Bonum Certa Men Certa

Horacio Gutierrez Has Left Microsoft, But the Patent Extortion Against Linux Continues, Also by Satellites

The legacy of Ballmer and Gutierrez remains at Nadella's Microsoft

Horacio Gutierrez
Picture contributed by a reader in 2008



Summary: Reactions to the exit of Horacio Gutierrez and a reminder that Microsoft has implemented no change of strategy as it pressures Linux (with software patents) not only directly

AS we noted in our previous post, more writers now agree with us that Microsoft's patent aggression against Linux is not acceptable and probably serves as proof that Microsoft still hates Linux. Nearly a week ago it became apparent that the architect of Microsoft'a patent strategy against Linux was leaving. Mike Masnick retweeted Re/code and wrote: "This guy once spent an hour in a conference room lecturing me on just how *amazing* patent licensing is..."



That was the first time we noticed a report about it. It came from the Microsoft booster (who was among the loudest cheerleaders for the patent extortion even way back in her Novell days/era at CNET). Yes, Ina Fried covered it and her employer wrote "Spotify taps top Microsoft lawyer Horacio Gutierrez as general counsel" (it's pretty big news and it seems like Re/code may have broken the story).

"Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image)."As we mentioned him just two days beforehand (translation in Spanish was posted the following afternoon) we cannot help but wonder if some of our recent articles served to convince him to change jobs or even had Microsoft rethink its patent strategy. In the past month we got about 30 million hits at the cache level, so surely many people read about Microsoft's patent aggression (we wrote numerous articles about it, going weeks back) and some even wrote their own articles about it (partly inspired by what we had published).

Based on reports we have been reading, we don't know if this Microsoft Mafioso has decided to quit his job or Microsoft simply told him to go (being associated with patent extortion/blackmail is enormously detrimental for Microsoft's public image).

Gavin Clarke (historically a Microsoft apologist) has only just noticed -- days late! -- that this Mafioso left Microsoft. He called him "Linux Inquisitor" in the headline (strong words!) and said:

Linux and Android device makers can breath a little easier: their IP bête noir has left Microsoft.

The lawyer running Microsoft’s intellectual property inquisition, Horacio Gutierrez, has left after 18 years. He’s jumped to streaming service Spotify.

Gutierrez joined Microsoft in 1998 but ran the company’s LCA innovation and intellectual property group between 2006 and 2014.

He was in charge of Microsoft’s legal team on global patents, copyrights, trademarks, licensing, standards and regulatory compliance.


Someone told us in the comments last week: "So, will Spotify now start suing over software patents now that Gutierrez has moved? It's bad news for Spotify to get "former" Microsofters."

"Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit."Will they basically become non-practising patent parasites? They're mostly in the area of copyrights, not patents. In fact, days ago they signed a high-profile copyright deal (beyond the scope of this article).

IAM, to its credit, was also relatively quick to report on the departure of Gutierrez. To quote: "Microsoft’s current general counsel and former head of IP Horacio Gutierrez, who was one of the major players in the company’s lucrative multi-billion dollar per year Android licensing campaign, is leaving his role to take up the corresponding position at music streaming service Spotify. Gutierrez became general counsel and corporate vice president at Microsoft after a reshuffle in November last year which saw his predecessor Brad Smith promoted to company president and chief legal officer. Prior to that – in July 2014 – Gutierrez was appointed corporate vice president and deputy general counsel in the Microsoft legal function’s products and services division."

Gutierrez was a Mafioso, and like some in the Mafia he was walking around in a suit.

"One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause."Some may be led to believe that Microsoft will soon stop its patent aggression, but there is no indication of it. Moreover, Microsoft still attacks Linux through patent proxies, including some patent trolls. IAM reminded us of RPX the other day, among other trolls (IAM does not say "trolls", just NPEs and SEPs, who are paying IAM). Several divisions of Microsoft are both SEPs and NPEs. The company acts little better than a patent troll, with a much broader patents pool. Uniloc is now flirting with the Microsoft-connected Acacia. To quote IAM: "Even with the battering that most public IP companies (PIPCOs) have weathered on the capital markets over the last few years, Uniloc’s $189 million offer for Acacia, which was announced earlier today, seems far too low. A few years ago Acacia was a multi-billion dollar business with a licensing model that investors flocked to, and which produced a steady stream of revenues."

For Microsoft to demonstrate that it is prepared to enter a peaceful co-existence with Linux it will need to not only stop its patent aggression but also stop proxies such as Intellectual Ventures from doing the same thing. One way to stop Microsoft's patent extortion is to make it financially less viable (economically unsustainable) by convincing technology experts (who choose what to buy for their companies) to drop Microsoft contracts, effectively boycotting the company while clarifying that patent aggression is the cause.

Recent Techrights' Posts

Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026