Bonum Certa Men Certa

Microsoft Should be Subjected to Antitrust Action For an Extensive Network of Patent Blackmail, But With a Lobbyist in Charge (Trump Appointee) Don't Hold Your Breath

Elaborate plot to tax Linux/Android/ChromeOS will continue unabated

RacketSummary: While it seems unlikely that renewed antitrust action will be invoked against Microsoft, there's ample evidence that Microsoft continues to feed patent trolls while offering 'protection' from them (e.g. in the form of "Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)

THE CHANCES of regulation under Trump seem slim. There are many reasons for this, but we would rather focus on patents rather than pure politics.



Makan Delrahim is a lobbyist, yet he is in charge of antitrust now. It's almost unthinkable, but with Trump in power anything is possible, e.g. people governing or regulating industries which they themselves came from and may go back to (revolving doors). Dennis Crouch's thoughts on Delrahim were mentioned some days ago in a blog of patent maximalists. To quote a portion:

Makan Delrahim, the leader of the Antitrust Division of the U.S. Department of Justice of the Trump Administration, has made several interesting comments concerning patents and the antitrust interface. In a recent post on the Patently Obvious Blog, Professor Dennis Crouch discusses some debate concerning Mr. Delrahim’s positions as to when patent holders may create antitrust issues: “[Delrahim] explained that the DOJ’s historic approach has been a “one-sided focus on the hold-up issue” in ways that create a “serious threat to the innovative process.”” Professor Crouch includes links to documents concerning Delrahim’s positions as well as some responses.


Readers of ours have long called for government scrutiny over Microsoft's patent aggression (and dirty games which often rely on intermediaries). We still see such calls occasionally (they contact the Justice Department).

Remember Intellectual Ventures? The troll Microsoft pretty much created and continues to fund? The troll that passed thousands of patents to another patent troll called Dominion Harbor. Apparently, based on this update from Unified Patents, Dominion Harbor now uses proxies to engage in blackmail. Many of these patents may be worthless, as Unified Patents explained some days ago: "On February 28, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial in an IPR filed by Unified against U.S. Patent 8,082,213 owned and asserted by Smart Authentication IP, LLC. Smart Authentication, a Dominion Harbor subsidiary and a well-known NPE, declined to file a preliminary response in opposition to Unified's petition. The '213 patent, directed to a user authentication system, has been asserted against such companies as MongoDB, Slack Technologies, Evernote, Etsy, Discover and USAA."

We have meanwhile learned from this tweet that Intellectual Ventures (IV) passed some patents to Google. "According to USPTO assignment records," IAM wrote, "Google has picked up a couple of patents from IV. After recent RPX deal shows growing band of buyers looking at IV assets..."

This patent troll, Intellectual Ventures, attacks Federal Express in the "Rocket Docket" of trolls (EDTX, Judge Gilstrap), based on this new Docket Report about a lawyer falling ill. "The court deferred ruling on defendants' motion to substitute one of its experts and appointed a special liaison to help determine whether the expert would be able to proceed at trial," Docket Navigator wrote. What looks like another patent troll now sues Huawei in Texas (the "Rocket Docket", EDTX again), based on this other new Docket Report:

The court granted defendant's motion to strike portions of the report of plaintiff's infringement expert regarding previously undisclosed secondary considerations of nonobviousness.


Another Microsoft-backed troll, Finjan, was mentioned the other day. "News of a big settlement between Finjan and Symantec including a $65m payout to the NPE and a possible additional payment of $45m," IAM wrote.

Symantec is a Microsoft competitor, one of many that are being targeted by this troll. Does Microsoft expect nobody to notice Finjan's track record? While it's selling 'protection' from such trolls?

Glyn Moody at Linux Journal has in fact reminded readers what Microsot did a decade ago in an effort to target every GNU/Linux distributor out there. To quote:

Its general strategy was to spread FUD (fear, uncertainty and doubt). At every turn, it sought to question the capability and viability of open source. It even tried to convince the world that we no longer needed to talk about free software and open source—anyone remember "mixed source"?

Alongside general mud-flinging, Microsoft's weapon of choice to undermine and thwart open source was a claim of massive patent infringement across the entire ecosystem. The company asserted that the Linux kernel violated 42 of its patents; free software graphical interfaces another 65; the OpenOffice.org suite of programs, 45; and assorted other free software 83 more. The strategy was two-fold: first to squeeze licensing fees from companies that were using open source, and second, perhaps even more important, to paint open source as little more than a pale imitation of Microsoft's original and brilliant ideas.

The patent battle rumbled on for years. And although it did generate considerable revenues for the company, it failed dismally in its aim to discredit free software.


Why was Microsoft never subjected to any antitrust scrutiny over it? Right now Microsoft does pretty much the same things, albeit indirectly. Recall the never-heard-of-before Provenance Asset Group (Microsoft may be in the shadows, as we explained before [1, 2]). It is now distributing/scattering patents from Nokia, whose patents Microsoft already instructed Nokia to pass to patent trolls in the past. "Provenance Asset Group has published details of several lots of Nokia/Alcatel-Lucent patents it's selling," wrote a former IAM writer (link to the relevant page). Belatedly, this strange little entity names Dan McCurdy, Timothy Lynch, Linda Biel, and Laura Quatela as staff. Some have background in Alcatel-Lucent. RPX is mentioned there also. Microsoft too was a member of RPX until recently.

Recent Techrights' Posts

The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
 
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025