05.25.10
Posted in Courtroom, Novell, SCO, UNIX at 1:25 am by Dr. Roy Schestowitz
Summary: SCO’s procrastination may lead to a situation where Novell no longer bothers to fight for UNIX ownership
NOVELL is being wooed by up to 20 entities/companies (mostly amoral hedge funds and the likes of them) after it put itself up for sale. It is expected that Novell will reveal the details soon and then hold an auction. What would happen to the SCO case? Groklaw has taken a look at some material as it ranted about justice being just a process in the US juridical system; SCO just keeps appealing decisions it does not accept and if enough time passes, Novell might have its leadership replaced and SCO’s persistence might pay off. From Groklaw we have:
I was looking around, trying to find a case where a judge directed the jury to rule a certain way or decided the jury was wrong and so overruled them. As you know, SCO is asking the judge in SCO v. Novell to overturn the jury’s verdict, as one possible form of relief it would like. So that’s why I started researching.
This post concentrates on Susan Anthony and women’s voting rights, but the point of the matter comes at the end where it says: “Law is a process, not a day’s event, a marathon, not a sprint.” Can SCO undermine the law by procrastination? Let’s hope not. It’s not exactly procrastination, but SCO keeps buying time to ensure the FUD sticks for 7 years. █
“On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO’s strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO’s financing, hiding behind intermediaries like Baystar Capital.”
–Bruce Perens
Permalink
Send this to a friend
05.24.10
Posted in Courtroom, Europe, Law, Microsoft, Security, Windows at 8:29 am by Dr. Roy Schestowitz
Summary: Microsoft faces new challenges as security problems continue to be found even in the latest version of Windows and a UK High Court ruling indicates that Microsoft is now liable
NOW that one in two Windows PCs is believed to be a zombie PC Microsoft becomes a national and international problem. The latest Vista 7 vulnerability is a sign that things are not improving and Microsoft will start working privately/secretly with government in its disclosure of vulnerabilities [1, 2, 3, 4]. Will hidden/silent patches also be shared with governments? Last week there was an erroneous suspicion in Slashdot citing a blog with a semi-false alarm about a new security hole.
If you’re relying on the password encryption in Microsoft Dynamics GP — formerly Great Plains — to meet your PCI requirements, stop what you’re doing and listen up. It’s been revealed that its encryption algorithm is about as simple as it can be: a substitution cypher.
Look at the original source to see how Microsoft responded to the blogger by spinning and having the blogger state: “I must correct this and clarify. By default, GP gives the user access to the DYNAMICS database but the user CANNOT login to the SQL server using SQL Enterprise Manager. Here’s what happened: I reset the LESSONUSER’s passwords with SQL Enterprise Manager and afterward I was able to login to SQL Enterprise Manager with the LESSONUSER’s credentials. Some flag most have been updated when I reset the password – I need to investigate this further (this was all done in a Test environment). This was a BIG oversight on my part and I apologize for this. I really should have tested this out more before posting that statement. (Thank you Mark and others that pointed this out to me).”
Other known flaws are being addressed.
Microsoft, the software giant based in Redmond (USA), released two critical security updates on May 11, 2010, patching vulnerabilities within its e-mail applications as well as the Visual Basic for Applications designed to implement software programming language built into Microsoft Office.
“New Exploit Resists Windows Security Software,” reports IDG:
“This is definitely very serious,” said Alfred Huger, vice president of engineering at Immunet, a Palo Alto, Calif.-based antivirus company. “Probably any security product running on Windows XP can be exploited this way.” Huger added that Immunet’s desktop client is not vulnerable to the argument-switch attacks because the company’s software uses a different method to hook into the Windows kernel.
According to Matousec, nearly three-dozen Windows desktop security titles, including ones from Symantec, McAfee, Trend Micro, BitDefender, Sophos and others, can be exploited using the argument-switch tactic. Matousec said it had tested the technique on Windows XP SP3 and Vista SP1 on 32-bit machines.
Here is security guru Bruce Schneier commenting on the news that Microsoft’s EULA is no longer an excuse for security flaws [1, 2], at least in the UK where Schneier’s employer is based.
The British High Court ruled that a software vendor’s EULA — which denied all liability for poor software — was not reasonable.
Microsoft claims no liability [1, 2, 3, 4] in its EULA and other places. From now on it may be possible to sue Microsoft UK when its inherently-flawed software leads to big damages (as it does all the time). █
Permalink
Send this to a friend
05.17.10
Posted in Courtroom, GNU/Linux, Google, Microsoft, Patents at 3:28 pm by Dr. Roy Schestowitz
Summary: TiVo loses and Microsoft is losing in a major way after violations that it sometimes willfully commits; Microsoft’s patent attack on Android revisited
SEVERAL months ago Microsoft sued TiVo for patent infringement (TiVo is known for its use of Linux) after TiVo had resorted to patent aggression. According to Reuters, TiVo has just suffered a setback which TechDirt explains by saying that “Appeals Court Vacates TiVo’s Big Patent Win Over Echostar”:
Shares of TiVo fell as much as 42 percent on Friday after an appeals court set aside the company’s win in a patent battle over digital video recorders with rivals Dish and EchoStar.
TiVo’s lawsuit against EchoStar for patent infringement has been a mostly one-sided affair. TiVo appeared to win at every turn, to the point that there were stories suggesting EchoStar would have to start blocking the use of its own DVR. TiVo had celebrated these victories by suing others as well, and demanding ridiculous sums of money from EchoStar. Of course, it seemed odd to us that, while all of this was happening, the US Patent Office was admitting the patents might not be valid. Oops.
The more relevant news (to us) is probably about Microsoft though. Microsoft has just agreed to pay $200 million to settle its case with/against VirnetX.
“There’s a quote in Comes about MS don’t license other people’s patents,” told us a reader who mailed us with the latest news about VirnetX [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].
Microsoft Corp will pay $200 million to VirnetX Holding Corp and obtain a patent license to settle litigation accusing it of infringing two patents for communicating over the Internet.
As we mentioned the other day, there are important developments in another patent case. Here is the press release about I4i vs Microsoft and a lot of coverage from Microsoft sites, the ‘Microsoft press’, and a variety of other sources with a lesser or greater degree of interest in Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. The Register summarises it as follows:
Microsoft’s request to have the patent claim it brought against Canadian software maker i4i examined has been thrown out by the US Patent and Trademark Office (USPTO).
i4i said it was pleased that all the claims of US patent number 5,787,449 that belong to the company came out unscathed following a re-examination called for by Microsoft.
i4i has already told the British press that it would not settle with Microsoft. Will it change its mind? Was it playing hard to get? Microsoft sure does settle.
Again we emphasise that Microsoft is not the victim because it probably suffocates rivals to make billions of dollars using software patents (or the SCO case), which should not exist in the first place. Microsoft’s latest Linux-using victim is HTC (it was reported as a settlement, as opposed to an agreement). “HTC Will Pay Royalty To Microsoft For Using Android,” says this newer article.
The operating system of Microsoft is Windows. The license to use Windows on their cell phones many mobile manufacturers are being given the licence by Microsoft. Microsoft did not reveal what would be the amount of royalties that HTC is going to pay.
One prominent blogger asks, “Does Android Have a Target on its Back?”
Android is the hot smartphone platform currently, and that means the competition has it squarely in its sights. Apple fired the first salvo with its patent infringement claims against HTC. HTC is the largest maker of Android phones, so the suit is a shot across the bow of Android. Then we had HTC sign a deal with Microsoft that gives the handset maker protection over potential infringement of Redmond’s intellectual property (IP) for all Android handsets sold. No matter what you think about Apple’s claims, the HTC deal with Microsoft may have the biggest long-term impact on Android.
We will write about Apple’s case again HTC a little later. Basically, Linux/Android is doing very well, so all that Microsoft and Apple have left is litigation and intimidation (to settle without litigation).
Just how well is the Linux-based Android doing? We wrote about it in the morning (twice even [1, 2]). Watch how the 'Microsoft press' belittles it somewhat using NPD figures (there is a Microsoft connection). The following numbers are US-only, but the Microsoft sources do not state this. Moreover, they quote former Microsoft employee and current shill Michael Gartenberg without disclosure [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].
The open source Android smartphhone market just hit a milestone of sorts: it surpassed the iPhone in popularity, moving into the second overall spot behind industry leader RIM OS (BlackBerry).
NPD numbers are worthless. The numbers worth paying attetion to are based on whole numbers as opposed to US-only extrapolation from friends of Microsoft, reported poorly with quotes from Microsoft boosters who receive money from Microsoft. That’s the sort of media corruption that we mentioned earlier today. █
Permalink
Send this to a friend
05.15.10
Posted in America, Apple, Courtroom, GNU/Linux, Law, Microsoft, Patents at 9:11 am by Dr. Roy Schestowitz
Summary: How the International Trade Commission (ITC) is adding to harm already caused by the USPTO
ON many occasions in the past we criticised the ITC for incentivising embargoes. Apple and Microsoft both misuse this power.
Law.com has this new report and Florian labels it an “article on how the US International Trade Commission supports patent trolls”
Patent Litigation Weekly: ITC Rolls Out the Welcome Mat for ‘Trolls’”
[...]
The International Trade Commission was created in 1916 to protect U.S.-based companies that made and sold goods within the country’s borders. In recent years, however, the agency’s definition of what qualifies as “domestic industry” has expanded to the point that small patent-holding companies with just a handful of employees (Saxon Innovations, St. Clair Intellectual Property Consultants) and even individual inventors have been allowed to proceed with ITC litigation.
Congress helped expand the ranks of who could seek remedies at the ITC in 1988 when it amended the “domestic industry” requirement to include “licensing” as qualification. Patent-holding companies have relied on that change ever since to justify their arguments that the taxpayer-funded ITC should ban imports of certain products on their behalf. Of course, in 1988, the patent litigation landscape was very different, and patent-holding companies—aka “non-practicing entities,” or “patent trolls”—in the modern sense simply didn’t exist.
It is curious that a US agency is called “International Trade Commission”. There are other examples like that, but they are beyond the scope of this post although these too employ sanctions/blackmail. See what the International Intellectual Property Alliance (IIPA) does to Free software for example. It’s a recent case.
“The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders.”Given the harm ITC can cause to innovation, more countries need to voice dissent. The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders. It’s hardly conceivable that huge populations like Brazil or India would impose similar restrictions using their hypothetical newly-minted agencies, which would in turn operate beyond their borders.
The ITC not only serves US interests; it also serves the interests of aggressors like Apple and Microsoft or parasites like Acacia, whose case against Linux we recently covered in:
According to Groklaw, some of the site’s contributors played a role in defeating Acacia, which has former Microsoft executives amongst its staff.
First, a call went out on Groklaw for prior art. When news of this litigation first broke in 2007, and I asked if any of you knew of any prior art, one of the first comments mentioned the Amiga. I kid you not. Another almost immediately mentioned still owning an Amiga or two. In 2009, Red Hat officially asked the world for prior art, and again someone here mentioned the Amiga. So you guys knew before the lawyers did, which of course you would. It’s your area of expertise. That’s what I get from it. And that I should have made sure they were reading Groklaw in 2007. Next time.
Better still, you want to help. When Novell put out a statement about the jury’s ruling, it said that the open source community will always fight for its software. And that is true. It did, it still does, and it always will.
Isn’t it ironic that Novell says this (rather than Red Hat, for example)? It is Novell which is harming the Free software community, parts of which are fighting against Novell/Microsoft. That’s the type of shameless PR we wrote about earlier today (Novell routinely uses the SCO case in the same way, essentially for PR purposes). █
Permalink
Send this to a friend
05.10.10
Posted in Africa, America, Antitrust, Courtroom, Deception, Free/Libre Software, GNU/Linux, Microsoft, Windows at 11:34 am by Dr. Roy Schestowitz
World War 2 propaganda poster
Summary: The mainstream press refuses to state the obvious while Microsoft turns one state after another into a Microsoft Windows/Office indoctrination facility
UNITED STATES officials never learn, or maybe their predecessor never learn from history. The same company which abused the US market for many years (later to be found guilty) is now collecting fees and imprisoning the very same people whom it claims to have compensated.
We will start today’s post with the news that Mississippi lawyers will receive $10 million for fighting Microsoft and winning.
A Mississippi judge has upheld millions of dollars in attorneys’ fees for handling a state lawsuit against computer software manufacturer, Microsoft.
Hinds County Chancellor, Denise Owens, dismissed the challenge filed by state auditor, Stacy Pickering, over $10 million in attorneys’ fees.
We previously wrote about the Mississippi antitrust case in:
Common sense ought to indicate that Mississippi won’t do business with Microsoft again. If someone sells you a faulty car under false pretenses, would you return to the same person to buy your next car? It makes no sense. In this case, Microsoft did more than sell a faulty product; it also eliminated competition in the car industry by breaking the law and then overcharged for the car. A decade or more later we have better options in the market, including BSD and GNU/Linux distributions which are very mature, reliable, and affordable. States should start deploying these, but Microsoft stifles such initiatives by monopolistic dumping.
Watch the public-elected officials as they crawl back into Microsoft’s bed right after receiving compensation (having fought for years in court). Gov. Phil Bredesen sells out and sells his citizens to a convicted monopolist. He is the latest among more than a dozen governors, who one by one decided to participate in Microsoft’s ‘American EDGI’.
What is American EDGI?
That’s what we call the US equivalent (more or less) of EDGI, which Microsoft publicly calls “Unlimited Potential” (yes, it’s a euphemism). Here is the latest new example of “Unlimited Potential” in action.
The YWCA Cass Clay has received the third year of funding from the Unlimited Potential – Community Technology Skills grant program from Microsoft.
Watch the headline. It says “Microsoft donates $205,000 to Cass-Clay YWCA”. What an abuse of the word “donates”. Companies don’t donate, they only pretend to donate (they have shareholders after all) in order to accrue value later on. It’s mostly about blocking Free software in this case.
Now, watch Lance Whitney calling another element of EDGI (software dumping) “free” and playing along with the marketing sham. Only after seeing this article did we find out who Lance Whitney actually is. Based on a very recent article of his (see disclosure), “He’s a contributing editor for Microsoft TechNet Magazine and writes for other computer publications and Web sites.”
That ought to explain self-deception at the very least (like self-censorship).
Here is another EDGI-reminiscing deal which Microsoft has just struck in Texas:
Texas State’s College of Education announced a partnership last week with Microsoft to develop a pilot program for preparing public school teachers to use the 21st century classroom.
Texas State’s College of Education ought to offer education, not indoctrination. Later on we’ll show that Gates is doing something similar to schools these days. They capture the minds of the next generation this way.
Going back to Gov. Phil Bredesen, watch how Microsoft is exploiting the state of Tennessee for indoctrination, with the government’s consent even:
i. Elevate America a great place to begin
On Wednesday, Gov. Phil Bredesen signed a deal with Microsoft Corp. to offer Tennessee residents 25,875 vouchers for free online technology training. The long-term economic value of this public-private partnership should not be underestimated. Employers are demanding higher levels of computer skills. The Elevate America partnership with the Tennessee Department of Labor is a great opportunity for Tennessee residents to acquire these important job skills in a convenient, no-cost online venue.
ii. State, Microsoft Team For Free Tech Training
NASHVILLE, Tenn. — Gov. Phil Bredesen said that Tennessee is teaming up with Microsoft to provide free technology training to people across the state.
iii. State residents can pursue free Microsoft technology training
Gov. Phil Bredesen today announced that Tennessee will join forces with Microsoft in an innovative public-private partnership to provide free technology training to people across the state, a news release states.
iv. Bredesen Unveils Partnership With Microsoft To Offer Technology Training In Tennessee
Through Elevate America, Microsoft will work with the Tennessee Department of Labor to distribute 25,875 vouchers for free, online technology training and certification.
v. Career Center Offers Vouchers For Elevate America
Governor Bredesen announced that Microsoft will be bringing their innovative Elevate America program to Tennessee. Microsoft and the Tennessee Department of Labor will be distributing almost 26,000 free vouchers for online technology training and certification
What does that do to participants really? It only turns them into clients of Microsoft using ‘skills’ that even kids under 10 get qualified and certified for (true story and there is a new audiocast on the subject, titled “I earned my Microsoft Certification Badge when I was 11″).
Using a new press release, Microsoft is looking for other companies to help this American EDGI sham, exploiting a crisis for self enrichment and power over the most vulnerable people. The Seattle press plays along and so do some other publications which name Orange County as a victim of this sham:
Orange County’s unemployed workers snapped up most of the free online courses offered last month by Microsoft as part of its Elevate America program, reports the state Employment Development Department.
“Free online courses,” eh? So someone just pays for bandwidth which is used to make people dependent on Microsoft. Are these bandwidth costs being covered by the state so that Microsoft can sit back and just watch how the government becomes an extension of the abusive monopoly? More importantly, are all journalists naive enough to not see what is happening here?
“Once in a while there is a journalist who explores and uncovers the truth, but the resultant report gets washed aside by massive amounts of PR-esque fake ‘news’.”Well, a very recent study showed that the majority of news (especially local news) is written by PR people and ‘dressed up’ a little for publication. As we stressed many times before (along with examples and new proof), Microsoft's control of the national press is very great in the United States, which is how they get their way and overwhelm truth/logic with spin. Once in a while there is a journalist who explores and uncovers the truth, but the resultant report gets washed aside by massive amounts of PR-esque fake ‘news’.
According to TechFlash (also in Microsoft's pocket), Microsoft is outsourcing its viral video campaigns at the moment.
A couple months ago we told you about an unique promotion from the Greater Seattle Chamber of Commerce in which they asked small business owners to produce a short video touting how Microsoft’s Office 2010 boosts productivity at their companies
More fake ‘fan’ videos, eh?
According to this new blog post (blogs are sometimes more reliable than news sites these days), MSNBC (Microsoft-NBC) and Microsoft are now acquiring Today.com, which will possibly become another fake ‘news’ site.
According to the current Whois record for Today.com, it looks like Microsoft recently acquired the domain name Today.com, and it now forwards to MSNBC’s Today Show website. Prior to Microsoft’s ownership, it appeared to be registered by a company called Marksmen, Inc. which has been known to acquire domain names on behalf of large companies like Microsoft. Prior to that, it was privately registered, and just before that, Domain Capital was shown as the registrant.
“Fending Off Microsoft, Google Invests In TV Ad Startup,” says another article. Google’s role as a gateway to many news sites is also a serious issue which we’ll address at a later date. It’s a global problem.
Two weeks ago we wrote about Microsoft exploiting poor people in South Africa using an EDGI-like action and this currently gets published in the ‘news’ sites of South Africa (feeding on US ‘news’ sites for material), still full of spin and nonsense.
This was one of Microsoft’s biggest equity equivalent deals seen in South Africa to date and was part of its broad-based black economic empowerment (B- BBEE) programme.
How come nobody dares to explain Microsoft’s real motives? In this case, Microsoft is blocking use of Free/libre software. It also pretends that putting a retail price tag on some zeros and ones constitutes huge and generous donation and then makes a public relation scene out of the whole thing. █
“It’s easier for our software to compete with Linux when there’s piracy than when there’s not.”
–Bill Gates
Permalink
Send this to a friend
05.09.10
Posted in Antitrust, Courtroom, Deception, Hardware, Microsoft at 8:11 pm by Dr. Roy Schestowitz
Summary: Bungie’s goodbye, “Game Room” setbacks, Datel’s lawsuit against Microsoft, and a general lesson about Microsoft’s treatment of its so-called ‘partners’
Xbox — just like many of Microsoft’s product lines (except Office and Windows) — is about illusion and rarely about reality. In reality, Xbox 360 is one of the worst-selling consoles in modern days and Microsoft has already lost billions of dollars on it. But wait. It gets worse.
Microsoft is known for its legal (or illegal) aggression and here is a new example of Microsoft shutting down a product/project using legal threats:
In other news that’s sure to excite hardcore PC gamers, MechWarrior 4 has finally been re-released by fan community MekTek.net. MekTek.net received permission to air the out of print game for free some time ago from developers Smith & Tinker, who licensed the MechWarrior rights from Microsoft, but Microsoft had initially stymied the project with legal threats.
As we showed back in April, Microsoft is said to be shunning companies that ‘dare’ to support platforms like GNU/Linux (platforms other than Microsoft’s). It’s a form of retaliation that’s intended to suppress cross-platform computer games. Microsoft is totally obsessed with total control, as we shall illustrate again later on.
“Bye” from Bungie and “Halo”
Microsoft has had many problems with gaming companies. FASA Interactive, a former Microsoft partner, says that Microsoft “destroys” partners; Bungie knows that very well [1, 2] and for quite some time now Bungie has complained about what Microsoft’s culture did to harm creativity. Bungie was very unhappy, despite the relative success of Halo.
“Bungie jumps from Microsoft to Activision,” says The Independent.
While Activision Blizzard look set to lose one set of award winning developers in the shape of Infinity Ward following recent troubles, they appear to be gaining another having signed an exclusive 10-year publishing deal with Bungie Studios.
“Bungie severs ties with Microsoft, signs big Activision deal,” claims Microsoft Nick and IDG worries about Halo. One of its writers asks: “What’s Next for Halo?”
Two of the biggest names in video games, Activision and Bungie, announced an exclusive 10-year development deal last week, stunning Halo fans and leaving Microsoft’s golden video game franchise at a crossroads.
This is also covered in [1, 2] (among other places/Web sites that we omit as there are too many) and Microsoft’s booster Brier Dudley talks to Bungie’s chief in order to paint a positive picture (for Microsoft, of course). It is worth mentioning those technical Halo problems which we mentioned in recent weeks because they are said to be resolved (long overdue).
“Game Room” Delayed, Layoffs Named
In other Xbox news we have:
i. New Microsoft Game Room Games Delayed Until ‘Further Notice’
Microsoft’s Game Room hasn’t had the smoothest rollout — first a lot of users reported having problems even loading it up when it launched in late March, then we learned the regular schedule of weekly new game releases wouldn’t kick in until late April. Now we’re at late April…and it looks like we’re going to keep waiting a little longer. Xbox Live European editor Dan Maher has tweeted that new Game Room games have been delayed for the time being.
ii. Microsoft: Game Room Updates Delayed Till Further Notice
Microsoft’s Europe Xbox Live editor, Daniel Maher, announced via Twitter today that any further Game Room updates have been delayed “until further notice” without any reason for the delay. Later in the day Major Nelson also tweeted that they are working on bringing additional Game Room titles “as soon as possible” but didn’t provide any further information on the delays.
It turns out that layoffs are part of the problem. Here is an interview with Krome Studios about Game Room. Microsoft too suffered a wave of layoffs and right now it sends many more jobs abroad. It turns out that not much entrepreneurship has emerged in Seattle following Microsoft’s layoffs. Microsoft doesn’t care about Seattle where it avoids paying tax.
Datel
As we noted at the top, Microsoft is ruthless when it comes to companies that support Microsoft. The egocentricity of Microsoft led to a desire for a monopoly on hardware (typical thing for Apple).
Datel’s antitrust complaint against Microsoft is going ahead, further contributing to legal trouble that Microsoft already has. Coverage about Datel includes:
Datel Given Green Light In Xbox 360 Antitrust Lawsuit
A UK-based maker of Xbox 360 accessories has been given permission to go ahead with an anti-trust lawsuit Microsoft after the software maker decided to stop supporting third-party accessories for its games console.
The Federal Court of California, presided over by Judge Elizabeth D. Laporte, said Datel Design & Development had every right to pursue the anti-trust charges it has filed against Microsoft, but asked it to amend one of its claims which accuses Microsoft off monopolising the Xbox Live market.
We have already covered this case last week [1, 2] and previously in:
Yes, this is how Microsoft treats ‘partners’ like Datel. Why is anyone supporting or augmenting Microsoft products in the first place? rPath, please pay attention. █
Permalink
Send this to a friend
05.06.10
Posted in Antitrust, Courtroom, GNU/Linux, Google, Hardware, Kernel, LG, Microsoft, SCO, UNIX at 7:23 am by Dr. Roy Schestowitz
Summary: New case in Ohio state shows Microsoft-connected lawyers pushing for Google antitrust; new details emerge in SCO’s Microsoft-backed push for ‘Linux tax’
A FEW months ago Microsoft confirmed that it was behind the push for anti-Google antitrust (complaints through third parties). This is not something that Microsoft is denying. This is why the following antitrust lawsuit is interesting (full filing therein). The lawyers have connections with Microsoft.
Back in February, we highlighted a rather odd antitrust lawsuit brought against Google by a small company. Google had originally brought a lawsuit against the company in the Ohio state court system for failure to pay its advertising bills, and the company suddenly came back with a group of big name (expensive) lawyers (who just happen to have a connection with Microsoft), claiming antitrust violations against Google.
A favourite old case of Microsoft (versus Linux, by proxy) is the SCO case. New evidence surfaces in this case after Caldera.com’s removal of robots.txt (for permission to spiders/indexers). In the words of Groklaw:
In the old days, it seemed every time Groklaw linked to evidence on one of those Caldera pages, it went to the great 404 in the sky within a day or two. Now, it will be possible to fix all those links. I wish they’d sell the sco.com domain name next. Maybe then we could get the complete historical picture.
As we pointed out 3 years ago, Novell too had changed its Web site quite a lot after the Microsoft deal. It essentially removed or modified pages that were hostile towards Microsoft.
Speaking of lawsuits and ‘Linux tax’, watch who is being sued for patent infringement. It’s the same company that already pays Microsoft some ‘Linux tax’. [via]
LG’s patent infringement lawsuit against Taiwan-based AU Optronics took an unexpected turn, as the final ruling not only found no fault against AU but in fact found AU as the victim, and now LG is the guilty party.
It is worth emphasising that this is to do with LCD (hardware). █
Permalink
Send this to a friend
05.05.10
Posted in Apple, Bill Gates, Courtroom, Law, Microsoft at 2:49 pm by Dr. Roy Schestowitz
Summary: K & L Gates steps into the case involving illegal raid of a Gizmodo blogger; Gawker Media may respond with a lawsuit
LAST week we wrote several posts about what Apple and the police (which Apple invoked) did to a blogger quite tactlessly and maybe even illegally. To cite some relevant posts again (many external links therein), we have:
We find it particularly curious that the dodgy K&L Gates (Bill’s dad) is getting involved with this case, although it is not coincidental given the size of this firm and the incredible political power it possesses.
A 21-year-old California man was identified by his lawyer Thursday as the person who sold a prototype iPhone to the Gizmodo technology site, which published photos and other information about the unreleased device.
Lawyer Confirms Identity of ‘lost’ IPhone SellerBrian Hogan, a college student who lives in Redwood City, Calif., was at a local bar with friends when another patron handed him the phone, said Jeff Bornstein, an attorney with San Francisco law firm K&L Gates, in an e-mailed statement. “Brian asked others near him if the phone belonged to them,” said Bornstein. “When they disclaimed ownership, Brian and his friends left the bar with the phone.”
According to this short report, Gizmodo may sue through Gawker Media.
The dispute between Gizmodo and the San Mateo County, Calif., sheriff’s office regarding the iPhone 4G prototype continues. CNET News reported Wednesday that Gawker Media, Gizmodo’s parent company, may sue the sheriff’s office for the search last week that resulted in the seizure of computer equipment from blogger Jason Chen’s home office.
Thomas Burke, a partner in the San Francisco office of law firm Davis Wright Tremaine, told CNET that Gawker has a cause of action “because search is not the appropriate method in this situation.” California shield laws and the federal Privacy Protection Act require police to use subpoenas to obtain information and other evidence from newsrooms.
Why sue the sheriff’s office? Law enforcers have connections inside the system that make them immune to action that delegitimises this very same system. Why is Apple off the hook here? █
Permalink
Send this to a friend
« Previous Page — « Previous entries « Previous Page · Next Page » Next entries » — Next Page »
Content is available under CC-BY-SA