02.10.16
Posted in GNU/Linux, Google, Microsoft, Patents at 9:05 pm by Dr. Roy Schestowitz
The ‘new’ Microsoft is more like a new Mafia, albeit with much better marketing/veneer for secret patent deals
![Patent deal spin](http://techrights.org/wp-content/uploads/2016/02/patent-deal-spin.jpg)
How Microsoft announces patent deals now (covering Android and Linux), sparingly using newspeak and euphemisms (“Agreements” actually means patent settlements)
Summary: Acer is the latest large OEM to have become a victim of Microsoft’s witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft’s carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)
THIS article covers a subject I have been writing about for at least a decade, often in a dedicated manner (especially when it involved Novell’s patent deal with Microsoft, which put the whole of GNU/Linux in jeopardy).
“The frequently-repeated (usually by Microsoft advocacy sites) claims that “Microsoft loves Linux” are of course baloney. Everyone who has followed the news for more than a year or two surely knows this.”This article will no doubt upset some people at Microsoft, which has already been trying to silence this site in various ways (they even contacted my employer). In this article I intend not to be alarmist but merely to explain the latest embrace, extend, extinguish (E.E.E.) strategy of Microsoft, especially against the market leader (exceeding Windows in terms of market share), Android. It’s everything to do with patents, or to be even more specific, software patents. The EPO‘s dubious practices which Microsoft caused (by pressuring officials) to become the 'norm' also relate to this, but we shall leave that angle aside for another day (we already write a lot about the EPO, not only regarding software patents in Europe).
More Microsoft patent extortion has just been revealed. Microsoft is still fighting against Linux (which nowadays is mostly embodied in relatively closed systems such as Android) using patents as a weapon by which to impose spyware on everyone. Once again, software patents or monopolies on software algorithms are being used for extraordinary leverage and Microsoft puts a misleading label on patent deals, much like corporations bribe politicians but disguise the under-the-table payments as speech engagements or campaign contributions, among other semantic loopholes. The frequently-repeated (usually by Microsoft advocacy sites) claims that “Microsoft loves Linux” are of course baloney. Everyone who has followed the news for more than a year or two surely knows this. We wrote some articles about this last year, for example:
“He is basically a successor to the likes of Joachim Kempin, who not only illegally shot animals (and got arrested for it) but also famously said “I’m thinking of hitting the OEMs harder than in the past with anti-Linux. [...] they should do a delicate dance”.”The above discuss and link to articles about 5 large companies which Microsoft extorted (even quite explicitly) using patents in very much the same way that Microsoft now does Acer, a relatively fine supporter of GNU/Linux, even on some desktops. Is Microsoft really threatening to sue? Yes, see what it did to Samsung. It reached a settlement almost exactly one year ago, whereupon Samsung agreed to become Microsoft's vassal (this was confirmed later). It’s not hard to see what’s happening here; even a Microsoft booster like Mary Jo Foley acknowledges the role of patent blackmail, using unnamed software patents which Microsoft has been using to hunt down OEMs all around the world, even where software patents are not at all valid. The Microsoft booster wrote this just a few hours ago, citing Nick Parker (Corporate Vice President, Original Equipment Manufacturer Division, Microsoft). He is basically a successor to the likes of Joachim Kempin, who not only illegally shot animals (and got arrested for it) but also famously said “I’m thinking of hitting the OEMs harder than in the past with anti-Linux. [...] they should do a delicate dance”. Based on Microsoft’s current OEM Chief, in the words of Mary Jo Foley:
As of last May, there were 31 OEMs agreeing to preload Microsoft apps and services on their Android tablets and phones. Some of the other bigger names on the list include Samsung, Dell and Pegatron. As of today, there are now 74 hardware partners in 25 countries on the list. (I’ve asked Microsoft for an updated roster of those Android device makers who are part of the group.)
Though Microsoft officials don’t explicitly say that these preinstallation deals are tied to the company’s ongoing patent campaign via which Microsoft has stepped up its collection of patent royalties from Android device makers, today’s blog post does mention that “IP alignment is an important feature” of these agreements.
Last October, Microsoft’s deal with ASUS combined Office app licensing with an Android patent deal.
This isn’t even Microsoft software being put on these devices. Microsoft does not really make software anymore, it just makes malware/spyware like Vista 10 (the NSA’s dream come true, an always-on keylogger) or Skype (always-on wiretapping), with inability to opt of secret ‘updates’ [1] or even disable the mass surveillance on the desktop [2], based on new articles (see below).
“Microsoft’s latest strategy against Linux — as I foresaw it way back in the Novell days — is “do as we tell you or we shall sue you with patents.””Remember that Android distributors don’t include Microsoft malware by default/out of the box because they want to. Microsoft threatens to sue. Microsoft’s latest strategy against Linux — as I foresaw it way back in the Novell days — is “do as we tell you or we shall sue you with patents.”
Where’s the RICO Act when it needs to actually be enforced?
Microsoft’s love of Linux is the love of a python for a sheep. It just loves sheep. It’s delicious. It’s about devouring. When I said this in Twitter one person responded by saying “this industry has short memories; we’re at the “embrace” stage of embrace, extend, extinguish” (E.E.E.). █
Related/contextual items from the news:
-
After effectively giving everyone the silent treatment on changes to its operating system, Microsoft has created a webpage that briefly lists stuff inside the software updates as they are released. It’s not so much bowing to pressure from users as tossing a ball over a pier and hoping you’ll all chase after it and then the whole fuss will just go away.
“After listening to feedback regarding the level of disclosure for Windows 10 updates, we decided to implement a new system for communicating updates to the operating system,” a spokeswoman for Redmond told us earlier.
-
Analyst reveals that Windows 10 is amassing huge amount user data despite of user disabling the three tracking options
We all know that Windows 10 spies on users. We had reported spying issues associated with Windows 10 even as Microsoft had released the Windows 10 Technical Preview Version in August, 2014. After almost a year after when Windows 10 Final Build was released, Microsoft confirmed that Windows 10 spied on users in November 2015. It had added at that time that even it cant stop Windows 10’s telemetry program used for spying on users.
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12.19.15
Posted in GNU/Linux, Google, Microsoft, Patents at 5:29 pm by Dr. Roy Schestowitz
![Android and Microsoft](http://techrights.org/wp-content/uploads/2015/04/android-microsoft.png)
Image from Android Beat
Summary: Concerns expressed about adoption of Microsoft’s patented file systems and a preinstalled ‘app’ from Microsoft which turns phones into always-on listening devices
THE Microsoft-TomTom dispute showed us, as much as nearly 7 years ago, that Microsoft is firmly and openly engaged in a patent war against Linux. Microsoft would even take companies to court over it. Microsoft is still attacking Linux (mostly Android) companies using patents (5 such attacks were covered here earlier this year) and we therefore worry a great deal about whatever Microsoft is doing to make the ground more fertile for lawsuits, in the same way that Monsanto (less figuratively) plants the seeds for lawsuits against farmers whose fields have ‘patented’ seeds (this relates to Benoît Battistelli's EPO these days).
“File system patents, like those which Microsoft used against TomTom, are being imposed on Android.”The NSA’s PRISM pioneer and audio-visual informant (that’s Microsoft) has built a bug, with audio recording always on, into Android, using its Trojan horse, Cyanogen. We saw it coming and now we see it materialising. To quote this new article: “At the official announcement post for Cortana’s availability on iOS and Android, Microsoft also announced that future versions of Cyanogen OS will feature deep integration of Cortana. Along with this, it is now announced that Cortana will come along as part of the Cyanogen OS 12.1.1 OTA update for users of the OnePlus One in the USA, in December.”
This, however, does not worry us as much as the patents. Several hours were spent today in our IRC channels discussing these matters. File system patents, like those which Microsoft used against TomTom, are being imposed on Android. It’s an alternative ‘cash cow’ plot. Here are the relevant parts from IRC:
XFaCE |
schestowitz: also, (haven’t looked at TR in awhile) did you cover CyanogenOS’s inclusion of Cortana |
Dec 19 14:47 |
XFaCE |
schestowitz: also, CM13 nightly recently added an NTFS driver |
Dec 19 14:47 |
XFaCE |
http://review.cyanogenmod.org/#/c/123061/ |
Dec 19 14:49 |
-TechrightsBot-tr/#techrights-review.cyanogenmod.org | Gerrit Code Review [ http://ur1.ca/ocp4n ] |
Dec 19 14:49 |
XFaCE |
“sepolicy: Set the context for fsck.exfat/ntfs to fsck_exec” |
Dec 19 14:49 |
schestowitz |
didn’t see it |
Dec 19 14:50 |
schestowitz |
is it in C-Mode? |
Dec 19 14:50 |
XFaCE |
http://review.cyanogenmod.org/#/c/122995/ |
Dec 19 14:50 |
-TechrightsBot-tr/#techrights-review.cyanogenmod.org | Gerrit Code Review [ http://ur1.ca/ocp4p ] |
Dec 19 14:50 |
schestowitz |
Or just Cyanogen Inc? |
Dec 19 14:50 |
XFaCE |
“Native NTFS kernel driver support” |
Dec 19 14:50 |
XFaCE |
this is CM13 |
Dec 19 14:50 |
schestowitz |
I mean, upstream |
Dec 19 14:50 |
schestowitz |
is it included in the core of CM? |
Dec 19 14:50 |
XFaCE |
yes |
Dec 19 14:50 |
schestowitz |
wow |
Dec 19 14:50 |
cubexyz |
schestowitz, I’m asking for permission to use it as it’s a private email |
Dec 19 14:50 |
schestowitz |
You said CyanogenOS |
Dec 19 14:50 |
XFaCE |
schestowitz: yeah, in realtion to cortana |
Dec 19 14:50 |
XFaCE |
*relation |
Dec 19 14:51 |
schestowitz |
what’s the link? |
Dec 19 14:51 |
schestowitz |
Because they claims CM is barebones and then vendors can do to it a bundle |
Dec 19 14:51 |
XFaCE |
http://www.xda-developers.com/xda-external-link/cortana-now-available-where-and-when-you-need-her-no-matter-what-smartphone-you-choose/ |
Dec 19 14:51 |
-TechrightsBot-tr/#techrights-www.xda-developers.com | Cortana to Come Preloaded On Cyanogen OS 12.1.1 on OnePlus One [ http://ur1.ca/ocp4r ] |
Dec 19 14:51 |
schestowitz |
also, are there articles about it? |
Dec 19 14:51 |
XFaCE |
so to summarize |
Dec 19 14:51 |
schestowitz |
one PlusOne |
Dec 19 14:51 |
schestowitz |
but is it also upstream? |
Dec 19 14:51 |
XFaCE |
NTFS/exFat is added to CyanogenMod |
Dec 19 14:51 |
XFaCE |
Cortana on CyanogenOS |
Dec 19 14:51 |
XFaCE |
so CyanogenOS has become a transparent Microsoft marketing bed |
Dec 19 14:52 |
XFaCE |
and CM13 is slowly becoming one |
Dec 19 14:52 |
oiaohm |
XFaCE: sorry you don’t understand the problem. |
Dec 19 14:53 |
XFaCE |
“At the official announcement post for Cortana’s availability on iOS and Android, Microsoft also announced that future versions of Cyanogen OS will feature deep integration of Cortana. “ |
Dec 19 14:53 |
oiaohm |
NTFS and exFat in fact becomes stupidly forced by storage device makers. |
Dec 19 14:53 |
XFaCE |
I don’t even run either on my sdcard |
Dec 19 14:53 |
XFaCE |
I just use JFFS |
Dec 19 14:53 |
oiaohm |
You still don’t understand the problem. |
Dec 19 14:53 |
XFaCE |
that was an aside comment |
Dec 19 14:54 |
oiaohm |
Some sdcards if you put anything other than exfat or ntfs on them they will destory you data. |
Dec 19 14:54 |
oiaohm |
and I am not kidding. |
Dec 19 14:54 |
XFaCE |
well that’s fucked up |
Dec 19 14:54 |
XFaCE |
link? |
Dec 19 14:54 |
oiaohm |
Why they storage card system for working out what sectors it can recycle for wear leveling is working from the information it extracting from the file system. |
Dec 19 14:55 |
oiaohm |
It was covered in a 2010 australian Linux conference video. |
Dec 19 14:55 |
XFaCE |
“Nevertheless, in order to be fully compliant with the SDXC card specification, many SDXC-capable host devices are firmware-programmed to expect exFAT on cards larger than 32 GB. Consequently, they may not accept SDXC cards reformatted as FAT32, even if the device supports FAT32 on smaller cards (for SDHC compatibility). Therefore, even if a file system is supported in general, it is not always possible to use alternative file systems on SDXC cards a |
Dec 19 14:56 |
XFaCE |
t all depending on how strictly the SDXC card specification has been implemented in the device. This bears a risk of accidental loss of data, as a host device may treat a card with an unrecognized file system as blank or damaged and reformat the card.” |
Dec 19 14:56 |
XFaCE |
wow |
Dec 19 14:56 |
oiaohm |
XFaCE: Please note SDXC contains exfat as part of the standard. |
Dec 19 14:56 |
XFaCE |
after how much $$$ from MS? |
Dec 19 14:57 |
oiaohm |
So format SDXC with NTFS and its exfat only you data is screwed. |
Dec 19 14:57 |
oiaohm |
XFaCE: when you understand the problem what choice do OS vendors have when Hardware makers lock in the format. |
Dec 19 14:58 |
XFaCE |
thanks for this info, I didn’t know that |
Dec 19 14:58 |
schestowitz |
thanks |
Dec 19 14:58 |
schestowitz |
will do an article about i |
Dec 19 14:59 |
schestowitz |
it |
Dec 19 14:59 |
XFaCE |
two separate ones? |
Dec 19 14:59 |
oiaohm |
Please note when buying ssd harddrives this problem can apply as well. |
Dec 19 14:59 |
oiaohm |
Yes always look for Linux support on a ssd harddrive because that means generic file system support. |
Dec 19 14:59 |
oiaohm |
Windows or OS X only ssds could be nasty. |
Dec 19 14:59 |
XFaCE |
god damn |
Dec 19 14:59 |
XFaCE |
oiaohm: do you have an example of a Linux-ready SSD? |
Dec 19 15:03 |
XFaCE |
for future reference |
Dec 19 15:03 |
XFaCE |
schestowitz: looks like what oiaohm has said – the cm13 ntfs thing is an android-wide developement |
Dec 19 15:04 |
XFaCE |
cyanogenos however IS going microsoft |
Dec 19 15:04 |
oiaohm |
https://www.microsoft.com/en-us/legal/intellectualproperty/mtl/technologylicensing.aspx?f0ebc726-7ebd-4545-a353-de9b1edbdbee=True Yes Microsoft does demard patents over exfat. |
Dec 19 15:05 |
-TechrightsBot-tr/#techrights-www.microsoft.com | Intellectual Property Technology Licensing Programs [ http://ur1.ca/ocp5c ] |
Dec 19 15:05 |
XFaCE |
oiaohm: this is the kind of shit that anti-trust agencies should be raving on |
Dec 19 15:06 |
XFaCE |
this is clear monopolistic bullshit |
Dec 19 15:07 |
cubexyz |
schestowitz, briefly it’s like this… customer says win10 KOed his computer to the point he can’t even install a new OS |
Dec 19 15:07 |
oiaohm |
XFaCE: ssd even Linux ready ones have major teeth at times. https://downloadcenter.intel.com/download/18363/Intel-Solid-State-Drive-Firmware-Update-Tool |
Dec 19 15:07 |
-TechrightsBot-tr/#techrights-downloadcenter.intel.com | Download Intel® Solid-State Drive Firmware Update Tool [ http://ur1.ca/ocp5f ] |
Dec 19 15:07 |
cubexyz |
I’ve asked him for permision to quote him, as soon as he gives that I’ll post the text online |
Dec 19 15:08 |
XFaCE |
major teeth? |
Dec 19 15:08 |
oiaohm |
XFaCE: ssd drives have firmware updates read the notes about it. |
Dec 19 15:08 |
XFaCE |
yikes |
Dec 19 15:09 |
oiaohm |
XFaCE: —If the Intel SSD firmware update process is interrupted, your Intel SSD may not function properly.— found this bit. |
Dec 19 15:09 |
oiaohm |
In otherwords I can eat your data. |
Dec 19 15:09 |
oiaohm |
Now Microsoft is wanting to make firmware updating on stuff automatic. |
Dec 19 15:09 |
cubexyz |
the upside, if there is one… is the customer will be more receptive to non-microsoft operating systems |
Dec 19 15:10 |
oiaohm |
My main usage of ssd harddrives is as bcache where the majority of the data is kept on old school spinning media. |
Dec 19 15:11 |
XFaCE |
oiaohm: how are kingston ssds for linux compatibility? |
Dec 19 15:11 |
oiaohm |
XFaCE: From what I have seen of kingston ssds they all had Linux firmware update tools. Now a problem you can run into with a kingston ssd they don’t have os x tools and older drives don’t have current version of Windows tools. |
Dec 19 15:14 |
oiaohm |
XFaCE: so kingston ssd is more Linux compadible than anything else. |
Dec 19 15:14 |
oiaohm |
Ie not compadible with mostly everything else. |
Dec 19 15:14 |
XFaCE |
lol |
Dec 19 15:15 |
XFaCE |
well that’s good to know |
Dec 19 15:15 |
XFaCE |
Kingston SSDs it is |
Dec 19 15:15 |
oiaohm |
XFaCE: I guess you starting to see this SSD stuff has major holes. |
Dec 19 15:15 |
XFaCE |
well I never even thought of it |
Dec 19 15:15 |
oiaohm |
So a SSD good for Linux can be horible for Windows and OS X. |
Dec 19 15:15 |
XFaCE |
thanks very much for bringing it to our attention |
Dec 19 15:15 |
XFaCE |
the sdxc thing is just… wow |
Dec 19 15:16 |
oiaohm |
And you can swap that around. |
Dec 19 15:16 |
oiaohm |
So when you buy a SSD it better match the OS’s you are wishing to use in spec. |
Dec 19 15:16 |
XFaCE |
oiaohm: in an ideal world SDXD would require JFFS or something open |
Dec 19 15:16 |
XFaCE |
or YAFFS |
Dec 19 15:17 |
oiaohm |
XFaCE: F2FS is from samsung. |
Dec 19 15:18 |
XFaCE |
ah right |
Dec 19 15:18 |
schestowitz |
https://www.gnu.org/fun/jokes/helloworld.html |
Dec 19 15:22 |
-TechrightsBot-tr/#techrights-www.gnu.org | Hello World! – GNU Project – Free Software Foundation (FSF) [ http://ur1.ca/ocp69 ] |
Dec 19 15:22 |
oiaohm |
XFaCE: JFFS and YAFFS don’t have the required size to meet SDXC spec sizes let alown what a new spec could put up. But F2FS does. |
Dec 19 15:22 |
XFaCE |
yeah I think I was thinking of F2FS oiaohm |
Dec 19 15:23 |
XFaCE |
oiaohm: yep, my bad |
Dec 19 15:26 |
XFaCE |
the names can get confusing |
Dec 19 15:26 |
XFaCE |
but yeah I’m using F2FS on my phone |
Dec 19 15:26 |
oiaohm |
I know. Its only that I watch the australian Linux conference videos that I got it right. |
Dec 19 15:26 |
oiaohm |
cubexyz: http://windows.microsoft.com/en-au/windows/lifecycle Read down notice Oct 2016 preinstallation of Windows 7 and windows 8.1 is no longer meant to be performed by Microsoft Profesionals. |
Dec 19 15:28 |
-TechrightsBot-tr/#techrights-windows.microsoft.com | Windows lifecycle fact sheet – Windows Help [ http://ur1.ca/ocp6l ] |
Dec 19 15:28 |
oiaohm |
cubexyz: and “Retail software end of sales ” is the full boxed set editions. |
Dec 19 15:29 |
oiaohm |
cubexyz: mostly the old OS stuff you find in stores is old stock. |
Dec 19 15:30 |
XFaCE |
oiaohm: writing on the wall |
Dec 19 15:30 |
XFaCE |
gentoo for me |
Dec 19 15:30 |
oiaohm |
Debian for me. |
Dec 19 15:30 |
XFaCE |
all the time |
Dec 19 15:30 |
oiaohm |
systemd does not bother me enough to move away from it. |
Dec 19 15:30 |
XFaCE |
the only windows installation will be in an internet-free KVM |
Dec 19 15:30 |
XFaCE |
like studying a virus or bacteria |
Dec 19 15:31 |
oiaohm |
From what I am hearing is the windows 10 upgrade is being deployed by the Windows 7 and 8.1 update system. |
Dec 19 15:32 |
oiaohm |
If that is the case Microsoft can declare it a critical update for Windows 7 and 8.1 so kill support to anything that is not 10. |
Dec 19 15:32 |
XFaCE |
yeah |
Dec 19 15:32 |
XFaCE |
I feel sorry for the Windows 7 users now – every windows update has to be examined |
Dec 19 15:33 |
XFaCE |
I have an ignore list for what it’s worth |
Dec 19 15:33 |
oiaohm |
Windows 10 no ignore list |
Dec 19 15:33 |
oiaohm |
For gernal users. |
Dec 19 15:33 |
XFaCE |
yeah |
Dec 19 15:33 |
XFaCE |
oiaohm: Windows 10 is not for general users |
Dec 19 15:34 |
XFaCE |
or any users |
Dec 19 15:34 |
XFaCE |
as schestowitz would say, it’s for the useds(sic) |
Dec 19 15:34 |
oiaohm |
Only way I can see that I can run Windows 10 is run it inside virtual machine some how. |
Dec 19 15:34 |
XFaCE |
KVM yeah |
Dec 19 15:34 |
XFaCE |
isolated from the rest of the system |
Dec 19 15:34 |
oiaohm |
So I can control its internet access so control its update system |
Dec 19 15:34 |
XFaCE |
oiaohm: there is WSUS |
Dec 19 15:34 |
oiaohm |
WSUS is only for enterprise editions. |
Dec 19 15:35 |
XFaCE |
that program enterprises use to control windows updates to machines |
Dec 19 15:35 |
oiaohm |
That is another change with Windows 10. |
Dec 19 15:35 |
oiaohm |
Windows 7 and 8.1 as long as it was pro you could connect it to WSUS. |
Dec 19 15:35 |
*schestowitz takes notes for later |
Dec 19 15:35 |
XFaCE |
oiaohm: well, there’s always just downloading updates and installing them via cmd script |
Dec 19 15:35 |
XFaCE |
aka the Windows 95 and below way |
Dec 19 15:36 |
oiaohm |
XFaCE: remember Windows 10 auto updates. |
Dec 19 15:36 |
oiaohm |
So internet connection it getting it themselves. |
Dec 19 15:36 |
XFaCE |
hence why the KVM (or equivalent) should have no or tightly regulated internet access |
Dec 19 15:36 |
cubexyz |
it sounds like utter crap |
Dec 19 15:37 |
XFaCE |
pretty much |
Dec 19 15:37 |
XFaCE |
at this point running MS-DOS 10 sounds preferable |
Dec 19 15:37 |
oiaohm |
http://www.wsusoffline.net/docs/ At least wsusoffline supports Windows 10 |
Dec 19 15:38 |
-TechrightsBot-tr/#techrights-www.wsusoffline.net | WSUS Offline Update – Update Microsoft Windows and Office without an Internet connection |
Dec 19 15:38 |
oiaohm |
So you don’t need to give windows 10 internet access to get updates for it. |
Dec 19 15:38 |
XFaCE |
good thought |
Dec 19 15:38 |
XFaCE |
I forgot about WSUSoffline |
Dec 19 15:38 |
oiaohm |
I have worked out that I can perfectly contain Windows 10. |
Dec 19 15:39 |
oiaohm |
Problem is virtualisation stuff like sharing a video card between 2 OS’s is still crap. |
Dec 19 15:39 |
XFaCE |
true |
Dec 19 15:39 |
XFaCE |
I guess Wine would be needed to run those applications |
Dec 19 15:39 |
XFaCE |
graphics-intensive ones |
Dec 19 15:40 |
oiaohm |
Businesses use a lot of applications that don’t run in Wine. |
Dec 19 15:40 |
MinceR |
businesses can afford to have those applications rewritten by people who have a clue |
Dec 19 15:40 |
oiaohm |
MinceR: not exactly so. I wish it could say that. |
Dec 19 15:40 |
cubexyz |
surely is this the total end of microsoft’s dominance though |
Dec 19 15:41 |
cubexyz |
it’s so bad… |
Dec 19 15:41 |
MinceR |
not unless uefi dies |
Dec 19 15:41 |
oiaohm |
MinceR: some applications are forced on companies by stupid governement departments. |
Dec 19 15:41 |
XFaCE |
cubexyz: end of *total* dominance perhaps |
Dec 19 15:41 |
XFaCE |
but not the total end of dominance |
Dec 19 15:41 |
MinceR |
oiaohm: governments can especially afford to have those applications rewritten by people who have a clue |
Dec 19 15:41 |
MinceR |
skip buying hypePads for every MP for one year and it’s funded |
Dec 19 15:41 |
As can be seen above, the discussion went on to a different topic, which is Vista 10. We have been sent the following message from someone who claims that an ‘update’ happened without even consent. To quote: “I am replying on an ASUS laptop computer using Windows 10. At one time it was a backup to my desktop until Windows 10 destroyed itself on my CyberpowerPC. Windows 10 does updates without asking. Having shut down to do a restart, after one update, it could not find itself. That section isthe part that tells Windows what the layout of the machine is. When this happens windows tries again. It is a never-ending loop. Booting to the BIOS and using backup on memory stick, the same error occurs. This turned this powerful gaming machine into a boat anchor.”
Welcome to the world of Microsoft — a world which Microsoft is trying to impose on everybody. And those who reject Windows get sued for patent infringement. █
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11.20.15
Posted in GNU/Linux, Google, Microsoft, Patents, Red Hat at 7:29 am by Dr. Roy Schestowitz
Summary: The reaction of patent profiteers to scope/boundary restrictions, the FRAND lobby by Microsoft’s longtime front group, FRAND matters in Korea (affecting Android), Google’s response to patent threats, and Red Hat still keeping quiet about its patent agreement with Microsoft
THERE is nothing exceptionally surprising in the news today, so we are going to focus on the EPO, which is in a very poor state right now. The management is so frail that the only language it understand is aggression. We shall write several articles about it this afternoon. Before we start, however, here is a potpourri of updates about the patent situation and how it relates to Free/Open Source software (FOSS).
“When they say “patent world” they mean the corners of the world where people pursue patents — those who try to profit from patents without necessarily creating anything.”Patent lawyers’ Web sites are still bemoaning the death of many software patents in the United States (death by Alice). One of the better known ones says that “many software patent holders must feel ─ like they were walking along merrily through the woods when they fell suddenly into a blinding, winding rabbit hole. Where once their patents stood bold and tall, they have now shrunk to a seemingly indefensible size. Whether they can defend their so-called “abstract” patents in court is now as unclear as the Mad Hatter’s riddles. The famed Alice decision has certainly left many in the patent world wondering.”
When they say “patent world” they mean the corners of the world where people pursue patents — those who try to profit from patents without necessarily creating anything.
Remember FRAND lobbying in Europe back in the days (nearly a decade ago)? Well, ACT‘s new face just got mentioned by another who was paid by Microsoft, and also regularly pushes along the FRAND front (against FOSS, relying on Korea at the moment). “ACT | The App Association,” he explained, “has announced a new web resource for innovators, policy-makers, and academics. It’s called All Things FRAND and supported by significant players including Cisco, Intel, and Microsoft. ACT is headquartered in the U.S. but also quite active abroad.”
Well, historically ACT had been little more than a Microsoft lobbyist. Then there is CCIA, which seemingly changed its position after being paid a lot of money by Microsoft. CCIA‘s Matt Levy, who now runs an anti-trolls site, has just released this new video. Don’t expect Levy to criticise CCIA’s funders, which include Microsoft. This monopolist, Microsoft, is acting in ways that resemble patent trolls.
“Well, right now many of the “bad guys” also use FRAND against Android, which Google distributes as Free/Open Source software.”Google, in the mean time, claims to be against patent trolls. As IEEE Spectrum put it some weeks ago: “Google’s Patent Purchase Promotion, which the company says received “thousands” of submissions during a three-week window, may prompt similar experiments in keeping patents out of the hands of what it considers the bad guys of intellectual property.”
Well, right now many of the “bad guys” also use FRAND against Android, which Google distributes as Free/Open Source software.
In other news, we are still pressuring Red Hat to reveal what it did with Microsoft regarding patents. We haven’t forgotten about this and we are not going to give up. The Free/Open Source software world deserves some answers. █
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11.14.15
Posted in Google, Microsoft, Patents, Red Hat, Servers at 12:06 pm by Dr. Roy Schestowitz
On carving out parts of the market using patent monopolies…
“Inventive people [at Novell] write more software patents per capita than anywhere else.”
–Jeff Jaffe, Novell’s CTO before these patents got passed to CPTN (Linux foes)
Summary: The use of a patent portfolio in the Free software world for divisive and discriminatory purposes, as demonstrated by Red Hat in servers and BlackBerry in phones
IN OUR previous articles which mentioned Microsoft’s patent agreement with Red Hat [1, 2, 3, 4, 5, 6, 7, 8, 9] we noted that:
- The patent “standstill” (implies temporary and falsely insinuates there was a two-way war) applies only to Red Hat and its customers, unless Red Hat can prove otherwise;
- The deal does not shield Red Hat and and its customers from satellites of Microsoft.
“We both know we have very different positions on software patents. We weren’t expecting each other to compromise.”
–Paul Cormier, Red HatWell, we are still waiting for Red Hat’s lawyers to speak out (Tiller and Piana were involved in this) or for Red Hat’s management to get back to us (if it decides to). They need to go “open” (like an “Open Organization” [sic]), or at least clarify in some other way what exactly Red Hat did with Microsoft regarding patents. The FAQ is far too vague and it raises more questions than it answers. If we don’t hear some time later this month, we shall assume that Red Hat is hiding something and we’ll rally Free software people (urging them to comment on this subject), set up a public petition, etc. Transparency is extremely important here. This new article quotes Paul Cormier, Red Hat’s president for products and technologies, as saying: “We both know we have very different positions on software patents. We weren’t expecting each other to compromise.”
Well, both are applying for software patents, so it’s not clear what he meant by that. Also, they compromised only among themselves; what about other entities that use the same software as Red Hat does? Are they too enjoying a patent “standstill”? Probably not. Only says ago Microsoft extorted — using patents — yet another company that was using Linux (Android was mentioned in the announcement).
“Nothing prevents Intellectual Ventures from going after Red Hat just like Acacia repeatedly did, so it’s a fool’s settlement.”What has Red Hat really achieved here? It was a selfish deal and the inclusion of patents in it was totally spurious; it does a lot more harm than good. Ian Bruce, Novell’s PR Director, once said that the Novell/Microsoft package “provides IP peace of mind for organizations operating in mixed source environments.”
Meanwhile, the Microsoft-friendly media gives a platform to the world’s biggest patent troll, Intellectual Ventures, without even calling it “patent troll”. This troll recently sued a lot of companies that distributed Linux. Nothing prevents Intellectual Ventures from going after Red Hat just like Acacia repeatedly did, so it’s a fool’s settlement.
“Remember that BlackBerry habitually speaks about using patents for revenue and for market advantage.”Speaking of potential patent dangers to Linux, recall that BlackBerry pays Microsoft for patents (including FAT, which relates to TomTom/Linux) and recall our articles about BlackBerry potentially becoming a troll [1, 2, 3, 4]. Some people’s loyalty to this Canadian brand and its newfound support for Android can blind them to the risk which BlackBerry remains, especially because of its patents stockpile.
This new article [1, 2] serves to remind us that BlackBerry still has “Software And Patent Monetization” in mind (we covered this some weeks ago, quoting the CEO). This means that, failing the strategy with Priv and Venice (BlackBerry’s Android devices and Linux-centric strategy), it could end up like Sony-Ericsson, suing Android players whilst also selling their own (unsuccessful) Android handsets.
“BlackBerry is proprietary to the core.”Remember that BlackBerry habitually speaks about using patents for revenue and for market advantage. Also remember that BlackBerry is not — at least not yet — an Android company. BlackBerry is proprietary to the core. “The QNX division could also face higher competition from open source software such as Linux,” wrote a financial site, “which many customers find more flexible and economical, limiting its potential in the burgeoning IoT and connected device market. For instance, Tesla reportedly uses Linux for its Model S sedan.”
Don’t be too shocked if BlackBerry eventually sells its patents to hostile actors, asserts them against competitors that use Android, or uses aggressive lawyers to compel various OEMs to remove features from their Android devices (both hardware and software features). █
“I’ve heard from Novell sales representatives that Microsoft sales executives have started calling the Suse Linux Enterprise Server coupons “royalty payments”…”
–Matt Asay, April 21st, 2008
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10.31.15
Posted in GNU/Linux, Google, Microsoft, Mono at 4:44 am by Dr. Roy Schestowitz
Forking (to turn Android into a Microsoft common carrier), patent litigation (to threaten zero-cost advantage), and takeovers (to annihilate software freedom)
Summary: A glance at the current situation in the mobile market, where Microsoft has virtually no presence, with focus on how Microsoft is trying to intervene and wrestle with the market leader, Android
THE MOBILE market is a very lucrative one. Not only has it outgrown the desktop (and laptop) market but it also thrives — from a business point of view — because of a huge number of applications which many people pay for. There is a lot of money to be made in mobility, both on the software side and hardware side. Microsoft makes money from neither.
Microsoft tried hard to enter the mobile market but since the Windows Mobile days it barely ever succeeded. Nowadays, Microsoft’s mobile platforms continue to be called off and Microsoft tries to rebrand, most latterly with the Vista 10 label.
“There is a lot of money to be made in mobility, both on the software side and hardware side. Microsoft makes money from neither.”As many of the spendings are gradually moving away from the desktops, the revenues reported by Microsoft decline a great deal and Microsoft even reports losses. Then, financial games (or accounting tricks) are used to make up for it. According to Wall Street media, Microsoft now “raises money to repurchase stock and repay existing debt. It sold its longest portion, a 40-year bond, at a yield that was 1.8 percentage points more than comparable government debt, according to data compiled by Bloomberg. Mead Johnson Nutrition Co. and Dr Pepper Snapple Group Inc. also sold bonds today.”
This is not a sign of health; it’s rather the very opposite. Its due to a rapidly-slipping Windows dominance. Rest assured that Microsoft's force-feeding of Windows will only get worse, as the British media serves to reaffirm, as does the pseudo-British media (US company with co.uk domain and some writers who happen to be British but living abroad). Microsoft’s force-feeding of Vista 10 is painted as quite benign by Microsoft Peter, but most people find it infuriating.
“Microsoft’s force-feeding of Vista 10 is painted as quite benign by Microsoft Peter, but most people find it infuriating.”Going back to the situation in the mobile market, it could, in principle, help Microsoft find reprieve. Apple, for example, isn’t doing so badly, and that’s largely owing to its presence in the mobile market (especially where people have a lot money that they are willing to spend). Microsoft cannot sell mobile devices, hence it is unable to impose its APIs, patents, lock-in etc. on this market. This, in turn, harms Microsoft’s desktop monopoly. Based on new articles such as “Microsoft’s smartphone sales collapse and even Surface feels the pinch” or “Microsoft reports falling revenues, slowing Surface sales in latest quarter”, things won’t change for the better any time soon. To quote one report: “‘Mobile first, cloud first’ is Microsoft’s new mantra, but its fiscal first quarter financial results showed growth in only one of them. Indeed, the mobile hardware business saw its revenues fall by a huge 54% year-on-year, to $1.1bn at constant currency, a sad comedown from the glory days of Nokia, and with gross operating profit of just $100m.”
As readers of ours know by now, Microsoft is now attempting E.E.E. (embrace, extend, extinguish) of the leading mobile platform, Android, which is based on Linux. Microsoft tries to turn an open platform into its own proprietary back yard.
The Microsoft booster Tim Anderson now bashes Free software using a case of a company bought by a Microsoft proxy, Xamarin. To be fair to Anderson, maybe it was the editor’s own bait headline, “RoboVM: Open source? Sorry, it’s not working for us” (well, surely it worked well enough until Xamarin decided to take over because the project thrived and then got acquired).
Microsoft and Xamarin appear to be crushing the freedom of Android, one piece at a time, after Xamarin formally took over RoboVM [1, 2]. To quote from Anderson’s article:
The company, which was recently acquired by Xamarin, used to publish its core compiler under the GPL licence. However, users noticed that the latest published version on GitHub was 1.6, while the product itself is at 1.9.
So they turned from copyleft to proprietary. Xamarin sure is a kiss of death to software freedom. As The VAR Guy put it, “RoboVM has made its mobile app development platform closed-source. Previously, the platform was an open source product licensed under the GNU GPL.”
“Xamarin sure is a kiss of death to software freedom.”Quoting further: “So far, the company has not offered details about exactly what went wrong with its open source model. It has only made general statements about how its open code failed to attract many contributions and apparently made life easier for the company’s competitors.
“It’s also unclear to what extent RoboVM’s recent acquisition by Xamarin may have played a role in the decision to close-source the compiler. But we’re betting the timing was more than a coincidence.”
There was also a report from the Microsoft-connected ‘news’ network, 1105 Media, which contains a lot of details. Given this chronology, which probably serves to indicate time overlap between takeover negotiations and the transition to proprietary, there must have been a correlation. To quote: “The six-employee RoboVM last month announced iOS 9 support in a new release, version 1.8, the final release issued under the open source GPL license. Earlier this month, the company announced updated pricing, and shortly after came news of the Xamarin buyout. One disgruntled developer attributed these events to the company’s decision to revert to a proprietary source code model.”
Here are some other interesting parts:
“Cool,” wrote a poster identified as Carsten in reply to Müller’s message. “Now we understand. You were in talks with Xamarin for a while and one of the requirements was an updated price model (no more free stuff!) and closing down the source. Thanks for translating this process into corporate bs-bingo. Attract people for years with an open source model until you attract enough users and are acquired by the next bigger fish. Then we immediately go from open source feel good to updated pricing, closed source. Genius!”
[...]
“Complaints also abounded on a Reddit thread, and a couple Google Group discussions have sprung up to investigate interest in forking the project to keep it open source…”
Miguel de Icaza and his mates appear to love money a lot more than they love software freedom, so they squeeze this goose, RoboVM, for some golden eggs. In due course this can kill the project’s popularity. Cui bono?
“In due course this can kill the project’s popularity.”To quote someone who commented in LXer, “I have to admit, I’m a little confused. On one hand, Microsoft open-sources some components of the .NET framework, and on the other hand they closed-source a vital tool for some Android developers. I’m still convinced that Microsoft doesn’t care about FOSS or GNU/Linux, or their communities. They’re simply trying to nip a market trend in the bud… they’re competing in a manner that appears collaborative at first glance.
“I think it’s time we took a moment to re-evaluate how we look at corporate entities that offer open-source software, and if they are susceptible to buyouts, whether their projects are viable for the community to invest precious time and effort into. RoboVM would never have been such a huge loss if it had forked from the very beginning and managed by a non-corporate entity. We’ve already decided not to trust MySQL any more because of what Oracle has done to it. Why should we not apply this same decision to several other company-offered projects?”
Here is another comment:
In order to put this into perspective, it is important to keep in the forefront of our minds that we are not talking about some small company out there trying in earnest to make a go of it with a free-software project. We are talking about MICROSOFT.
Of course, we have seen this pattern repeated time and time again:
FEAR:
Oh my, a small company was taken advantage of by those evil free-software developers.
UNCERTAINTY:
Well, is this really Microsoft in action or is it Xamarin or is it RoboVM?
DOUBT:
We are all supposed to wonder now if a business model involving free-software is really a good idea… Doubt, please doubt, everyone.
blah, blah, blah… I am so bored by all these pattern repetitions.
Judging this based on the article from the Microsoft booster at The Register (especially the headline), there is indeed a lot of FUD right now, leading people to questioning of the Free software business models. Again, cui bono? █
“Gates is trying to make sure that he has a proprietary position in controlling the tools that allow you and me to access information. And that’s profitable by definition. How would you like to own the printing press?”
–PaineWebber Media Analyst Christopher Dixon
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10.30.15
Posted in GNU/Linux, Google, GPL at 2:58 am by Dr. Roy Schestowitz
Microsoft’s war on Android surely a benefactor here
Summary: An essential Android tool, RoboVM, turns into proprietary software just shortly after Xamarin, which is financially assisted by Microsoft veterans, takes over it; time to fork?
LAST WEEK we wrote about Xamarin‘s disturbing takeover of RoboVM [1, 2], which was a threat to Microsoft’s monopoly and domination of APIs (especially on the desktop). Xamarin, for the uninitiated, creates proprietary software that strives to spread Microsoft’s .NET to mobile (including Android) devices.
“Following RoboVM’s acquisition by Xamarin, the company has raised the price of their offering and has closed the source code.”
–Abel AvramIt has only been less than a week and now we learn from Abel Avram that “RoboVM Is No Longer Open Source”.
“Following RoboVM’s acquisition by Xamarin,” explains Avram, “the company has raised the price of their offering and has closed the source code.”
“The community has wondered what would happen to RoboVM now that they have been acquired by Xamarin,” Avram noted. Well, now we know. Bye bye, community.
To quote further: “RoboVM is no longer providing the source code except to enterprise customers. [...] Several RoboVM components used to be made available under the Apache 2.0 license while the compiler was open sourced under the GPL license.”
It has gotten so bad that RoboVM might be forked. To quote Avram, “some developers consider that closing down the source code has to do with Xamarin’s acquisition. And some are discussing forking the project, perhaps starting with the sources v. 1.8 which will be pushed to GitHub this week, according to Zechner. It remains to see how successful they are in their endeavor considering that RoboVM is not a trivial piece of software.”
Xamarin and Mono were never about Free software and GNU/Linux; they were just a parasite trying to exploit Free software and GNU/Linux to spread .NET and now they serve to convert Free software into proprietary. Microsoft must love what Miguel de Icaza has been up to recently. █
“At Microsoft I learned the truth about ActiveX and COM and I got very interested in it inmediately [sic].”
–Miguel de Icaza
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10.24.15
Posted in GNU/Linux, Google, Microsoft, Mono at 12:26 pm by Dr. Roy Schestowitz
It sure looks like E.E.E.
![Miguel de Icaza and other Microsoft MVPs Miguel de Icaza and other Microsoft MVPs](/wp-content/uploads/2010/03/Miguel-de-Icaza-Microsoft.jpg)
Miguel de Icaza with his friends from Microsoft
Summary: Further analysis of the news about RoboVM, which got taken over by a Microsoft-connected company (one might say offshoot or proxy), funded in part by Microsoft money
MICROSOFT’S WAR against the Linux-powered Android platform is well under way, currently descending into the 'extend' phase in E.E.E. against Free/libre software and against GNU/Linux. Readers of Microsoft puff pieces don’t agree with what Microsoft is saying and people at LXer recognise this strategy even from a great distance (see for example “Microsoft’s Death Embrace”). Recall what Microsoft did to Nokia and do not assume that a top contributor to Linux (which Nokia once was) will stay this way after Microsoft moles somehow manage to enter. Elop had destroyed companies before he entered Nokia and Miguel de Icaza had derailed Novell before he became a lot more closely connected to Microsoft, even working for Microsoft.
Yesterday we wrote about Xamarin‘s takeover of RoboVM (with money that came in part from Microsoft veterans). Tim Anderson oddly enough suggests that:
It may not be so welcome to Microsoft, if in the long term it dilutes the focus on C#, which has made Xamarin a key partner.
That’s assuming that the RoboVM-derived/produced work (including users of RoboVM’s products) won’t be diverted away to .NET, rather than be preserved in its current (and formerly independent) form. Perhaps it remains to be seen what Xamarin makes of RoboVM, but judging by the track record of de Icaza, the folks at RoboVM, living across the border from Nokia, may have just let in an ‘Elop’.
“It has happened before, so it can happen again; Microsoft takes great in the strategy of befriending the competition in an effort to betray and eventually kill it.”The news of the buyout (copies of the press release aside [1, 2, 3]) was covered mostly by Microsoft boosters, Microsoft-connected ‘news’ sites (multiple copies even), Microsoft apologists, and RoboVM itself. It’s almost as though the only parties interested in this are Microsoft, the acquiring party (with some funds from Microsoft veterans), and the acquired party. These are all the articles I was able to find when searching the Web. The interested parties are clear to see here. Google has absolutely nothing to gain from this.
In Xamarin’s forums Joseph Hill has said in relation to this takeover that “C# is a beautiful, advanced language with an incredibly large and passionate developer base that is continuing to adopt Xamarin in large and growing numbers.” My instinct tells me that this is part of Microsoft’s E.E.E. against Android and other mobile platforms. It has happened before, so it can happen again; Microsoft takes great in the strategy of befriending the competition in an effort to betray and eventually kill it. █
“We need to slaughter Novell before they get stronger….If you’re going to kill someone, there isn’t much reason to get all worked up about it and angry. You just pull the trigger. Any discussions beforehand are a waste of time. We need to smile at Novell while we pull the trigger.”
–Jim Allchin, Microsoft’s Platform Group Vice President
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10.23.15
Posted in Google, Microsoft, Mono at 9:06 am by Dr. Roy Schestowitz
![Android and Microsoft](http://techrights.org/wp-content/uploads/2015/04/android-microsoft.png)
Image from Android Beat
Summary: Our interpretation of the Xamarin-RoboVM news, especially in light of reports that Microsoft is trying to fork (wrest control of) Android
SOMETHING disappointing but nonetheless expected is happening these days. More and more media reports about Microsoft's intrusive and subversive strategy against Android (see [1] below for the latest on it) serve to suggest that our concerns are becoming ever more justified. There are many articles alluding to “forking” of Android by Microsoft (for example, “Is Microsoft Creating Its Own Android Fork?”). This is a subject that we wrote nearly a dozen articles about (especially during summer when Microsoft partnered with Cyanogen), but what about Xamarin? Half a decade ago we used to write many articles about Mono’s assault on Android (trying to shove .NET down this bot’s throat). With its strong Java roots (Oracle’s fury notwithstanding), hence the popularisation of Microsoft’s and .NET’s archenemy, Java (or Google’s derived APIs that upset Oracle so much), Android must be a real pain and an existential danger to the Microsoft monoculture.
“…Java, which sort of runs on Android in the form of Dalvik (on top of Linux), will be more tightly controlled by a company connected to Microsoft.”Miguel de Icaza‘s Xamarin, which is partly funded by Microsoft veterans and now strives to spread .NET in the form of Mono to Android (the world’s most dominant operating system at the moment), has reportedly bought RoboVM. As Phoronix put it the other day:
RoboVM specializes in creating native iOS apps within Java as a way to share apps/projects between iOS and Android while having a native user experience and performance. Xamarin has bought out RoboVM to better position themselves as a cross-platform mobile development company for C# and Java, per today’s press release. RoboVM is basically to Java for mobile as Xamarin is to C# with Mono.
In other words, Java, which sort of runs on Android in the form of Dalvik (on top of Linux), will be more tightly controlled by a company connected to Microsoft. “Embrace, Extend, Extinguish” springs to mind. How will the frameworks be bridged? Either way, this gives Microsoft a lot more leverage over Android. █
Related/contextual items from the news:
-
Microsoft chief experience officer Julie Larson Green recently made a statement that got some people thinking that the company, once known as a hulking titan that likes to crush out the competition instead of working with them as partners, is looking to develop its own version of Android. Although Green did not exactly share details of Microsoft’s plans, she did not categorically deny it either.
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