06.27.16
Posted in Apple, Europe, Microsoft, Novell, Oracle, Patents at 9:10 am by Dr. Roy Schestowitz
A weak and/or incompetent EPO would harm everyone in the world
Summary: A short story about how and why we ended up writing so much about the European Patent Office (EPO) and the impact beyond Europe
THE EPO has become a subject of considerable debate and focus here. It started around 2014 after we had primarily focused on the US patent system, the USPTO.
For those who have not been reading the site since its inception, here is a short introduction.
I had been a GNU/Linux advocate well before this site existed and an opponent of software patents (not patents as a whole) for a little longer than that. People who have themselves developed software don’t find it difficult to understand why copyrights, not patents, are suitable protection for one’s work (protection from plagiarism, misuse, misattribution, and so on).
The earliest goal of the site, back almost 10 years ago, was to end the software patents assault by Microsoft against GNU/Linux and Free software in general — an assault which began if not publicly culminated with the Microsoft/Novell patent deal. Novell took several years to decline after this deal and ultimately, unsurprisingly, Microsoft grabbed Novell’s own software patents, in a joint takeover along with Apple, Oracle, etc. These companies do not want Linux and Android to succeed, not without them being heavily taxed by the proprietary software oligopoly (Microsoft, Apple and Oracle still have ongoing patent/copyright fights against Android).
Apple’s attack on Linux (through Android) officially began in 2010, whereupon we wrote a great deal about Apple and shortly afterwards Oracle joined this war. It had already shown some hostility towards Red Hat, just shortly before the Microsoft/Novell deal in 2006.
For those who are not yet seeing a pattern, let it be spelled out clearly; the rise of Free software and GNU/Linux gave power to new actors such as Google, which made proper use of Free software in order to build back- and front-end stacks (databases, operating systems, AI, Web servers and so on). This meant that gadgets-selling giants, database giants, operating systems giants/monopolies etc. that were and still are proprietary (e.g. iOS, Mac OS X, Oracle, Windows) needed to either crash/crush emergent forces or tax them, using either patents or copyrights (this goes back to 2003 with the Microsoft-backed SCO assault on Linux).
Right now, in 2016, the aforementioned issues are unresolved. Microsoft is still attacking Linux (but more cleverly, with shrewdly-worded announcements that brand/frame patent settlements as bundling deals), Apple still has several patent cases against Android OEMs, and Oracle refuses to give up even after 6 years in the courtroom (against Android through Google). The cause of utmost importance here deals not only with software patents anymore but also with some design patents (Apple v Samsung) and copyright on APIs (Oracle v Google).
About 8 years ago we expressed concerns about software patents in Europe due to FRAND lobbying (from companies like Microsoft) and Brimelow’s loophole “as such”. We thereafter didn’t keep a close eye on the EPO for quite some time. Not much seemed to happen, but new kinds of abuses started to emerge and these seemed to be related to the resurrection of the “EU patent” or “community patent”, this time under a new kind of name and marketing (equating maximalism with union, unity, universality etc.) accompanied by/with repression of staff and suppression of critics. Even the staff union of the EPO, which had existed for several decades, came under unprecedented (even outside the EPO) attacks.
The reason we now focus a great deal on the EPO is that we have reasonably good understanding of the matters involved. We also have many articles on the subject, which helps us create a cohesive story with a lot of cross-referencing. Our goal now is to help other people (EPO insiders as well as politicians who are outsiders) gain an equally good understanding of why the EPO’s management must be chopped laterally and replaced en masse. It is the only way to save the EPO right now. Delegates that make up the Administrative Council probably have a good grip on the current situation, but they are afraid (or tied up by Battistelli’s hand on the budget), so they are not likely to do anything. The EPO needs somewhat of a revolution and strikes/demonstrations are steps towards that.
In the coming days we shall have a lot to write about the EPO and we will devote plenty of time and resources to ensure this historic period in the EPO is properly documented. We welcome feedback from readers and we hope that new material will continue to flow in. Now that everyone in the UK (and increasingly beyond) talks about “Brexit” it looks like Battistelli will definitely fail to deliver on his promises. He will be remembered not as a pioneer manager who compromised the rule of law for some ‘necessary’ reform but as a ruthless tyrant that shattered the EPO’s reputation for many years if not decades to come.
The EPO will outlive Battistelli and it is everyone’s job, especially at the EPO, to fight for patent quality (i.e. defy Battistelli’s ‘productivity’ obsession or lunacy). Remember that patent offices live or die (or make or break if not perish) based on the value or perceived value of their granted patents, i.e. examination that increases certainty in a court of law. Being an ENA graduate, Battistelli perhaps hopes that his predecessor will be left to deal with the aftermath of his atrocious policies (brain drain, low patent quality, reputation problems). Then the blame might be misplaced. A retired Battistelli would have little or nothing to worry about, but what about patent examiners who are far from retirement? How about retired examiners whose pension will be at risk? Given some upcoming Battistelli ‘reforms’, many people’s pensions are already at risk. This is just bad for Europe’s competitiveness across many sectors (medicine, chemistry, physics, telecommunication and many more). As patents get granted and assigned not just to European applicants (only the employees of the EPO are European), this may also means innovation will happen in the courts (lawyers’ strategies with patent trolls) rather than in the laboratories. Patent monopolies that are granted for the sake of being granted (artificially elevating some measure of EPO ‘output’) rather than to promote innovation can retard human progress as a whole. █
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04.27.16
Posted in GNU/Linux, Microsoft, Novell, Rumour, Ubuntu at 7:42 pm by Dr. Roy Schestowitz
English/Original
Article as ODF
Publicado en GNU/Linux, Microsoft, Novell, Rumour, Ubuntu at 6:48 am por el Dr. Roy Schestowitz
“Microsoft está coercionando a la gente a pagarle por patentes, pero no menciónan cuales. Si un tipo entra a una tienda y dice: “No es un barrio seguro, porque no me pagas 20 dólares y me aseguraré de que nada te pase,” eso es ilegal. Es chantaje.”
–Mark Shuttleworth
Summary: Teniendo en cuenta los últimos movimientos de Canonical, algunos expertos piensan que es posible que Shuttleworth elija el dinero a Microsoft sobre principios sino también inste para que esto ocurra
DESPUÉS de evitar a los medios de comunicación durante semanas o incluso meses (Googlebombing “Linux” en las noticias) y chantajeando compañías de Linux utilizando patentes de software (por paquetes, no sólo los pagos), mientras que cabildea por unas patentes de software más fuertes que crecen cada vez más preocupados en la fase del “abrazo” (como en EEE) continúa hacia la siguiente “extender”. Microsoft ya está pagando a Canonical (esperen que Shuttleworth no se atreve a decir nada negativo de Microsoft) y devore Ubuntu, al igual que lo hizo con Novell con Hyper-V (encerrándo a GNU/Linux en una cárcel de propiedad de Microsoft).
“Microsoft ya está pagando a Canonical (esperen que Shuttleworth no se atreve a decir nada negativo de Microsoft) y devore Ubuntu, al igual que lo hizo con Novell con Hyper-V (encerrándo a GNU/Linux en una cárcel de propiedad de Microsoft).”
A partir de esta semana, sacando a luz la gran mentira (“Microsoft ama Linux”), Janakiram MSV desde el 1% ‘media/boquilla (waripolera de Bill Gates) dice que “la estrategia de código abierto de Microsoft esta incompleta sin esta adquisición” (alude a Canónical).
“Para hacer el caso más fuerte, aquí están algunas de las razones por las que Microsoft debería considerar la adquisición de Canonical”, escribió. Como Susan Linton puso esta mañana: “Cuando la Microsoft y Canonical nueva relación amistosa todavía está en la mente de muchos, Janakiram MSV aseguró que” hoy la estrategia de código abierto de Microsoft es incompleta “sin ellos. Dijo Microsoft está tratando de cambiar su imagen lejos de ser sólo para Windows, sólo tiene sentido comprar Canonical. Ubuntu tiene millones de usuarios y “. Un ejército de desarrolladores y administradores de sistemas” Aparte de la gente, Canonical viene con LXD, Snappy Ubuntu Core y Juju – todas las cosas que podrían hacer más competitivo Microsoft en el Cloud y IT. Para Janakiram, no hay inconvenientes para Microsoft.”
“No es impensable que Microsoft por lo menos atente comprar a Canonical.”
Hace dos años hemos escuchado posts como “¿Por qué Microsoft debería comprar Canónical?” y el año pasado hubo rumores en ese sentido.
No es impensable que Microsoft podría al menos tratar de comprar Canonical. Ya intentó la contratar (caza furtiva) administrador de la comunidad de Canonical de Ubuntu (este, con coraje que saludamos se negó). Pero ¿el señor Shuttleworth vendería más de lo que ya lo ha hecho? Shuttleworth dejó algunos comentarios aquí en los días después de haber comprado licencias de códecs (por las patentes de software) de Microsoft. Eso fue hace 8 años.
“Eso es extorsión y deberíamos llamarlo como lo es. Decir, como Ballmer dijo, que hay un no publico balance de liabilidad, eso simplemente es extorsión y deberíamos rechazar dejar arrastrárnos a ese juego.”
–Mark Shuttleworth
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04.26.16
Posted in GNU/Linux, Microsoft, Novell, Rumour, Ubuntu at 6:48 am by Dr. Roy Schestowitz
“Microsoft is asking people to pay them for patents, but they won’t say which ones. If a guy walks into a shop and says: “It’s an unsafe neighbourhood, why don’t you pay me 20 bucks and I’ll make sure you’re okay,” that’s illegal. It’s racketeering.”
–Mark Shuttleworth
Summary: Taking some of Canonical’s recent moves into account, some pundits not only think it’s possible for Shuttleworth to choose Microsoft money over principles but also urge for this to happen
AFTER gaming the media for weeks if not months (googlebombing “Linux” in the news) and blackmailing Linux companies using software patents (for bundling, not just payments) while lobbying for a stronger software patents impact we grow increasingly concerned that the “embrace” phase (as in E.E.E.) is moving forward to “extend”. Microsoft is already paying Canonical (expect Shuttleworth to dare not say anything negative about Microsoft) and devouring Ubuntu, just like Novell with Hyper-V (enclosing GNU/Linux in a proprietary jail of Microsoft).
“Microsoft is already paying Canonical (expect Shuttleworth to dare not say anything negative about Microsoft) and devouring Ubuntu, just like Novell with Hyper-V (enclosing GNU/Linux in a proprietary jail of Microsoft).”Starting this week, sporting the big lie (“Microsoft loves Linux”), Janakiram MSV from the 1%’s media/mouthpiece (Bill Gates’ cheerleader) says that “Microsoft’s Open Source Strategy Is Incomplete Without This Acquisition” (he alludes to Canonical).
“To make the case stronger, here are a few reasons why Microsoft should consider acquiring Canonical,” he wrote. As Susan Linton put it this morning: “With Microsoft and Canonical’s new chummy relationship still on the minds of many, Janakiram MSV today said “Microsoft’s Open Source strategy is incompletely” without them. He said with Microsoft trying to change their image away from being Windows-only, it only makes sense to buy Canonical. Ubuntu has millions of users and “an army of developers and system administrators.” Besides people, Canonical comes with LXD, Snappy Ubuntu Core, and Juju – all things that could make Microsoft more competitive in the cloud and IoT. To Janakiram, there are no downsides for Microsoft.”
“It’s not unthinkable that Microsoft would at least attempt to buy Canonical.”Two years ago we heard of posts like “Why Microsoft should buy Canonical” and last year there were rumours to that effect.
It’s not unthinkable that Microsoft would at least attempt to buy Canonical. It already tried hiring (poaching) Canonical’s community manager for Ubuntu (he declined). But would Mr. Shuttleworth sell out more than he already does? Mr. Shuttleworth left some comments here back in the days after he had bought codec licences (for software patents) from Microsoft. That was 8 years ago. █
“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”
–Mark Shuttleworth
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02.28.16
Posted in Microsoft, Mono, Novell at 7:38 pm by Dr. Roy Schestowitz
“Now [Novell is] little better than a branch of Microsoft”
–LinuxToday Managing Editor
Summary: A longer and more detailed analysis of Microsoft’s official takeover of the Mono team (and by extension a so-called ‘company’, whose finances are secret but are linkable back to Microsoft through Ignition Partners)
THERE is a sense of relief now that Microsoft has ‘collected’ its moles; they’re back home (or at the ‘base’) where they belong. Our latest post on this matter (we covered it shortly after this became publicly known, hence composed in somewhat of a rush) is quite a few days old. That post, which focused on Xamarin‘s role and duties for Microsoft, was a little tongue-in-cheek, and it probably lacked context which those who are unfamiliar with these matters may truly need.
“After Novell had purchased Ximian this move was characterised by a Novell executive as a “red carpet” (to a Microsoft deal).”Techrights has spent nearly a decade writing about Novell, which was the previous incubator or ‘host’ (in a sort of embryonic sense) of Mono (see this Wiki page for a detailed chronology). After Novell had purchased Ximian this move was characterised by a Novell executive as a “red carpet” (to a Microsoft deal). See this complete transcript from 10 years ago. A lot of people don’t remember this; nor do they remember the significant role which Miguel de Icaza personally played in Microsoft and Novell coming to their patent deal — a subject which we wrote about many times before (de Icaza’s role was noted by Novell dissenters almost a decade ago).
Michael Meeks (formerly of Novell) wrote the other day: “Pleased to see Miguel & Nat exit to Microsoft” (direct quote).
“It’s like both of them were engaged to Microsoft for a decade but only officially celebrated in a wedding ceremony (and tied the knot as the saying goes) last week.”Nat had worked for Microsoft before he worked for Novell and Miguel too had visited Microsoft and loved them. For Meeks, as their former colleague (at Novell), it’s easy to sympathise, but did they ever “exit”? They were always there. They have only just made it official. It’s like both of them were engaged to Microsoft for a decade but only officially celebrated in a wedding ceremony (and tied the knot as the saying goes) last week.
The news about Microsoft buying Xamarin was mostly covered by the Microsoft side and Microsoft boosters, not FOSS or GNU/Linux sites. This in itself is rather telling and revealing. Oh, how things have changed! Here’s Microsoft’s Mouth and the Microsoft-friendly Tim Anderson covering this, the latter noting: “Remember the Nokia devices acquisition? That went well. Not”
“Microsoft now intends to use Xamarin to further its E.E.E. (embrace, extend, extinguish) agenda inside Android.”Nokia was another case of Microsoft moles, notably Elop. It was designed to tear apart Linux and Nokia.
Microsoft now intends to use Xamarin to further its E.E.E. (embrace, extend, extinguish) agenda inside Android. Why? Because other such efforts, including the Cyanogen plan, are evidently failing. There’s no headway. As Anderson put it in a separate article:
Microsoft has officially scrapped its Android to Windows 10 bridge, codenamed Astoria, but is forging ahead with its Objective C Windows compiler and tools for porting iOS applications.
The Android announcement was expected, as the project was apparently abandoned some months back, but the new post from Windows Developer Platform VP Kevin Gallo adds some background.
Right now Microsoft uses Miguel de Icaza to make developers defect to Windows. When Xamarin was its own company, backed by people from Microsoft, it didn’t quite work out. People — and developers in particular — just weren’t foolish enough. “De Icaza told me in the past that he’s rich,” Stephane Rodriguez told us 9 years ago, so we know that Microsoft pays such moles enough to make them do almost anything. Xamarin was an attempt to infiltrate the development world on behalf of Microsoft. Based on lack of press coverage, we very much doubt it was financially sustainable without all the VC money from Microsoft folks, who were understandably trying to keep it afloat.
“Right now Microsoft uses Miguel de Icaza to make developers defect to Windows.”Overlapping the announcement of the Xamarin takeover was this important news covered in articles such as “Microsoft confirms: Android-on-Windows Astoria tech is gone”, “Microsoft’s plan to port Android apps to Windows is dead”, “Microsoft Confirms Android-To-Windows Tool ‘Project Astoria’ Is Dead”, and “Microsoft is ditching Android app ports for Windows Phone”.
Miguel de Icaza was perhaps Microsoft’s Plan B, much like Elop inside Nokia. As one Microsoft apologist put it the other day (in his headline), “Microsoft: Use Xamarin to port Android apps to Windows” (sounds like the same thing as above, except the above just got axed).
“Miguel de Icaza was perhaps Microsoft’s Plan B, much like Elop inside Nokia.”Microsoft propagandists such as Simon Bisson sure are happy for Miguel de Icaza and other Microsoft saboteurs, whose goal wasn’t to help either GNU/Linux or Free software but to advance Microsoft’s interests and financial gain. “Embrace, extend, eat” is how this article from The Register summed it up (in its seminal report about the takeover). “Strangely patents were not mentioned,” iophk wrote to us, alluding to this analogous report from Wired. To quote: “Given the number of startups that have been purchased by larger companies primarily for their engineering talent, not their products—a strategy called “acquihiring”—developers may worry that Xamarin’s technology could go away after this acquisition. Microsoft insists this isn’t the case. “This is definitely not an acquihire,” says Scott Guthrie, the executive vice president of the Microsoft’s cloud and enterprise group. “There are more than 300 people on the Xamarin team. We very much view this acquisition as an opportunity to take what they’ve built and make it a core part of our strategy.””
It seems quote possible that Microsoft is just “acquihiring” in this case, as we noted in our first post about it. However, let’s not forget that VC money for Xamarin came from former Microsoft staff (Ignition Partners), so if anyone pockets the money here, then it’s them (that’s like Microsoft giving money back… to Microsoft people). Groomed by Microsoft for over a decade, Xamarin is probably the last incarnation of what was Ximian, then Novell, and later Xamarin. Now it’s called what it really is: Microsoft.
“We were right about Mono, Miguel de Icaza, and Xamarin, just as we were right about Novell and Nokia in the patent sense.”According to this report from the New YoRk Times, “Microsoft announced on Wednesday that it was buying Xamarin, a company that helps software developers write applications for mobile devices. The price was not disclosed, but is believed to be more than $300 million.”
As we often point out here, many of these figures are bogus. They’re more like accounting tricks that make both the buyer and the acquired entity look bigger than they really are; it surely fools an already-gullible media when sometimes all that happens is that shares move from place to place, i.e. no money exchanges hands at all.
“Microsoft came first; what’s why he was pushed away by FOSS people.”All in all, the whole thing proves we were right all along. We were right about Mono, Miguel de Icaza, and Xamarin, just as we were right about Novell and Nokia in the patent sense. Miguel de Icaza has, consistently over the years, served Microsoft’s agenda and now it’s payday again. He hardly ever truly worked for FOSS; Now he’s a Microsoft employee. Miguel de Icaza turned to Microsoft not because FOSS people pushed him away. Microsoft came first; what’s why he was pushed away by FOSS people. Bruce Byfield, a longtime Novell (and Mono) apologist, gets it all in reverse in his analysis which begins thusly:
Just before I settled down to write today, I read that Microsoft had acquired Xamarin, the company founded by Miguel de Icaza and Nat Friedman. To many, the news is the logical end to a story that has been unfolding for years now, and if the first cries of, “Traitors!” have not appeared on blogs and articles, then I expect they are only a matter of time.
Perhaps Byfield can finally admit that it was us who were right all along, not him. On de Icaza, one person told me the other day: “I remember him back in ‘the day’ on IRC. he was always considered a crazy compromizer.”
“In summary, Miguel gets money from Microsoft. Again.”He was always like that. He didn’t just magically turn out that way. In fact, a lot of this started when he tried to get hired by Microsoft, way back in the 1990s.
A decent article by Steven J. Vaughan-Nichols (SJVN) says: “In 2011, Attachmate laid off the Mono team. De Icaza then founded Xamarin with an eventual total of $82-million in venture capital to give it a home.”
“The future of APIs, patents and mobile-centric operating systems is at stake now.”Well, money from Microsoft veterans/retirees (for the most part). It was pretty much back then that Microsoft ‘bought’ de Icaza; it just left him as peripheral/external because it’s easier to use him as a proxy or mole that way.
In summary, Miguel gets money from Microsoft. Again. E.E.E. didn’t work out this time around, but Miguel had his safety net. Now his salaries will come directly from his longtime boss (at Novell too a lot of the money came from Microsoft).
This post is not a personal attack. But since many people out there are too timid to mention names and say things as they see them, someone probably has to. Anything else is self-censorship.
If any of the above is not accurate or not correct, please point out specifically what it is. We welcome an open debate on this. The future of APIs, patents and mobile-centric operating systems is at stake now. █
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01.01.16
Posted in Microsoft, Novell, Patents at 9:22 pm by Dr. Roy Schestowitz
The patent ploy of Microsoft and Novell isn’t quite bearing fruit
Summary: The Microsoft-led CPTN now has Novell’s software patents, so the Microsoft-Novell-SUSE deal has officially come to an end, and there’s no sign of it ever continuing, with or without patents
WHEN Microsoft signed a 5-year deal with SUSE we called for/asked our readers to boycott SUSE. This deal has just officially come to an end, as we noted yesterday. Now, to be frank, there is not much to be said about it as two articles by Sam Varghese explored this subject a couple of months ago [1, 2] and this deal does not appear to have much to do with patents, so we don’t need to worry too much.
“So much for relying on Microsoft as a ‘partner’…”
–The deal was signed in 2011. An article from around that time took note of CPTN, saying: “In fact, it is so much money that it’s fair to argue that Novell would have imploded without the Microsoft cash injections and sold for a lot less money than the $2.2bn that Attachmate paid to get control of it. (The net cost to Attachmate was less than half of that, however, thanks to the cash Novell had on hand and another $450m that a consortium led by Microsoft paid for 880 of Novell’s patents.)”
What’s interesting here is that SUSE is no longer so ‘special’ a child in Microsoft’s eyes. So much for relying on Microsoft as a ‘partner’… █
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12.31.15
Posted in Corel, Courtroom, EFF, GNU/Linux, Microsoft, Novell, Patents at 11:29 am by Dr. Roy Schestowitz
The ‘new’ Microsoft…
Satya Ballmer: different face, same strategy/policy
Summary: Microsoft continues its vicious patent war on anything resembling competition (however small), even the competition against which Microsoft previously committed competition abuses/crimes (subject of court cases) in order to attain total monopoly
MICROSOFT, which is connected to many patent trolls (including Intellectual Ventures, the world’s biggest), is still busy suing companies. Microsoft has a long history of patent aggression, including patent litigation against Linux (not just threats thereof). As longtime readers of this site may know, this and only this was the raison d’être of this Web site.
“…since winning a case for infringement of design patents can lead to a damage analysis based on “lost profits,” which can theoretically lead to a patent owner getting all of a defendant’s profits.”
–Joe MullinAs we noted the other day, referring to the original from the EFF, Microsoft is now attacking a company that once dominated word processing. Microsoft allegedly engaged in competition crimes against this company, leading to decades of expensive litigation. This company also pioneered some important GNU/Linux efforts until Microsoft shut these down with a mysterious deal (which we wrote about on several occasions around 2007). Well, Microsoft is now trying to drive this company into bankruptcy, using patents.
What’s the name of this company? Corel. We have a whole category about Corel (with 51 articles, as well as leaked court documents). History is important here and it’s imperative that people properly study Corel to truly grasp how severe this situation really is.
Microsoft is now attacking Corel with what the EFF calls “Stupid Patent of the Month”. As noted by one good journalist (Joe Mullin), “it’s serious ammo, since winning a case for infringement of design patents can lead to a damage analysis based on “lost profits,” which can theoretically lead to a patent owner getting all of a defendant’s profits.”
“Remember the company called Novell? Yes, that company that pretty much vanished half a decade ago and whose patent/special deal with Microsoft (SUSE) will expire tomorrow (there are no signs of renewal or continuation).”In other words, expect layoffs, liquidation, bankruptcy, etc. Legal fees aren’t low, either. Remember the company called Novell? Yes, that company that pretty much vanished half a decade ago and whose patent/special deal with Microsoft (SUSE) will expire tomorrow (there are no signs of renewal or continuation). Other than the name being similar, Novell and Corel have a lot in common because both competed against Microsoft until signing some infamous deals with Microsoft, leading to their demise, as well as the demise of their ongoing court cases against Microsoft (for competition abuses/crimes). When Novell imploded Microsoft grabbed its patents. Sweet deal for Microsoft. Novell is virtually gone (devoured by another company) and its patents are in CPTN, which is a ‘conglomerate’ pool of Linux and Android foes such as Oracle and Apple.
“Microsoft is now using patents primarily against Android, which the company is at war against (don’t believe the pretenses and the “loves Linux” baloney).”We quite liked how Glyn Moody framed the situation in his article “If Microsoft Wins Its ‘Stupid Patent Of The Month’ Lawsuit, Expect A Plague Of Trolls To Move Into Design Patents”.
As if Microsoft itself is not somewhat of a massive troll itself (we wrote a lot about this before). Just look what the company has been doing with patents this past decade. “The recent Techdirt article about Microsoft’s design patent on a slider,” Moody wrote, “understandably focused on the absurdity of companies being forced to hand over all of the profits that derive from a product if it is found to have infringed on someone else’s design patent even in just a tiny portion of that product. But there’s another angle worth mentioning here that picks up on something Techdirt has written about several times before: the rise and threat of patent thickets. Back in 2012, it was estimated that 250,000 active patents impacted smartphones. That makes it impossible to build devices without licensing large numbers of patents, and even then, it’s likely that claims of infringement will still be brought.”
Microsoft is now using patents primarily against Android, which the company is at war against (don’t believe the pretenses and the "loves Linux" baloney).
“The EPO’s lawyers who currently deal with my case were also recently seen working from the same side as Microsoft on the patent front, based on Reuters.”Here is another new article about Microsoft’s “Stupid Patent of the Month”. “The design patent,” says Softpedia, “numbered D554,140, basically states that Microsoft is the owner of the slider you can see in the photo attached to the article. This is the very same slider that the company uses in its Office productivity suite to allow users to zoom in or out of documents, but it has also been implemented in a wide variety of Microsoft and non-Microsoft products.”
But when patent examiners are pressured to issue patents in bulk and/or do a rushed job (as in the EPO for example, with Microsoft being on the high-priority list), no wonder such nonsense gets granted, leaving European courts to sort out the mess at a huge expense to the defendants. It is worth noting again that only articles of mine which mentioned Microsoft were even the target of threatening legal letters from the EPO’s lawyers, which gives room for speculation. The EPO’s lawyers who currently deal with my case were also recently seen working from the same side as Microsoft on the patent front, based on Reuters. █
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11.18.15
Posted in GNU/Linux, Microsoft, Mono, Novell at 9:35 am by Dr. Roy Schestowitz
via Wikipedia but with the GIMP treatment
Summary: The de facto Microsoft satellite known as Xamarin reveals that it is still little more than a Microsoft mobile division
LAST MONTH we wrote about Xamarin‘s absorption of a FOSS Android tool, which quickly turned proprietary (almost instantaneously while takeover negotiations took place). Xamarin Studio, like a lot of Xamarin’s proprietary software, does nor even run on GNU/Linux. There is hardly any pretence anymore that Miguel de Icaza and his Microsoft-connected ilk even care about FOSS. These traitors show their true colours and disdain for anything FOSS.
“There is hardly any pretence anymore that Miguel de Icaza and his Microsoft-connected ilk even care about FOSS.”According to Microsoft's booster at El Reg (Anderson), the latest release from Xamarin still has no Java, just Microsoft lock-in like .NET, XAML, etc. To quote his piece:
Xamarin releases version 4.0 of its cross-platform mobile developer suite
[...]
The company has grown rapidly, since it solves a problem for Microsoft-platform developers who now need to target mobile, especially following the failure of Windows Phone to achieve significant market share. “We have over 10,000 customers, 350 consulting partners and 2,000 integration partners,” Friedman told the Reg.
When will everyone recognise that the real motivation at Xamarin is serving as some kind of Microsoft satellite or proxy? Nothing good has come of Xamarin since Novell dumped (laid off all the employees of) Mono and a firm/VC connected to Microsoft became its sugar daddy. █
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11.16.15
Posted in Microsoft, Novell, Patents, Red Hat at 5:18 pm by Dr. Roy Schestowitz
Systemd to be used for technical and support leverage in the same way Mono was?
Credit: unknown (Twitter)
Summary: Red Hat’s current management, which technically liaises (more deeply over time) with Microsoft, agrees on patents, works with the NSA, and increasingly deviates from the UNIX way (while becoming more secretive, except the openwashing), inevitably reminds us of Novell
Microsoft and the board- or shareholders-driven Red Hat now seem more and more like Microsoft and Novell, based on some of the latest reports and even press releases like this one [PDF].
“The Microsoft/Red Hat partnership calls for a Red Hat engineering team to actually move to Redmond,” to quote a new report. [1]
“And don’t forget the patent agreement that they still refuse to tell us more about.”Mirroring the Microsoft-Novell ‘special relationship’, there is a lot of technical integration too. The men in suit “said that in the coming months Red Hat Enterprise Linux images will be enabled for on-demand billing directly in its marketplace.” Billing by who? Microsoft? Red Hat? It’s complicated. And don’t forget the patent agreement that they still refuse to tell us more about [1, 2, 3, 4, 5, 6, 7, 8, 9, 10].
Jono Bacon, from GitHub and Red Hat’s “Open Organization” [sic] marketing campaign, defends the companies’ new relationship (as he would defend his former employer, Canonical, as well). Citing a sort of Microsoft proxy and a new Red Hat partner (Black Duck), he frames this relationship as necessary and recalls that “Microsoft went a step further with then-CEO Steve Ballmer describing the poster-child of the open source revolution, Linux, as “a cancer that attaches itself in an intellectual property sense to everything it touches.”
“Red Hat is living in a dream if it genuinely believes that a deal with Microsoft will leave them better off than Linspire or Novell.”Well, based on Nadella’s actions against Samsung, Kyocera, and Dell (there are more examples), he too views Linux as “a cancer that attaches itself in an intellectual property sense to everything it touches.” Nadella insists on still using patents against Linux, and against Android in particular (using patents pertaining to the kernel, Linux).
Under Nadella’s management, Microsoft is even trying to delete Android from phones (we first took note of this at the beginning of this year and later on) or even absorb its software into Windows — a strategy which Microsoft reportedly did in fact consider [2]. It’s like a derivative of the famous “embrace, extend, extinguish” strategy. Under Nadella there was also further lockdown of UEFI, impeding or making impossible installation of GNU/Linux on PCs that come with Microsoft’s unpopular spyware.
Red Hat is living in a dream if it genuinely believes that a deal with Microsoft will leave them better off than Linspire or Novell. Or maybe it can leave Red Hat just better off than everyone else in the GNU/Linux world. Red Hat’s patent agreement with Microsoft, concurrent with Microsoft attacking Android (with software patents), is truly problematic and we will escalate if Red Hat does not respond to us or becomes transparent by the end of this month. A lot of people want answers. The “Open Organization” [sic] ignores these people. It’s inherently antithetical to players in a community of developers. █
Related/contextual items from the news:
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The Microsoft/Red Hat partnership calls for a Red Hat engineering team to actually move to Redmond to provide joint technical support for Red Hat Enterprise Linux workloads running in the Microsoft Azure public cloud and on its hybrid cloud offerings. That ensures that the companies will have closely tied cloud computing goals.
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Microsoft has sidelined its plan to allow Windows 10 devices to run Android apps before it could do any serious damage, according to a report.
Daniel Rubino at the Windows Central blog gathered some convincing evidence that Microsoft’s Project Astoria has been wound down, while the runtime allowing the Android-on-Win10 magic to work has disappeared.
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