04.18.13
Posted in Asia, Microsoft, Patents at 11:31 am by Dr. Roy Schestowitz
The Microsoft mafia takes on China
Summary: New strategy in the fight against free Android, adding another layer of crime and corruption to Microsoft’s behaviour in China
Microsoft is really desperate to stop Android, which kills Windows as the common carrier and the primary target for developers. One crime that I know Microsoft has not yet committed (as far as I’m aware) is assassination of or an attempt at assassination of its opposition — a practice more common in China and companies like Coca-Cola, which Bill Gates admires, praises, and invests in (for profit through monopoly). Microsoft has tried dirty tricks and bribery, it even tried filing an antitrust complaint through a proxy and there is a lot of Microsoft FUD against Chromebook, which Ed Bott is spreading through ZDNet, seeding more rhetorical FUD. But the main attack on Android is a patent attack. Lauren Weinstein wrote: “Why did the patent troll cross the street?
“To work for Microsoft.”
After allegedly bribing Chinese officials (those are the ones we know of, but the phenomenon is more widespread based on circumstantial evidence and recent examples from the OOXML saga) Microsoft is going to the manufacturer which is less likely to have incentive to take this to court, demanding payments for Android or making it seem like such payments are necessary. This is outright blackmail and should be dealt with as RICO Act violation. Well, the Microsoft booster puts Microsoft spin on it, under the headline “Foxconn must pay Microsoft for EVERY Android thing it makes” (is it that not posturing? Cannot verify, citation needed).
Microsoft will collect a royalty for every device built by Foxconn that runs Google operating systems Android or Chrome OS.
Hon Hai, the parent of the Chinese electronics behemoth, confirmed today it has inked a deal to license unspecified Microsoft patents on smartphones, tablets and TVs built by Foxconn that use Google’s Linux-derived system software.
Neither party revealed exactly how much money was exchanged, or will be paid, under the new agreement, although Microsoft said a “broad” range of its patent portfolio had been licensed.
Foxconn builds its own Android tablets powered by Nvidia’s ARM-compatible Tegra processors, but it is best known as the maker of Apple’s iPads and iPhones, Amazon’s Kindle, Sony’s PlayStation 3, and a huge range of other electronics including laptops.
Since this deal is secret, we don’t know what financial arrangements are involved. Recall the HTC FUD [1, 2], which was also affecting a Taiwan-based company. Here is a more balanced report which calls it a broad patent deal. It says:
Drummond specifically made reference to the attempt to acquire many Novell patents by a Microsoft-led consortium.
That would be CPTN. This Web site was launched in response to that Microsoft/Novell deal, which was the first to legitimise claims that Linux has debt to Microsoft.
Here is a news report about the deal, some spin from MSBBC, and finally a good report from Joe Mullin, an expert in patent trolls. Microsoft’s patent terrorist, Horacio Gutierrez, thinks that because he wears a suit his mafia tactics won’t have him treated like a criminal. Here is the response everyone seems to be citing:
One company—Taiwan’s Foxconn—makes a staggering 40 percent of the world’s consumer electronic devices.
Starting now, Microsoft will be getting paid a toll on a large number of those devices. The company’s long patent-licensing campaign has landed its biggest client yet in licensing Foxconn, formally named Hon Hai Precision Industry Co. Foxconn has agreed to take a license for any product it produces that runs Google’s Android or Chrome operating systems.
The Redmond software giant has insisted for years now that any company making Android phones needs to license its patents. That campaign has generally been successful; so successful, in fact, that by 2011 Microsoft was making more money from patent licensing than from its own mobile phone system.
Now, Microsoft says that more than 50 percent of the Android phones in the world come from companies that have agreed to take licenses to its patents, including smartphone makers like LG, HTC, and Samsung. And that number is likely going to jump up today, as it announces that Foxconn, the Chinese company that makes 40 percent of the world’s consumer electronic devices, has agreed to join its licensing program.
The details of the agreement remain undisclosed, although the press release makes sure everyone knows which way the money is flowing: Foxconn will be paying Microsoft, and not vice versa. The agreement will apply to all Android and Chrome OS devices made by Foxconn worldwide, including smartphones, tablets, and televisions.
So when you buy a product with Android, then you have to pay additional fees to Microsoft, as if Microsoft contributed to those products. The strongest response we found came from Swapnil Bhartiya, who called it a bogus licence:
Microsoft has signed yet another ‘bogus’ patent deal with Taiwan’s Foxconn, the world’s lagest electronics maker. In a Microsoft blog the company claimed, “Microsoft Corp. and Hon Hai, the parent company of Foxconn, signed a worldwide patent licensing agreement that provides broad coverage under Microsoft’s patent portfolio for devices running the Android and Chrome OS, including smartphones, tablets and televisions.”
Foxconn seems to have chosen the ‘easy’ path of simply paying up a ‘tiny’ fee to Microsoft instead of going to the court. There is no doubt that Microsoft’s claims that Android infringes upon it’s patents are bogus as we have already seen in the B&N case where the company was taken to the court and then fearing that the case will expose Microsoft, the Windows maker surprisingly settled outside the court and ‘paid’ a heavy fee to B&N in the name of an alliance.
Microsoft not only dodges blackmailing the distributors (e.g. Samsung) or the developers (notably Google), it goes deep down onto the manufacturers, who have no incentive to fight in court. That’s what makes it unique. This is criminal behaviour, but in the age of euphemisms they get to call blackmail “licensing” and monopoly “patent”. █
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Posted in America, Patents at 11:11 am by Dr. Roy Schestowitz
Summary: The US patent system wants us to believe that humans should be deserving of a monopoly on life
The USPTO has gotten scrutinised and came under heavy fire after it had awarded patents on genetics. These were not invented, so they redefine what parents actually are. This site does not deal much with patents other than software patents (that’s not to say that these are the only contemptible monopolies), but some other sites, including sites of lawyers who know nothing about biology (some would say that genetics were invented by “God”), did cover an important case which can help redefine US patents as applying to naturally-recurring biology, too. Here are three links:
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Today the Supreme Court will hear oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. Myriad Genetics was founded in 1991, and licensed, exclusively in the field of diagnostics, and also invented a group of patents associated with the five to ten percent of breast cancers known to have a strong hereditary component. The biomarkers disclosed, discussed, and claimed in these patents are also associated with an increased lifetime risk of ovarian and other cancers. See this U.S. Government website Genetics of Breast and Ovarian Cancer, updated 3/04/2013, and accessed April 14, 2013, for timely information on the significance of these biomarkers.
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Today is human genome day at the US Supreme Court. There will be oral argument on Association for Molecular Pathology v. Myriad Genetics, Inc.. The link will take you to the ABA’s collection of amicus briefs, and there are many of them, and the merits briefs. The question before the court is this:
Rather than slam only the patent holders (or applicants) we should chastise the system led by the USPTO, aided by SCOTUS, for serving multinational megacorporations at the expense of people and thus causing more economic disparity and death. █
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Posted in Bill Gates, Europe, GNU/Linux, Google, Patents at 11:04 am by Dr. Roy Schestowitz
Bill Gates back in the days when he wasn’t too big to jail
Summary: News about patents in Europe, software patents in particular; ACLU now occupied by Gates staff
IPKat, a patent lawyers’ blog, continues to show its apathy towards justice and empathy towards self-service and profit at the expense of producing workers. The software patents boosters over there are lobbying and cheering for software patents through the unitary patent. The Court of Justice of the European Union has dismissed the Italian and Spanish complaints, according to this site, never mind if Spain was blackmailed before the Spain v Council case. Gérald Sédrati-Dinet writes: “Judgment of the Grand Chamber of the Court of Justice of the European Union in joined cases C-274/11 (Spain v Council) and C-295/11 (Italy v Council), requesting to annul Council Decision of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection (2011/167/EU, OJ 2011 L 76, p. 53).”
“IPKat, a patent lawyers’ blog, continues to show its apathy towards justice and empathy towards self-service and profit at the expense of producing workers.”We cannot help recalling Bill Gates lobbying Europe for software patents, as we covered years ago. There are many players out there looking to achieve the unthinkable. The Gates Foundation also helped promote Monsanto patents in Europe, as this site helps remind us: “Many have long suspected that U.S. policy on genetically modified (GM) organisms was being influenced by the multinational corporations that profit from genetic engineering and the export-oriented agribusiness. However, recently released Wikileaks cables document just how close that relationship has become.
“The U.S. Department of State has virtually become an agency for promoting the private interests of the Monsanto Corporation.
“As European social movements pressure their governments for an ongoing moratorium on GM seeds and foods, Monsanto and other biotech corporations have been pushing to find new market footholds, using hybrids even in impoverished Haiti following the January 12, 2010 earthquake. They have been pursuing such goals in collaboration with USAID, the U.S. State Department and the Gates Foundation Alliance for a Green Revolution in Africa (AGRA).”
Speaking of Gates, one reader turns our attention to this news about ACLU turning against Android. It turns out there is Gates staff there. “ACLU Asks FTC To Force Carriers To ‘Patch Or Replace’ Android Devices,” says the headline.
“Interesting, to me,” says the reader, “that the ACLU would have such a hissy fit about Android. Why no concern about MS-Windows? Windows have suffered far more attacks than Android. This does not smell right.
“I have discovered that Melissa Chabrán is on the board of the Washing State ACLU. She is also the Senior Program Officer at the Bill & Melinda Gates Foundation.” █
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Posted in Antitrust, Microsoft, Vista, Vista 8, Windows at 10:47 am by Dr. Roy Schestowitz
Survival instincts?
Summary: In addition to filing an antitrust complaint against Android, Microsoft is committing antitrust sins when forcing OEMs to make hardware Microsoft-dominated
The Vista series, starting with Windows Vista, has been crushing the Windows franchise. Microsoft repeatedly extended the life of XP, now a 12-year-old system, in order to keep GNU/Linux at bay (Microsoft also used corrupt business practices to achieve this).
The other day we saw Steven J. Vaughan-Nichols saying that Windows is pretty much finished. To quote:
Windows: It’s over
You can think Windows 8 will evolve into something better, but the numbers show that Windows is coming to a dead end.
Vista 8 is indeed a dead end as Microsoft already leaps to vapurware, or imaginary replacements. ZDNet has this piece titled “What really signed the PC’s death warrant? Microsoft’s decision to support netbooks” (to keep GNU/Linux down).
“Some of the reasons for the collapse of the the PC market go a lot further back than the reception of Windows 8,” argues the author. By bribing to keep GNU/Linux out of netbooks Microsoft devalued Windows, which had already seen its value deflating after Vista came out.
There is a shameless attempt at spin, blaming hardware rather than software and given that Microsoft’s hardware is rejected as much as its software, this distraction does not hold water. We covered this before with examples.
One reader of ours asked: “Which real reviewer actually praised Microsoft Surface?
“It’s DOA like Vista 8 is.”
Indeed.
The Microsoft boosters too acknowledge Microsoft’s defeat, but their new strategy is to just discredit the opposition, as we shall show in a later post. Here is what the booster says:
The tablet market will grow this year by 38% to 150 million units, but Microsoft won’t be a beneficiary, says a new report from ABI Research. Windows tablets, BlackBerry tablets and “unidentified OS implementations” currently make up only 3% of the total market, and don’t show signs of significant growth.
The ABI Research report says that an estimated 150 million tablets will ship in 2013, worth an estimated $64 billion. The total number of tablets will grow by a projected 38% over 2012, and the total revenue will grow a projected 28%.
Realising that Linux is unstoppable and the demise of Windows to minority userbase imminent, Microsoft filed an antitrust complaint through a proxy. ECT has an analysis of it here. The overview says “Microsoft has “tried forcing people to license Android from them to try to kill Android, and they’ve tried putting out their own mobile OS to try to kill Android,” said blogger Mike Stone. “Both initiatives have failed on every level. People are still buying Android devices as fast as they can be made. All that’s left is to follow in Apple’s footsteps and sue sue sue. It stinks of desperation.””
“Other people may turn to Windows in such a scenario.”Well, the latest antitrust violation is Microsoft’s, which according to yet more articles like this one is suppressing GNU/Linux adoption.
It is about UEFI restricted boot. “UEFI BIOS and Secure Boot work perfectly well with only Linux installed according to the experiments I have conducted on my own PC,” writes Jamie Watson this week. It has become complicated due to Microsoft’s dirty trick. Yesterday after an in-place distro upgrade I had to resolve a GRUB issue before I could boot again, so I know the feeling of discouragement through complexity, I nearly gave up and installed everything from scratch. Other people may turn to Windows in such a scenario. Some might simply stay with it, no matter how fed up they are. This is Microsoft’s last hope. █
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