10.24.08

Horacio Gutierrez’s Latest Threat Against GNU/Linux Was Seeded by Microsoft

Posted in Asia, Europe, FUD, GNU/Linux, Microsoft, Novell, Patents, Red Hat at 9:21 am by Dr. Roy Schestowitz

“Working behind the scenes to orchestrate “independent” praise of our technology, and damnation of the enemy’s, is a key evangelism function during the Slog”

Microsoft, internal document [PDF]

WELL, it’s rather fascinating how Microsoft controls not only the press; it tames or gains influence over many blogs too. It’s sometimes paid for.

Several days ago we mentioned how Paul Krill offered a platform (IDG) for Microsoft FUD just days after a Microsoft mouthpiece had done the very same thing (in CNET). Timing was suspicious because for a low-key person to have similar coverages coincide like this is a tad unnatural. It was probably intended to invoke fear, spread misinformation, and confuse the public. By changing perceptions around open source, Microsoft wants to have GNU/Linux abolished in favour of Windows, even as an underlying platform for Free software.

Some of these recent events seem not to have happened as spontaneously as an innocent observer might imagine. Microsoft appears to have been contacting journalists for its carefully-crafted messages to be spread and absorbed (Novell does this too). They are said to have approached even a loud critic (of the patent system and Microsoft) such as Mike Masnick. He is at least the only person who speaks out about it in public when he says something along the lines of “I’m not interested in Microsoft’s imaginary property people, but it’s them who came to me.”

Indeed, Masnick has just published a relatively detailed post about it.

Last week, Microsoft was kind enough to invite me to sit down, one-on-one with Horacio Gutierrez, the company’s VP and Deputy General Counsel in charge of intellectual property and licensing. As you might imagine, given my views on the patent system in general, and Microsoft’s gradual embrace of the patent system specifically, he and I disagreed on a fair amount. We agreed that the patent system should be focused on encouraging innovation. We agreed that there were abuses of the system. From there, our views pretty much diverged, though the conversation was fun and lively.

Gutierrez began the conversation by focusing on all of the “benefits” that Microsoft sees to the patent system, which focused on all of the licensing deals that the company has done. He positioned it by noting that the patent portfolio allows the Microsoft to get into deeper business relationships with other entities. Specifically, he noted that in many cases what began as a patent licensing discussion eventually leads to a much more complete business relationship that increases interoperability. He cited deals with both Sun and Novell as examples of this.

Yes, Novell. It’s always mentioned there as Microsoft’s justification and reason for all GNU/Linux vendors to pay Microsoft for unnamed software patents. Further down in it says:

In discussing all of this with Gutierrez, I brought up the company’s continual FUD campaign, where it goes to the press to wave that pointy stick around, in announcing that Linux violates over 200 Microsoft patents. Gutierrez noted that he was among the Microsoft execs who had made those statements, and he stood by them, claiming that Richard Stallman agrees, and falling back on his earlier claim of all complex products violating some patents, which is why he says they just want Linux vendors to work out some sort of patent licensing agreement. That, of course, doesn’t answer the question of why Microsoft keeps screaming about patent infringement, but never bothers to show what patents anyone infringes on.

What was the purpose of all this? It appears as though Microsoft is determined to plaster its FUD all over the Web and have people talk about Linux in the context of patents, “mixed source”, and “piracy”. The existence in fear, confusion, uncertainty and doubt serves Microsoft very well. In the South African press, Microsoft’s latest provocations begged for the article “Microsoft Makes Mockery of Interoperability.”

Microsoft needs to get rid of its chief IP lawyer and its patent strategy if it wants further efforts at interoperability to be taken seriously by open source vendors and users.

In at least two interviews with IT publications this week, Horacio Gutierrez reaffirmed that the company intends to try and force open source companies to sign patent licensing deals or face lawsuits.

[...]

The intellectual property that is trying Gutierrez’s patience is not any line of copyrighted code, nor any trademark or trade secret. It’s a bunch of patents that Microsoft claims it owns. In the bizarro-world that is US patent law, companies can get government-granted monopolies on procedures that are taught to programmers at high school as if they were some sort of valuable asset.

The article above states that Microsoft needs to sack Horacio Gutierrez, but Gutierrez merely represents Microsoft’s strategy as whole. Again, it’s Microsoft itself that sent him out to spread all that FUD, and Masnick’s experience is one that others can probably attest to. Paul Krill tried to grill him on patents, without any success; instead, he gave Gutierrez|Microsoft the podium they craved. IDG threw this article all over its extensive network of domains, probably for mass effect.

“IDG threw this article all over its extensive network of domains, probably for mass effect.”It becomes increasingly probable that Microsoft bets on becoming another SCO (with higher success rates in terms of ‘indemnification’); its other chief lawyers and patent people, such as Marshall Phelps, seem to suggest so too. Over the weekend we will cover Microsoft’s financial situation and show the evident decline, which requires urgent change of strategy and a return to price-fixing era, as opposed to dumping techniques.

“Intellectual property is the next software.”

Nathan Myhrvold, Microsoft patent troll

We already wrote, on numerous occasions in fact, about Microsoft breaking the law in India and South Africa, amassing patents in countries that quite explicitly forbid software patents. They rely on back doors and rule-bending. Despite rumours about Marshall Phelps, he might still be fully engaged with Microsoft, in terms of professional capacity. He seems familiar with the company’s patent strategy and also, according to this new post, he predicts that Microsoft’s patents arsenal might grow by a factor of 5 within just a couple of years.

Microsoft to have 50,000 patents within two years, Phelps reveals

[...]

The company’s filing strategy is based on two key points, he explained. The first is that it needs protection in what it believes to be its key markets: the US, Europe, Japan and the BRICs (Brazil, Russia, India and China) countries, among others. The second is that it has to have a presence in countries that have a software manufacturing capability; that means the same countries as above, but also others such as Taiwan. Europe, Phelps said, likes to think that it is different because it says it does not grant software patents “but they can’t distinguish between hardware and software so the patents get issued anyway”.

Whenever he says “protection”, what he actually means to say is “intellectual monopoly.” For some companies it is difficult to think of competing without some sort of a God-gifted monopoly, as it the company earned some Holy Right to preserve its business and not let competition ever grow. But to paraphrase a friend, business is an opportunity, not a right. Investment is a risk, not a guarantee.

“Protection” in this context means a fence and a barrier in the face of superior or more cost-effective technology. Microsoft is better at coping with competition when it’s able to crush it or to buy it. With GNU/Linux it’s a little more complicated, so lawyers step in and try to manipulate the law.

Steve Ballmer license

Image from Wikimedia

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2008/10/24/threat-seeded-by-microsoft/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 8/5/2021: GIMP 2.99.6, Wine 6.8 Released

    Links for the day



  2. IRC Proceedings: Friday, May 07, 2021

    IRC logs for Friday, May 07, 2021



  3. [Meme] Outsourcing Audacity Development to Microsoft Proprietary Software and Then Copying Microsoft Tactics (and 'Telemetry')

    They've had the audacity to call it "telemetry" and pretend that surveillance companies (spying giants) cannot figure out who you are based on IP addresses



  4. Links 7/5/2021: IPFire 2.25 Core Update 156 and Diffoscope 174 Released

    Links for the day



  5. The New Microsoft? No, the New IBM.

    Microsoft GitHub and IBM: a strategic alliance between a monopolistic duo



  6. The Audacity Takeover by Muse Group is No Cause for Celebration

    Audacity is now part of an entity called Muse Group and if it doesn’t take or suck freedom out of Audacity, it will certainly deny users rather basic concepts (or anticipation) of privacy



  7. King of Linux

    If the entire operating system is being called "Linux", then we fall for a publicity or misattribution stunt



  8. The Biggest Troll is the Linux Foundation, Still Looking to Provoke and Defame Free Software Communities in Order to Help a Monopolistic Takeover and to Shoehorn Tyrants Into Leadership Positions

    Contrary to what the so-called ‘Linux’ Foundation is trying to say, the most toxic element is itself; it’s maligning the real community while protecting abusive and racist corporations that profit from war and tribalism-motivated hatred



  9. IRC Proceedings: Thursday, May 06, 2021

    IRC logs for Thursday, May 06, 2021



  10. “The Lolita Express” and Prince Bill

    “The Lolita Express” scandals return to haunt pool old Bill, as it turns out his wife was upset and it's quite likely the reason for their divorce



  11. Links 7/5/2021: GNU/Linux Preinstalled, Plamo 7.3, LibreOffice 7.1.3

    Links for the day



  12. The Latest Reports About Bill Gates Serve to Confirm or at Least Reaffirm Many People's Suspicions

    So, just as many people suspected, Melinda Gates did not appreciate her husband sneaking behind her back to meet someone who had trafficked thousands of underage girls for sexual exploitation and there are high-profile calls right now for greater transparency, seeing the impact on the world’s biggest tax evasion vehicle



  13. Disregard Web Sites That Call Themselves 'News' and Instead Promote Proprietary Software for Companies Like Microsoft

    Publishers like IDG have long been paid-for marketing in ‘article’ clothing, sometimes with the veneer of ‘reporting’ (as if they have some inside knowledge or insight, e.g. speaking with or for the company they secretly coordinate with or market for); but sadly we’ve been seeing some so-called ‘Linux’ sites doing the same thing, in effect acting like de facto Microsoft marketers



  14. [Meme] Who Needs Examination Anyway When There's 'Hey Hi' (AI)?

    The patent production line could do away with 'pesky' and 'opinionated' examiners who actually wish to scrutinise alleged 'inventions'



  15. Europe's Second-Largest Institution Corrupting the Media and Buying Expensive Puff Pieces

    As annual reports reveal, the EPO wastes an extraordinary amount of money on reputation laundering campaigns and it pollutes the signal by paying publishers; we examine this issue using the new 'reports' shown in the video above



  16. Links 6/5/2021: Fedora’s Compiler Policy and Celemony Software GmbH Adopting Free Software

    Links for the day



  17. Free Software Proponents Don't Fall for Bullshit (Same is True for EPO Examiners)

    There are parallels between what happens in the Free Software Movement and the EPO, where well-meaning people — and usually hard-working scientists — are besieged by people who never really contributed anything to society



  18. IRC Proceedings: Wednesday, May 05, 2021

    IRC logs for Wednesday, May 05, 2021



  19. Lessons From Another Failed Coup Against the Free Software Movement

    The coup has very clearly failed and we should prepare for future attempts (they go in cycles); the monopolies really dislike software they cannot control fully (e.g. copyleft/GPL-licensed software)



  20. Links 5/5/2021: Mesa 21.1 Released and New Releases of Python

    Links for the day



  21. Links 5/5/2021: StarLabs, GNU Zile 2.6.2, Fedora i3 Spin

    Links for the day



  22. Phony 'Scandals' From Phony 'News' Site ZDNet

    Steven J. Vaughan-Nichols continues the coup against the FSF (trying to separate it from its founder, Richard Stallman), funded by IBM and Microsoft to engage in libel at a marketing company-owned ‘news’ site called ZDNet



  23. Links 5/5/2021: Windows Security Breaches and GNU Pokology Launched

    Links for the day



  24. IRC Proceedings: Tuesday, May 04, 2021

    IRC logs for Tuesday, May 04, 2021



  25. Links 4/5/2021: Taiwins 0.3, KDE Plasma 5.21.5 Released

    Links for the day



  26. EPO Already Wasting Money on Media Manipulation Campaigns for European Inventor Award

    An online-only European Inventor Award 'event' is being used as a pretext/excuse to flood European publishers with money they can rightly perceive as 'hush money'; everyone out there with no spine would likely buckle at the sight of EPO euros and just produce mindless puff pieces that serve to distract from EPO corruption



  27. The Timing of This Melinda Gates Tweet Was Always Curious...

    Remarking on her trip to Africa, where the Gates family lobbies for monopolies on seeds (for profit or course, notably through Monsanto/Bayer, which the Gates family heavily invests in), she posted pure fluff and old photos. And it’s hard to believe she had nothing better to do at the time (better than such nostalgia). As we noted last year: “The above tweet of a beach was posted [by Melinda Gates] on the date of the arrest/search of their employee, who was at their residence at the time.” He was arrested around the very same time this tweet was posted. As we wrote last year (based on detailed documents obtained from the police department): “This tweet was posted 2 hours and 40 minutes after the door was breached and incriminating evidence collected.” He was arrested later that morning at the mansion of Bill and Melinda Gates (the police records contain detailed timelines to confirm the chronology). Melinda’s first name was also in the CP 'stash'.



  28. Media Frenzy Around Gates Divorce Helps Distract From Bill's Crimes

    The distraction from many Gates scandals is cushioned by yet another personal fluff; we would rather see investigative journalism pursuing real answers about real scandals



  29. IRC Proceedings: Monday, May 03, 2021

    IRC logs for Monday, May 03, 2021



  30. EPO Disregards Animal Welfare

    An often overlooked issue surrounding the second-largest institution in Europe is its impact on millions if not billions of animals; there's ongoing research into that


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts