Bonum Certa Men Certa

More Evidence of Potential Microsoft Involvement in Apple-HTC Lawsuit Against Linux/Android (and Microsoft Loses to Virnetx)

[an error occurred while processing this directive]


"Patent defence for free software by Andrew Tridgell"
Dr. Andrew Tridgell's talk from the LCA 2010 conference



Summary: Microsoft's top "IP" bullies commend Apple's legal action and Microsoft owes VirnetX $105.75 million for patent violation

BACK in January we wrote about Tridgell's talk, which is finally available for the public to watch (FFII made a copy). We covered his talk in a post about "Apple's Patent Threat to Linux". We partly predicted Apple's lawsuit against GNU/Linux, using software patents in fact [1, 2, 3, 4, 5, 6]. Now we know that experts allege that Microsoft may have played role in Apple's lawsuit. Microsoft endorses this action publicly (in a Smith's talk) and now Microsoft endorses this in its lobbying blog too. One of Microsoft's chief racketeers, Horacio Gutierrez, wrote: "Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones"



One of our readers quotes the following portions: "There is a long history of IP litigation in the mobile phone market, and innovation has continued apace [...] as the IP situation settles in this space and licensing takes off, we will see the patent royalties applicable to the smartphone software stack settle at a level that reflects the increasing importance software has as a portion of the overall value of the device."

“Is this Microsoft-codespeak for, we expect people to start paying us a hardware tax.”
      --Anonymous reader
The simple translation is that Microsoft wants tax on Linux phones. Microsoft wants us to pretend that mobile Linux too is Microsoft's own property (the software layer). Our reader says: "Is this Microsoft-codespeak for, we expect people to start paying us a hardware tax. Something like they suggested to the OLPC developers? It's in the Comes documents, in references to either 'investing' in the OLPC or getting them to stump up a Linux tax, can't remember the exact words."

With Apple's lawsuit against GNU/Linux (via HTC/Android), the impact of Microsoft becomes increasingly suspect. Did Microsoft speak to Apple prior to this action? Either way, Apple is clearly a foe of software freedom and GNU/Linux users should cease viewing Apple as benign just because it competes against (or with) Microsoft.

Apple is clearly having a hard time competing against GNU/Linux. The iPad seems like a train wreck that even former Apple executives are negative about [1, 2, 3, 4, 5, 6, 7, 8, 9]. It appears as though the iPad's target market is dyed-in-the-wool Apple followers. And surely enough, according to the following numbers, just fans are eventually buying it. [via Glyn Moody]

Orders for the Apple iPad fell sharply over the weekend, indicating that most of the real obsessives bought one on Friday.


As Ghabuntu reminds us this week, iPad is just a "toy" (Apple is irrelevant in places like Africa).

I just keep asking myself, what is it that makes Apple toys so special even if they come at a *huge* cost, both economically and philosophically?


SJVN writes about the iPad and resorts to discussing tablets that are better and run GNU/Linux.

After that, why not a wearable Mac or Linux PC? We've already had wearable Linux and Windows PCs, but those early models had all the problems I listed earlier. In 2010, it's a different story. We may not have flying cars, but we can certainly have wearable computers.

We already know that Asus is looking into running Google's Linux-based Chrome OS on wearable PCs. Who knows: in 2020, we may look back and see that iPads and tablet computers were only a brief rest stop on the way to wearable entertainment devices and computers.


Dell too is planning to release tablets that run Linux (maybe with GNU). Many of the ARM-based tablets look exceptionally promising.

The myth says that GNU/Linux is trying to catch up with the "Mac" and the "PC", but when it comes to devices, the very opposite is true. Apple and Microsoft are just taking legal actions (intimidation or rackets) to tax devices such as the Kindle for example [1, 2, 3], which leads to articles like this new one from South Africa (where software patents are illegal but Microsoft vainly breaks the patent law):

Microsoft licensing Linux



[..]

Proprietary giant is licensing open source to its partners. What is going on?

Over the past few weeks Microsoft has been licensing Linux to a number of its partners, most notably Amazon. Although the idea of Microsoft, a company steeped in proprietary software, licensing open source software is ludicrous it's not completely unexpected. It's also not the first time Microsoft has played the Linux patent game and we can expect to see more deals in the future. So what's going on?

[...]

Then in February Microsoft announced a deal with Amazon which it described as covering a "broad range" of products, including Amazon's Kindle and Amazon's use of Linux-based servers. Effectively Microsoft is licensing Linux to Amazon on the understanding that it won't sue the company for infringing on its alleged Linux-related patents.

This is not unlike the agreement struck between Novell and Microsoft in 2006 in which Microsoft agreed to indemnify Suse Linux users against potential patent suits. That deal too attracted significant ire from the open source community.

The most recent Linux patent deal from Microsoft is a deal with Japanese hardware maker I-O Data. Although the specifics of the agreement are not known the two companies said that the the deal "will provide I-O Data's customers with patent coverage for their use of I-O Data's products running Linux and other related open source software." Again, Microsoft is providing an assurance that it won't file a patent suit against I-O Data for its use of Linux.

This is not the first time that a company has tried to claim Linux patent ownership and used that against other businesses. SCO is the most obvious example and they even went so far as claim that they owned Unix. SCO, fortunately, was never that successful at winning its claim over Linux and Unix. Microsoft on the other hand is a potentially different case.

[...]

Suing a Linux vendor directly over patent claims would be a shortcut to ending up in court. And being hauled into court would force Microsoft to open its books and explain what it is that it claims to own.

For now Microsoft is prepared to rely on compliant partners to create uncertainty around Linux ownership.

It's a clever strategy by Microsoft and one hard to counteract.


It's not a "clever strategy", it's racketeering and it's illegal [1, 2, 3, 4, 5, 6, 7]. It should be reported by vendors like Red Hat as it probably violates laws introduced with the RICO Act. The racketeering from Gates and Jobs goes quite a long way back. It's just another SCO-like strategy, going back to around the same time as the SCO lawsuit (2003).

Speaking of SCO, a few days ago it turned out that SCO itself was behind the attacks on Groklaw. SCO was using Sys-Con as its attack dog and Sys-Con is now spreading lies about an important Free software project, leading to this reaction:

O’Gara Cloud Computing Article Off Base



[...]

This is just about the most naïve explanation for whether a product will or will not be stable that I’ve ever read. If Maureen had bothered to email or call any one of the core Drizzle developers, they’d have been happy to tell her what is and is not stable about Drizzle, and why. Drizzle has not changed the underlying storage engines, so the InnoDB storage engine in Drizzle is the same plugin as available in MySQL (version 1.0.6).


Watch the first comment which says: "There's no reason to be nice to MoG. She's the same hitwoman who wrote a bunch of pro SCO, anti GPL FUD during that whole trial (while being paid by them, while claiming to be impartial), including publishing a bunch of personal info about the previously anonymous blogger behind Groklaw."

Few more comments like this follow, but a lot more about the SCO/Sys-Con attack on Groklaw can be found in this new Slashdot discussion.

In other important news, the Virnetx case is over and Microsoft lost. We previously covered this in [1, 2, 3, 4, 5, 6, 7, 8] and here is the news from Microsoft Nick:

A Texas jury has sided with VirnetX in its patent-infringement lawsuit against Microsoft, recommending an award of $105.75 million.


TechDirt already responds with some witty remarks:

In the last few years, Microsoft has become a bigger and bigger supporter of patents, which is a bit ironic, given that Bill Gates once pointed out that the software industry never would have developed if there had been software patents back in the early days. But, proving that new companies innovate, while older companies litigate, Microsoft has become a big patent hoarder in recent years. But, to date, while it's used those patents to threaten lots of companies, it seems like Microsoft's decision to live by patents, is actually costing it quite a bit of money.


Sadly, Microsoft uses patent trolls like Virnetx only to justify its own patent attacks against rivals. Microsoft's #1 rival is Free software of course (although its embodiment can be companies like Google, IBM, Red Hat, and so on). ⬆

"I'd put the Linux phenomenon really as threat No. 1."

--Steve Ballmer, 2001



Comments

Recent Techrights' Posts

World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
 
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026