Bonum Certa Men Certa

Signs of Defeat: Microsoft is Suing Linux Again, Using FAT Software Patents

Microsoft is throwing gorilla dust again

Salt throwing



"We counted over a million lines of code that we allege are infringed in the Linux kernel today." --Darl McBride (SCO), September 11th, 2003

Summary: Microsoft declares patent war on Motorola, which has a very extensive patent portfolio of its own and may never again partner with Microsoft as a result

MICROSOFT grew out of a culture of aggression and its founders are fiends*. Having heard testimonies about extortionists like Bill Gates we are not surprised to see Microsoft going down the same path as SCO. As an increasingly frail company that fewer and fewer people care about, it just needs to roar a little, due to bad judgment from eccentric managers like Steve Ballmer, who famously said that "Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

What Ballmer was trying to say is that he cannot compete against GNU/Linux unless he creates and lobbies for something imaginary which he calls "intellectual property" (that would be deceiving terminology for software patents). Ballmer cannot be too happy to see all those dying Microsoft products which he must drop as the company's value drops too.



Some years ago we still saw some real announcements coming from Microsoft. Occasionally they announced some new products, but in recent months/years the announcements were often about the death of products and yesterday the main announcement was about Microsoft suing a partner/competitor using software patents. Linux is part of this lawsuit based on the following list of patents from Microsoft Emil (the first few correspond to FAT):

The nine patents in question in the ITC complaint include:

* 5,579,517: Common name space for long and short filenames * 5,758,352: Common name space for long and short filenames * 6,621,746: Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations * 6,826,762: Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer and a hardware-specific driver layer * 6,909,910: Method and system for managing changes to a contact database * 7,644,376: Flexible architecture for notifying applications of state changes * 5,664,133: Context sensitive menu system/menu behavior * 6,578,054: Method and system for supporting off-line mode of operation and synchronization using resource state information * 6,370,566: Generating meeting requests and group scheduling from a mobile device



There are also comments on this article in LWN.

Microsoft is just suing Linux/Android, which is winning. Apple must be happy to see Microsoft do this. The brutes from Microsoft are now suing the last major hardware company which sells Android-powered phones and does not pay Microsoft for the 'privilege'. The rest of them, all of which are based in Asia, already pay for imaginary Linux patent infringements (never named, just numbered but not enumerated based on some hypothetical basis).

“After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ?”
      --Reader from Brazil
All the major Android-distributing companies -- notably HTC, Samsung, and LG -- already pay Microsoft for Android (or at least claim to be paying Microsoft for it). All along we kept arguing that the only large distributor of Android which did not pay Microsoft for Linux was Motorola, which has patent prowess just like Nokia. "Guess this time they [Microsoft] went too far," said to us one of the readers. "Motorola has thousands of patents, covering broad areas(uProcessors, Telco)."

"Nokia could join with Motorola and sue the ASS out of M$. This time they're not fighting Tom Tom like firms," said another reader. To quote other responses from Techrights readers: "After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ? Shameless face..."

Microsoft's lawsuit in this case is not so different from the legal action against TomTom (mixture of patents targeting Linux and other areas). HTC appears to have surrendered to Microsoft only after Apple sued them too. Our guess is that Microsoft has been extorting and pressuring Linux/Android vendors for quite a while and Motorola refused to pay for the non-existent/unbacked claims. Here is the coverage from Murdoch's press

Android has since replaced Microsoft as the mobile operating system of choice for handset vendors that don't already have their own proprietary software. And while Samsung Electronics Co., LG Electronics Co. and HTC have committed to making Windows Phone 7 devices, all of them have a much larger presence in Android.


In IRC, one reader hypothesises that the timing of this lawsuit was intended to almost coincide with the release of Vista Phone 7 [sic], perhaps in order to ensure that people talk about Android being "not free" while Microsoft keeps waving its lousy new platform, attempting to use half a billion dollars in marketing just persuading carriers/manufacturers to support Vista Phone 7.

Mitchell Ashley remembered quite correctly Ballmer's words which are analogous to his early laughter at the hypePhone. Ashley chose the headline: "Steve Ballmer: Google Android "just some words on paper". You can say the same about Windows Mobile 7 today."

Google Android is winning over customers, whether Microsoft's Steve Ballmer wants to admit it or not. In a Tokyo press conference in 2007, Ballmer referred to Google's upcoming Android OS as "just some words on paper right now" and "right now they have a press release -- we have many, many millions of customers…".


We've had a very long discussion about what Google and OIN should do about it. gnufreex wrote: "I am now thinking Google should buy some patent troll and go after everything Microsoft makes."

A complaint could probably be filed by Google because this is racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft is trying to embargo Motorola phones, using a sort of economic pressure/sanction (International Trade Commission [1, 2, 3, 4, 5, 6]) in hope of making Motorola settle rather than pursue justice in court. Microsoft did the exact same thing to TomTom. It's vicious.

Microsoft said today that it has filed suit against Motorola for patent infringement related to Motorola’s Android smartphones. Microsoft filed the suit in U.S. District Court in Washington and also filed a complaint to the International Trade Commission.


Here is an example of very poor coverage of the lawsuit

Microsoft says Motorola's Android phones are patent infringers


Techrights' inception as "Boycott Novell" about 4 years ago was designed to end Microsoft's patent attacks on GNU/Linux. These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.

“These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.”Beware the spinners who keep pretending that Microsoft has turned soft on software patents. This lawsuit only provided further justification for avoiding Mono and Moonlight, especially in Android (c/f MonoDroid [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]).

Microsoft has gotten desperate and its mob/lobbyists are spinning this lawsuit as reasonable.

If the allegations are true and Microsoft Florian is indeed one of the mobbyists [sic] on the company's payroll (like ACT), then utterly disgusting techniques is all this monopoly abuser has got left, trying to force its way back in by 'spamming' blogs and getting told off for it, e.g. in the following comment:

When will you stop spamming the intewebs, Florian? Are you get paid per post?

You anti-FLOSS crusade is so ridiculous that it is not even funny anymore. It is really pathetic that Microsoft sends failures like you to do perception management.


To quote one line of nonsense from this mobbyist, "Google must now act constructively and try to work out amicable arrangements with those right holders." Amazing! ___ * Bad behaviour descends from above. For example, "we will have to consider the patents they violate," wrote Bill Gates about Star/OpenOffice some years ago.

Comments

Recent Techrights' Posts

The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.