Bonum Certa Men Certa

How Microsoft Lobbyists Expose Google to Legal Trouble Amid Google Gains

"Where are we on this Jihad?"

--Bill Gates



Ballmer on patents
Original cartoon



Summary: An analysis of Microsoft's ongoing political and legal attacks on Google; a glimpse at Microsoft's Fog Computing gameplay, which leads to unprecedented levels of lock-in and is a reactionary strategy amid Google's rise to power

MICROSOFT AND GOOGLE are fighting over people's data, including their communication (data going down the wires, not just data stored locally or in Fog Computing). Microsoft advocates the use of Windows, whereas Google advocates GNU/Linux with more Free software components inside the stack, e.g. Apache and Python. Neither company is "good" or "evil"; like in many wars, both sides can be "evil", but it's all very subjective. To us, what matters is that neither company promotes software freedom, but Google is a lot closer in the sense that some of its products and its funding go towards enabling software freedom (e.g. Summer of Code, Chromium, and maybe Wave to a certain extent).



It should be easy to see why we defend Google from AstroTurfers like LawMedia Group and 'Consumer' 'Watchdog' (Bill Gates too does his share of lobbying against Google). Microsoft has ongoing campaigns to destroy Google; the same can hardly be said about Google. Name just one AstroTurf action Google has run against Microsoft. It's hard to think of any because it's a one-way boxing match and it helps show why Microsoft is so widely detested in the IT industry.

"Microsoft Has Lobbied for Weaker Protection for Search Engines, ISPs," argues Groklaw, which points to this page/file which says (the highlight in red is Groklaw's): "Turning to the issue of limitations of liability, such provisions are important for the development of innovative Internet-based services. However, care is needed in drafting such provisions to ensure that exceptions are not so broad to include activity that is widely regarded as unlawful. Barry referred to this in his comments about Bill C-61. In Microsoft's view the Internet and other digital network service providers who profit from providing services that enable or facilitate communication of infringing copies – so for example providers of software that help users locate infringing music, movies or software files – should not qualify for exemptions or limitations on remedies. Accordingly, provisions which seek to limit liability, ISPs or search engines should be carefully crafted."

"I missed this at the time," writes Pamela Jones (Groklaw) in News Picks, "but here [above] is part of what Microsoft's Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government's Copyright Consultations round table discussion in Halifax about a year ago, in August of 2009, on the theme of desired changes to copyright law (MP3), and as you read it, have in mind the strategy that Viacom tried unsuccessfully to use against YouTube/Google, asking the court to rule that Google didn't qualify for DMCA safe harbor protection..."

“[H]ere is part of what Microsoft's Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government's Copyright Consultations round table discussion...”
      --Pamela Jones, Groklaw
To put things in context, we've looked at recent news and gathered information which shows that in the US market (and meters that are not sponsored by Microsoft) Google continues to gain market share (not by excluding but by offering a better service).

Henry Blodget has argued that "Yahoo And AOL Should Immediately Merge" and it's not going to happen (more and more people seem to agree). Yahoo! is already somewhat of a property of Microsoft (the search part at the very least). MediaPost Communications looks at this alliance in the article "Navigating The Microsoft And Yahoo Alliance". For those who do not remember, Yahoo! was very close to signing a deal with Google, but Microsoft is then said to have hired AstroTurfers including LawMedia Group to shoot down the deal. It was utterly disgusting but very typical for Microsoft. Later on Microsoft took over Yahoo!

Anyway, there is more than just search at stake. Search is just a gateway through which a company can gain a lot of Web surfers and channel them towards particular pages, including their own proprietary services (Fog Computing and such). The Microsoft-friendly 1105 Media is promoting Fog Computing for children right now, including the Live@edu scam (there is a new press release about it and additional complaints about lack of encryption in it). The education systems are still being exploited by Microsoft in order to offer 'free' indoctrination that's akin to American EDGI [1, 2, 3, 4], which is now extending into Washington [1, 2, 3] and gets promoted by Seattle's Microsoft boosters [1, 2]. Had they been honest, they would state that it's not free and Microsoft should pay people for the privilege of having them brainwashed at the expense of their own time. Since Governor Gregoire is well within Microsoft's pocket [1, 2], nothing will be done to stop this. If anything, she is likely to encourage this abuse which is marketed using sheer spin.

Over at Minnesota there is already a surrender to Microsoft's Fog Computing, which is maddeningly irresponsible as it puts state E-mails under Microsoft's control and it's ripe to misuse [1, 2]. It's bad enough that some universities make this terrible mistake and under some new banner called "Microsoft Innovation Alliance" (we never came across it before) Microsoft is taking over many more colleges right now. To quote one example: "Software major Microsoft has enrolled BV Raju Institute of Technology (BVRIT) as its member under the Microsoft Innovation Alliance programme."

That'll be regrettable.

Based on what we learned in IRC last night, MTS (Canadian ISP) is also throwing its communications at Microsoft's servers. To quote:

Well, I guess there's no worry of getting heck for mentioning this since MTS has a press release about it on their website (August 7th)

MTS is phasing out their in-house email service, and switching to Microsoft Windows Live.

http://www.mts.ca/portal/site/mts/me...001342a8c0RCRD

"New customers will be able to take advantage of this new service starting August 17, and existing customers will be contacted by email with directions on transitioning to Windows Live services starting in October. Once the customer completes the transition, their existing emails and content in the customer's current MTS Webmail online account will be transferred to their new Windows Live account all within a few minutes."


This too will be regrettable because Hotmail is a disaster, just like the rest of Microsoft's services (e.g. BPOS [1, 2, 3]), which are very unreliable and now require a downtime dashboard (no kidding!) rather than a permanent solution to prevent future downtimes. To put downtime in perspective by quoting the 'Microsoft press':

Microsoft acknowledged BPOS service outages affecting customers in North America on Aug. 23, Sept. 3 and Sept. 7.


That's terrible. These downtimes were long, too. Imagine Google being down so often. It just ain't because it's built on top of Free software, which is a lot more reliable (even Microsoft uses GNU/Linux internally [1, 2, 3, 4, 5, 6], at least for the mission-critical stuff, like DNS).

"Microsoft looks into Hotfail bug" says this new headline:

WEBMAIL PROVIDER Microsoft is looking into a bug that is apparently affecting thousands of its Hotmail users.

We were first alerted to the problem by a reader, as, er, none of us use Hotmail. Ian, in South Africa has been unable to get into his account all week and, quite fairly, thought that there might have been a correlation between the Hotmail security updates we had reported and his being unable to access the service.


Nobody needs Microsoft for Fog Computing or for search. That's why Microsoft is so desperately trying to destroy Google. It's the only choice it has left. Microsoft is known for breaking stuff (like competition) and taking other people's stuff; it rarely creates anything worth using ("Usually Microsoft doesn't develop products, we buy products," said Microsoft's European business security product manager). Google has the thinkers, Microsoft has the bullies.

"The intuitive mind is a sacred gift; the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift." --Albert Einstein

Recent Techrights' Posts

This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
 
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026