Bonum Certa Men Certa

As Microsoft is Losing, Expect a Lot More Patent-Flavoured FUD Against Linux

Microsoft's (and Apple's) patent attack on Google/Android is not working



Summary: A look at the patent attacks from Microsoft and why they have not been as effective as Microsoft and its lobbyists wish us to believe (for FUD factor)

In a decent blog post from Christine Hall she explains that Microsoft has become a patent threat not just to Android. It had already signed deals like the one with Novell in order to create what Christine (of FOSS Force) calls the "Microsoft Tax on Linux Devices". To quote:



The desktop and laptop might be safe, for the time being, but now the evil empire has dug its talons into the mobile world. It’s becoming nigh near impossible to purchase a device running Android or Chrome OS without a hidden Microsoft tax, and the makers of smartphones and tablets probably won’t be offering devices with no operating system installed in the near future, for those of us who’d prefer to install our own OS and skip having any of our money shipped to MS.

The new Microsoft tax is in the form of patent licenses that OEMs are being blackmailed into paying by the Microsoft folks. Yep, MS is finally making good on its promises to enforce the patents it claims are being violated by Linux by going after the makers of devices running Android (and now, evidently, Chrome OS). Does Microsoft actually hold valid patents being infringed by Android? Who knows? That would be for the courts to decide and, so far, nothing’s gone to court. OEMs are just ponying up and buying MS licenses on the strength of Microsoft threats. So much so that Redmond is evidently making more money on Android than on Windows Phone 7.


Here in this site we have been keeping an up-to-date list of companies that pay Ballmer for the 'right' to sell products with Linux. We urge people to avoid those companies and send out the message that taking this shameful route is unwise for business. Companies tend to consider what's good for business, not what's good for ethics, although poor ethics sometimes -- provided public awareness -- affect business.

Microsoft is clearly failing to sell its products, so when it cannot ram them down people's throats (as it does by bribing colleges and offering kickbacks to OEMs) it will try to make money from the competition's sales. If someone still believes that Microsoft is doing alright against Linux, share this this new article from a 'news' site paid by Microsoft. It quotes Microsoft's CEO Steve Ballmer as saying that “In a year, we’ve gone from very small to [...] very small.”

Hilarious.

"Google’s Android operating system remains No. 1 in the U.S.," notes the Microsoft-sympathetic reporter, "while Windows Phone lost ground, according to the latest comScore report. The Windows Phone 7 launch last fall has not stopped Android’s rise. Microsoft had almost 8 percent of the U.S. market in the past three months, down 1 percent..."

Mr. Pogson notes that among the big players that sell Android devices Microsoft has gotten just about nobody to pay for unnamed patents, except HTC. To quote:

The Open Handset Alliance has 20 members who make handsets: Acer, Alcatel, ASUS, CCI, Dell, FoxConn, Garmen, Haier, HTC, Huawei, Kyocera, Lenovo, LG, Motorola, NEC, Samsung, Sharp, Sony Ericsson, Toshiba and ZTE.

Several manufacturers using Android have entered licensing agreements with M$: Wistron, HTC, General Dynamics Itronix, Velocity Micro, and Onkyo. M$ is reported to be demanding $15 a copy for Android/Linux from Samsung and Barnes and Noble has gone to court over the issue. It is interesting that M$ has apparently secured royalty payments around $5 per copy while demanding $15. Thus it seems that some are paying M$ to go away. Others will fight.


Microsoft is mostly going after those without incentive to fight back. It uses software patents against them, rather than offer them something like Windows. That alone speaks volumes. Pogson ends by adding:

Making software is not a creative act and software patents are not stimulating innovation, it would seem. Software is a data structure and an algorithm, nothing more nor less. Once the information in the specification of those two elements is defined, the software follows and it can be created by almost any programmer skilled in the art. Thus, it fails non-obviousness. The information in the specification of the data structure and algorithm is not patentable, being merely an idea without physical embodiment. Putting software in a computer may give it physical embodiment but it is still obvious how it works when one looks at the source code.


Here is another noteworthy new article:

And don't cry for Microsoft. While its new mobile OS rise has yet to be a rise at all, the company is making money on--get this--Android patent enforcement. That is, by dint of its thousands of software patents, Microsoft has succeeded in getting the likes of HTC to pay license fees, and now it's going after Samsung. Cue the jokes about blue screens of death in outer space.

In a research note, Wells Fargo estimated Windows Phone 7 revenue of $500 million in 2011; and more than $1 billion for Android licenses in 2012 if it charged $10 per license.


Microsoft continues destroying the software industry, substituting it with lawyers and ruthless businessmen. It is not just bad for developers, it is bad for everyone (who sees product prices elevated due to bureaucracy fees/costs). The word "innovation" lost its meaning (we covered this recently and even years ago) and now it is used to justify decreased competition, retarded products (which have features removed due to patents), and increased collusion (which is a form of crime that regulators rarely address because it is done by corporations to people rather than the other way around).

Comments

Recent Techrights' Posts

24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
 
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day
Upcoming Mass Layoffs at Microsoft Not Limited to Gaming/XBox
from Microsoft staff
What Could Run the World Instead of "Linux"
Had it not been for GNU (the software, the licence, the compiler GCC), we'd probably not have Linux and perhaps BSD would be more widespread (no copyleft, so expect proprietary derivatives)
IBM's Shares Have Just Collapsed Again as a Result of the Phony 'Results'
Of course all the so-called news is shallow parroting of IBM or "churnalism" void of real analysis
EPO President to Meet the Union, But He Needs to Resign
Colleagues or workers of the EPO have only just been told that the boyfriend of the sister of "Cocaine Communication Manager" will be talking to the union (SUEPO) tomorrow mornin
Gemini Links 22/04/2026: Movies, Vim, and Bash
Links for the day
International Business Machines Corporation: Paying Peanuts, Getting Monkeys
they don't pay enough to retain key people
No, Finding Security Bugs Takes Time and Care (Human Touch, Real Grasp of Real Code)
This too shall pass
Move to GNU/Linux, Save This Planet
If you are an environmentalist, it's hard to justify still using stuff from Apple or Microsoft
SLAPP Censorship - Part 54 Out of 200: Alex-Matt/Automate Twin Cases, Separated at Birth, Drafted by Brett Wilson LLP and 5RB
Perhaps their solicitor K.C. (not the legal title) sought actual redemption and followed the Cross, not the dagger
When Peak Oil Isn't Just "Alarmist Propaganda"
the current conditions favour less consumption
Combatting Racist Abuse
Take racism seriously
They've Failed to Ruin Our Community, But They Still Try
The cost of liberty is not zero. The cost of it can be supremely high.
IBM "Results" as a Smokescreen to Distract From Mass Layoffs at IBM Every Month in 2026
How can we as a society function if we do not get properly informed and educated about what goes on around us?
'Nuclear Winter' at Microsoft This Summer?
At Microsoft so far this year there have been many layoffs, but the company tries to keep them secret
Links 22/04/2026: LLM Slop "Damaging Users’ Cognitive Abilities", UK-based Publishers Urge CMA to Curb Slop-Wielding Plagiarists Like GAFAM
Links for the day
EPO Cocainegate Escalates - Part IV - António Campinos Allegedly Sleeping With Sister of "Cocaine Communication Manager" Luis Berenguer to Secure Third Mandate
Based on our understanding, "the f---ing president" Campinos - to quote rather than merely paraphrase his description of himself - is dating Ana Berenguer, sister of "Cocaine Communication Manager" (Luis Berenguer) and daughter of another Luis Berenguer, a friend of the late Jorge Campinos (António's father)
Clownflare (Cloudflare) and the 'Ecosystem' It Wants to Replace
Vercel & Next.JS Hacked - Nothing New to Report
Today, or Tonight, Look for What IBM is Hiding, Not What It's Telling Shareholders
It shapes the narrative while cooking the books
Brett Wilson LLP Working for Racists and Losing (at the Same Time It Works for Men Who Assault Women in America)
Brett Wilson LLP is basically attacking whistleblowers
The Corrupt Lecture the Non-Corrupt - Part IV - Demanding Respect From Those You Are Attacking and Robbing
"literature" aimed at staff looks increasingly comical, hypocritical, one might say inappropriate
What It Will Take for More Nations in Europe to Move Fully to GNU/Linux
It would be false to say that France is hostile towards the US
Gemini Links 22/04/2026: Voyage into Cheapness, Heat and Pressure in a Contained Ideal Gas, Tidepools
Links for the day
Links 22/04/2026: YouTube Deletes Channels to Promote US Hegemony, "Kash Patel’s Defamation Suit Against The Atlantic Is Designed To Generate Headlines, Not Win In Court"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 21, 2026
IRC logs for Tuesday, April 21, 2026