Bonum Certa Men Certa

Bogus Patents as the Last Resort

Ballmer sweats



Summary: Competition crimes/violations from Apple and Microsoft in particular but also in general, exploiting the broken patent system in the United States

IN MONTHS or years to come we are likely to cover Apple's and Microsoft's patent attacks on Linux. It's really that old guard and a case of last resort in action. Apple and Microsoft have reached the point of actually collaborating (or colluding) in their fight against Linux/Android. They use some bogus patents, embargo based on fake evidence, extortion, and patent trolls.



Windsor apples No fruit, just lawsuits!



Apple fan sites, in their usual way, spin Apple as a "victim" by saying that "Apple [got] Sued by a Third Party using Powerful Patents from Palm & 3Com". To quote this fan site would be unwise, but it's just something to be aware of. The reality is, Apple has been threatening several Linux-based platforms over the years, always using patents. It also threatened Palm. So who is Apple to claim to be a victim of Palm patents? How silly do these fan sites have to be? The patents in questions are worse than a joke; they are an insult to the USPTO and a real harm to everyone who buys electronic products. Apple and Microsoft just generally cannot compete fairly, so as Google puts it (paraphrased) "when Microsoft’s products fail, it wields patents". The same goes for Apple, whose sales are falling behind those of several Android backers, even in isolation.

The problem with patents is widely understood. A OECD study says the quality of patent filings has fallen dramatically. To quote:

The quality of patent filings has fallen dramatically over the past two decades. The rush to protect even minor improvements in products or services is overburdening patent offices. This slows the time to market for true innovations and reduces the potential for breakthrough inventions, according to a new OECD report.


In other news of more minor relevance, things are not so rosy in India, either:

Reference to the name Upaid instantly reminds one of January 2009, the Satyam shock and class-action suits. The dispute between the two ended up with a tax issue, which was referred to the Authority for Advance Rulings (AAR). Among withholding tax issues, the AAR recently ruled on “hidden royalties”. Upaid was in the business of designing and developing software technology relating to payment-processing platforms and services. It conceived of an intelligent processing platform for which it outsourced the software development to Satyam. After all the agreements were done and dusted, two products — Call Manager and Net Manager — were developed. Patents were approved.

Two employees of Satyam also produced declarations that they had developed the patents which were assigned to Upaid, who turned out to be bad paymasters, forcing Satyam to acquire 22.06 per cent of its equity and offset its receivables. Disputes resulted in the termination of all agreements, with Upaid getting the intellectual-property (IP) rights and Satyam discontinuing software development.


Notice the terrible language in this article, not just "intellectual property" but also "develop patent". How on Earth does one develop a piece of paper with ink on it? This whole system seem to have become somewhat rotten, especially when nothing physical is produced (e.g. in the software industry), which implies natural abundance.

Dr. Glyn Moody has this good new analysts of the antitrust violations of Microsoft as well as those mafia-like tactics which we wrote about before (that make it racketeering too). To quote:

Why Barnes & Noble is an Open Source Superstar



As I've noted many times, one of the biggest threats hanging over open source is patents, because of the way trivial but indispensable software techniques have been patented in some jurisdictions (mostly the US). Things are made worse by the fact that vague threats can be made in this area, for example this famous assertion in 2007:

Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS users to pay royalties. Revealing the precise figure for the first time, they state that FOSS infringes on no fewer than 235 Microsoft patents.

It's striking that Microsoft has never said exactly which patents it thinks free software infringes upon, although not surprising. If it did, it would be possible to see whether there were any likely infringement and, more damagingly for Microsoft, to look for prior art or other grounds for those patents to be revoked. By keeping everything as vague accusations, Microsoft gets the best of both worlds: it is able to imply that free software is in big trouble, but without running the risk of being proved a paper tiger.

That's what makes Barnes & Noble's principled stand against Microsoft's patent bullying so important. As PJ writes on Groklaw:

Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft's patent campaign tactics against Android in lurid detail.

It reveals the assertion of "trivial" and "invalid" patents against Barnes & Noble and some shocking details about an "oppressive" license agreement that would have controlled hardware and software design features that Microsoft presented, thus limiting to what degree Barnes & Noble could offer upgrades and improved features to its customers if it had signed it, features it says none of Microsoft's patents cover. Microsoft worked so hard to keep it all secret, and I think you'll see why. It's ugly behind that curtain.

[...]

However, the Barnes & Noble filing goes further than simply listing these patents: it also provides detailed information about prior art or other reasons why they are all invalid. But even if they were valid, they are pathetic in the extreme. That Microsoft is using such flimsy weapons against Barnes & Noble exposes how its whole approach is a sham. It is obviously hoping that the sheer effort and expense of fighting them in a long-drawn out court process will persuade manufacturers simply to roll over and license them as the easier option. And indeed, that has worked with companies like HTC and Samsung signing up, to their eternal shame.

Barnes & Noble, by contrast, emerges with considerable honour here, since it refused to buckle, and as a result is able to provide us with the first real glimpse into Microsoft's new strategy as a patent troll following the continuing failure of Windows Mobile in the market. And that is a key factor, as Barnes & Noble points out in its submission to the FTC (also on Groklaw), where it calls for a full anti-trust investigation into Microsoft's behaviour


The rest is worth reading. We are working on a petition to have Microsoft executives prosecuted for these acts. Rich powerful people never/rarely get prosecuted because of the bias of the system, but at least it makes a loud statement about the lack of justice. This raises awareness.

Comments

Recent Techrights' Posts

What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
 
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026