Bonum Certa Men Certa

Microsoft Extortion Up Another Notch With LG

LG



Summary: Microsoft is once again claiming to have extorted the competition, making money from products that it does not make and never contributed to

AS patent battles rage on (because some companies are unable to compete without suing) we find that Microsoft and Apple are prominent behind the attack on Linux/Android. Even when the lawsuits are not direct there are some clear links to be seen which tie the duopoly to Android smears in particular.



While Apple fan sites keep worshipping more ridiculous patents from Apple we keep finding more "patently absurd" Microsoft patents whose aim is just to increase the patent count and thus establish weapons of extortion (quantity over quality, overwhelming the defendant/victim with cruft). Barnes and Noble has been fighting back against those extortions and Microsoft chickens out for reasons that Groklaw explains in one of its most recent posts about Android:



Barnes & Noble has responded to Microsoft's Motion for Leave to Reply to a Barnes & Noble document titled "Barnes & Noble's Statement of Additional Material Facts". It was under seal, as was Microsoft's motion, but Barnes & Noble's Opposition [PDF] isn't, so finally we get to find out a few more clues on what is going on.

Also, the parties have stipulated [PDF] to Microsoft dropping from the ITC investigation some of its patent infringement claims, which they say Microsoft is doing "to simplify" the investigation, "streamline the hearing", and conserve resources "in consideration of the amount of time allotted for the hearing". And maybe because they were stupid patents to begin with.

Like *that* could ever be acknowledged by Microsoft in the open air. Quite the contrary. They state that this stipulation "is also not an admission as to the merits of any claim". It just *looks* like that is what it is.

Actually, it's more likely strategic. I was reading up on patent misuse last night, and the Federal Circuit has narrowed what kinds of horrible behavior can be called patent misuse, and one requirement now is that the misuse must be associated with a particular patent. Part of the stipulation says that Barnes & Noble isn't to use the fact that Microsoft dropped these claims "as evidence in support of their affirmative defense of patent misuse" before the ITC, but they can otherwise use them. So that's what that convoluted language is probably about.


A company that has already sold out to Microsoft over Linux is now selling Android out (Android was a matter of time) and the elaborate Slashdot discussion says a little more (it is a secret deal, as usual).

A Microsoft booster echoes the Microsoft propaganda in this post which we criticised earlier (this booster hangs out in our IRC channels) and to quote one article:

LG has become the latest in a long line of Android handset vendors to sign a patent licensing agreement with Microsoft. The agreement allows the South Korean conglomerate to use Microsoft patented technology in phones, tablets, and other consumer electronics running both Android and Chrome OS.


Microsoft tried to trap GNU/Linux there too (Chrome OS) as according to the British press:

Chrome is included in the deal but LG doesn't have any products using the Google operating system to date. This could signal that the firm is planning on making a Chromebook or similar device.


Here is a report from another British site:

Microsoft has been seeking royalty payments from handset manufacturers for its patents used in the Google operating system. LG is the 11th Android phone manufacturer to do such a deal.


Groklaw explains that Oracle too is still trying to tax Android and some sources say that the case might be dragged on until 2013 (another SCO).



How many times will Oracle get to submit a proper damages report before the court says enough is enough? Apparently, more than two. The court, having now substantially rejected Oracle's (Prof. Cockburn's) second attempt, is asking both parties whether Oracle should be permitted a third attempt. Let's guess how both the parties will respond.

But a third (or fourth or fifth) response by Oracle may be a two-edged sword. Each successive response is almost certain to have an impact on the trial date and will also extend the time available to the U.S. Patent and Trademark Office to continue invalidating the asserted patents. Oracle could end up doing a revised damages report only to find there has been no damage. Maybe Google should tell the court to allow Oracle all the attempts it needs to accomplish what the court asked Oracle (and Prof. Cockburn) to do last July.


Delays again, eh? That serves Larry Ellison's best friend very well. He may be dead, but his "thermonuclear" war on Android carries on.

Recent Techrights' Posts

Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
 
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)