06.01.16

Microsoft Extortion Against Android OEMs (Even Chinese Companies) Continues in Spite of Departure of Horacio Gutierrez

Posted in Google, Microsoft, Patents at 6:26 am by Dr. Roy Schestowitz

Xiaomi patent settlement

Summary: Microsoft reminds us that it is still engaging in patent extortion by signing yet another patent settlement deal which requires surrendering to Microsoft

JUST over a month ago Microsoft officials made it clear that the patent war against Android was still on. Now it’s confirmed by actions.

Today’s post is reactionary, as usual, and it will be about Microsoft extortion. We shall provide some background information to help explain why European regulators should put Microsoft on trial instead of taking Microsoft’s lobbying in Europe seriously, imposing fines on Google and acting as Google watchdogs.

Microsoft’s patent extortion against companies in China isn’t entirely new. Remember what it did to ZTE 3 years ago. Chinese authorities got visibly irritated by Microsoft’s patent shakedown and released a previously-secret list of patents Microsoft uses to extort companies in China, compelling them to obey Microsoft’s demands so as to avert costly litigation. Xiaomi is the latest victim, but to Microsoft the high-prized deal would be with Huawei, which is a growing force and dominant OEM in the Android domain. Huawei, based on reports we mentioned in past years, doesn’t surrender.

“Xiaomi is the latest victim, but to Microsoft the high-prized deal would be with Huawei, which is a growing force and dominant OEM in the Android domain.”More patent extortion from Microsoft serves to remind us that there is no strategic change at Microsoft. Microsoft cannot coexist with Linux and leave it alone/live in peace; it cannot help itself, it’s a scorpion (riding on a tortoise/turtle as per the famous parable) and it just keeps pinching that which it’s exploiting for a free ride (Android in this case) while relying on regulators — through lobbying — to prevent defensive reaction from Google. Horacio Gutierrez may be gone, but nothing substantial happened or changed. Don’t believe for a second that just because Microsoft’s patent Mafia don has left it somehow means the extortion strategy stopped. Microsoft never rescinded or withdrew this, except on April 1st (as a prank).

For those who are not sure what Microsoft is doing here, how it misleads the media, and what it means in practical terms, see this article about Acer. The above is repetition of the same strategy. They are putting lipstick on a pig again.

“This has nothing to do with access to services, it’s just how they dress up patent extortion and the coercion which comes with it.”In short, Microsoft tells Xiaomi, “do what we say or we’ll sue you with patents.” In other words, Microsoft threatens litigation and gives a “get out” clause (make Android become just a Microsoft platform). Having just killed Windows on mobile, this is all Microsoft has left. It uses blackmail tactics to impose its malware/spyware on potentially billions of phones. The ‘official’ announcement says this:

Microsoft Corp. and Xiaomi Inc. have expanded their global partnership to provide innovative user experiences on mobile devices. As part of the agreement, Xiaomi will ship Microsoft Office and Skype on Xiaomi Android smartphones and tablets. As a result, tens of millions of consumers and business customers in China, India and around the world will have new ways to work, collaborate and communicate. The companies’ new collaboration also includes a cross-license and patent transfer agreement.

Don’t be misled by “cross-license and patent transfer agreement.” It’s a settlement basically. The FFII’s President responded to this as follows: “Microsoft is the biggest patent troll.”

This has nothing to do with access to services, it’s just how they dress up patent extortion and the coercion which comes with it. And they tell us Microsoft “loves Linux”… does anybody still believe that? Not even Microsoft’s marketing staff should be gullible enough to believe it.

Update: Based on updates given to relatively high-profile reporters (and those who updated their puff pieces accordingly), Microsoft managed to get ‘protection’ money too, albeit not in the traditional form. Xiaomi has just been pressured to have paid (unless it just wanted to pay) Microsoft for useless patents; this is either a novel way to disguise another case of blackmail against Linux or part of Xiaomi’s patent hoarding efforts. Either way, it’s starting to become apparent that Xiaomi paid Microsoft, one way or another (the amount is not known). “The Wall Street Journal reports that Xiaomi will purchase 1,500 patents from Microsoft as part of the deal,” says one writer, citing an article that says “Xiaomi Corp. has agreed to purchase around 1,500 patents” (the term “agreed to purchase” suggests that it came from Microsoft, not from Xiaomi).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/06/01/microsoft-oem-shakedown-xiaomi/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. dennis.cellodude said,

    June 1, 2016 at 8:48 pm

    Gravatar

    Thank you for this article. I am looking to get a new smartphone and it was a toss-up between Xiaomi and Huawei.

    Having read this article, I’m definitely going for Huawei. I consider myself fortunate to have been pointed here by Linux Today.

    DL

What Else is New


  1. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way



  2. IRC Proceedings: Wednesday, May 12, 2021

    IRC logs for Wednesday, May 12, 2021



  3. Andrew Lee of Private Internet Access/London Trust Media Increasingly Owns and Controls Freenode

    The details about Freenode ownership and control are explained in a resignation letter urging users to move to another network



  4. [Meme] eBPF is Not Microsoft's, But It's Certainly Googlebombed by Microsoft

    eBPF isn't Microsoft's. But sites that work closely with Microsoft keep mentioning that term as if Microsoft created it and champions it (typical tactics).



  5. Links 13/5/2021: OpenSUSE Leap 15.3 on Finer Hardware, AMI Dabbling in Free Firmware

    Links for the day



  6. The EPO's War on Justice and Assault on the Law -- Part 3: The Current Line-up

    The composition of the Enlarged Board for case no. G 1/21



  7. System76’s First Keyboard Packs in Plenty of Surprises

    Putting the genie back in the bottle is hard, and moreover the corrective post from Joey Sneddon may cause a bit of a 'Streisand Effect'



  8. Links 12/5/2021: HAProxy Data Plane API 2.3 and Mousepad 0.5.5

    Links for the day



  9. IBM is Destroying Red Hat, Squeezing Red Hat's Work for Cash, Laying Off Staff, and Asking Staff to Resign

    Layoffs are not a new thing at IBM (hardly so in the past couple of decades or more), but they're oversensitive about the Red Hat agenda



  10. [Meme] Longing for the Original IP Kat...

    It would be nice to see more posts critical of injustice at the EPO, as we've just noted



  11. The EPO's War on Justice and Assault on the Law -- Part 2: Just Another Pro Forma Rubber-Stamping Exercise?

    Half a decade after Benoît Battistelli ‘kidnapped’ and then defamed judges (it started in 2014) António Campinos has done nothing to restore lawfulness at the EPO, as controversial referral case G 1/21 shows; in fact, they recently approved European software patents after pressure from Campinos himself



  12. Why I'm Using Just a Landline and Recalling My Richard Stallman (RMS) Interview on Working Locally or How the Signal Processor in Phones is a De Facto Back Door

    A longer-than-expected rant about what mobile phones have turned into and a look back at (or listen to) what Richard Stallman (RMS) told me way back in 2013



  13. The European Campinos Award

    The campinos (peasants) of Europe shall gather around for another ceremony championing farmers and nurses... or not



  14. Personal Thoughts About the EPO 'Kangaroo Court' Scandal

    Some unscripted and unedited thoughts about the current EPO scandal/series, which shows intervention such as stacking by António Campinos, continuing the tradition of Benoît Battistelli with his attacks on justice itself



  15. Doing Justice by Reporting Injustice

    Europe's second-largest institution, helped by Europe's largest, is engaging in a massive attack on the very concept of the Rule of Law and incredibly enough the so-called 'press' (or 'media') doesn't report on it



  16. IRC Proceedings: Tuesday, May 11, 2021

    IRC logs for Tuesday, May 11, 2021



  17. Links 12/5/2021: New Audacity and Musescore Owner Named, Microsoft May Lose "JEDI" (Trump's 'Bailout Package')

    Links for the day



  18. The EPO's War on Justice and Assault on the Law -- Part 1: Rumours of a Kangaroo Court at EPOnia

    EPO's President Benoît Battistelli viciously attacked judges and slandered judges; António Campinos adopts a more 'soft power' approach, but nevertheless the impact is the same



  19. Bill Gates Exposed

    While publishers like ZDNet worked hard (on Microsoft's budget) to distract us from real scandals many nefarious things were happening; are we witnessing the fall of Gates?



  20. Welcome to ZDNet's 'Linux' Section...

    ZDNet, which defamed RMS to help distract from Bill Gates scandals, is doing what the sponsors (IBM, Microsoft, Linux Foundation) pay for



  21. Europe's Second-Largest Institution, the EPO, is Partly Based in the United States

    The EPO has outsourced its operations, including its 'courts', to the United States; this seems to be the so-called 'New Normal'



  22. You Look for Linux News and Instead It's Microsoft Noise and Openwashing

    Imagine trying to go about doing your own 'business', only to be confronted by paid-for plugs (sponsored) by the people trying to undercut/undermine your business; welcome to "Linux" in 2021



  23. Links 11/5/2021: Maui 1.2.2 and Tor Releases

    Links for the day



  24. The Next Generation of Free Software (or Software Freedom) Activism, Tackling Newer Problems

    New challenges as labour rights and human rights are further eroded, thanks to 'high' 'tech' with its very 'innovative' 'features'



  25. Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

    “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners



  26. EPO 'Dialogue' With Staff Representatives is as Dead as 'Dialogue' With the Union

    “Yet another failure of social [sic] dialogue [sic] for Mr Campinos,” according to staff representatives, who rightly bemoan the Office president not giving a damn about staff; things quickly deteriorate in Europe’s second-largest institution, which does even worse things than granting loads of illegal European software patents (harming software producers and users alike)



  27. The FSF Needs to Reject OSI (and Open Source) Along With Much-Needed Rejection of the GNOME Foundation (Not the Same as the GNOME Project)

    Response to a good little speech (unscripted apparently) by Geoffrey Knauth, who explained his position on Open Source about a year ago



  28. Links 11/5/2021: Bodhi Linux 6.0, Coreboot 4.14, and DragonFly BSD 6.0

    Links for the day



  29. IRC Proceedings: Monday, May 10, 2021

    IRC logs for Monday, May 10, 2021



  30. Keynote by FSF President Geoff Knauth and Executive Director John Sullivan

    To quote the source: “FSF president Geoff Knauth became the president of the FSF in 2020, but has served on the FSF board of directors for over twenty years. FSF executive director John Sullivan started work with the FSF in 2003, and has never stopped since, with past roles including the FSF’s first Campaigns Manager and later the Manager of Operations.”


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts