Bonum Certa Men Certa

Microsoft's Patent Blackmail Against Samsung Part of a Strategy of Divide and Conquer Against Android

Samsung was the largest Android OEM when it all started

Microsoft's embrace and extend strategy with patents
Microsoft's embrace and extend strategy with patents (for coercion under legal threats)



Summary: The 'new' Microsoft turns out to be the same old Microsoft, where software patents are used not just for extortion and extraction of 'protection' money but also to compel OEMs to use Microsoft's own 'version' (or distribution) of Android

THE EPO scandals are certainly outrageous, but another outrageous thing which we have spent more than a decade covering is Microsoft's patent blackmail against GNU/Linux. Recently, we took note of another wave of Microsoft patent attacks (albeit shrewdly marketed as "IP Advantage") on GNU/Linux and Free software. For those who missed it, there is a listing of our articles about it [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], which will soon be shelved in some Wiki page.



"Recently, we took note of another wave of Microsoft patent attacks (albeit shrewdly marketed as "IP Advantage") on GNU/Linux and Free software."In short, Microsoft is trying to divide the market into "safe" and "unsafe", or "protected" (from Microsoft and its trolls) and "unprotected". The former requires annual or monthly payments to Microsoft (subscription plus patent royalties, similar to Novell with SLES/SLED in 2006 onwards). In the mobile space, as one might expect, Microsoft is using a similar strategy. Microsoft will be Microsoft. It will continue to embrace and extend, then attempt to become an Android OEM while siccing patent trolls on all others. 3 years ago Microsoft sued Samsung, the biggest Android OEM at the time, using patents and then they settled, with the condition/provision of Samsung being Microsoft's slave, preinstalling Microsoft malware (sends user data to Microsoft) on Samsung's Android devices. We never forgot about that, but Mary Jo Foley seems to have conveniently left that out of her new article. She ought to know this because she covered the subject of the lawsuit pretty well 2 years ago (she was one of our primary sources at the time, hence we reproduce her article at the top). What is shown now is that "Microsoft touts Microsoft-customized edition of Samsung Galaxy S8".

So Samsung's 'flagship' product is becoming just a vessel or a carrier of Microsoft malware. Does Microsoft pay Samsung for this? No. That's just part of the patent settlement we presume. And Microsoft is now selling these phones, i.e. making a profit as an Android OEM, where Android is not really Android but some 'bastardised' version of it which is dominated by Microsoft and designed to give Microsoft total control of everything (collecting input from the file system, cameras, microphone and so on).

"And Microsoft is now selling these phones, i.e. making a profit as an Android OEM, where Android is not really Android but some 'bastardised' version of it which is dominated by Microsoft and designed to give Microsoft total control of everything (collecting input from the file system, cameras, microphone and so on)."Is this justice? Is Samsung happy about this?

In the meantime, Florian Müller writes about another patent bully that victimised Samsung, namely Qualcomm with its software patents [1, 2]. To quote some relevant parts:

When routinely checking for Twitter news about Qualcomm's antitrust issues, I found a job ad for an antitrust counsel at Qualcomm. Seriously, if you're an antitrust lawyer looking for a job, this might be one of the most interesting places to be in the months and years ahead. While some secondary issues such as a case brought over oversight duties go away from time to time, various regulators on multiple continents are currently doing everything to provide job security for San Diego-based antitrust attorneys...

[...]

At first sight, that denial appears to be complete and clear, but at a closer look it doesn't convince me. Apart from the fact that Qualcomm obviously could never admit to totally anticompetitive behavior (restriction of competition), in this case going back to an agreement signed in 1993 and failed negotiations a few years ago, the denial merely says that Samsung could somehow have sold chips to third parties, but not that Samsung could have sold, for example, CDMA-capable chips to third parties.

As AndroidAuthority notes, Qualcomm sued a Chinese Samsung customer (Meizu), which built some devices incorporating Samsung's Exynos chipset, and I agree with AndroidAuthority that "we have to wonder why the Korean giant only sells its mobile SoCs to one small company in China" (in light of Samsung's large customer base for other types of chipsets).


This is why phones have become so incredibly expensive (manufacturing of the underlying components is not expensive). It boils down to patent tax everywhere. That money one pays for an Android device ends up not entirely in the coffers of the OEM but all sorts of patent parasites, including Microsoft.

"That money one pays for an Android device ends up not entirely in the coffers of the OEM but all sorts of patent parasites, including Microsoft."Microsoft does not want the patents challenged in a court, and it makes it so by strategically picking victims and throwing a huge number of dubious patents at them. In that regard, Microsoft operates much like a patent troll. Consider Erich Spangenberg. This is the crook who used a bogus (now invalidated!) patent to blackmail thousands of companies, eventually becoming a multi-millionaire from 'protection' money. It ended when he picked on a victim not sufficiently frail and vulnerable, namely Newegg, which chose to fight back again and again (and won repeatedly, in spite of all the expensive appeals). Now armless, Spangenberg seems to be walking away with his loot, based on this new article from trolls' media. It says: "The current status of IPNav – the company founded by Spangenberg back in 2003 as one of his first major forays into patent monetisation – is unclear. Spangenberg stepped down as IPNav’s CEO in 2014 to dedicate time to other projects, handing over the reins to company president Deirdre Leane. Leane’s LinkedIn profile indicates she became vice president of licensing at Technicolor in December, while IPNav’s website is currently offline awaiting relaunch."

Technicolor has itself become a patent troll, as we noted several times this year (in January and again in February). We certainly hope that the USPTO, together with the US courts, will help curb patent trolling. More action is also required when it comes to serial patent aggressors; antitrust action may be needed against Microsoft's crooked modus operandi.

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

--Mark Shuttleworth



"Microsoft is asking people to pay them for patents, but they won’t say which ones. If a guy walks into a shop and says: “It’s an unsafe neighbourhood, why don’t you pay me 20 bucks and I’ll make sure you’re okay,” that’s illegal. It’s racketeering."

--Mark Shuttleworth

Recent Techrights' Posts

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
 
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories