Bonum Certa Men Certa

Microsoft Attacks Linux-powered Devices with Patents Once Again, Unprovoked

TiVo



Summary: TiVo is preemptively sued by Microsoft for alleged patent violation and Microsoft's PR puts together some lies to disguise the real cause

Microsoft publicly insisted that it's not suing anyone with patents, unless that someone happens to sue Microsoft first. Microsoft lied however; we know this because of cases such as Primax [1, 2, 3] and even TomTom, where Microsoft took a direct hit to intimidate Linux distributors.



Now, to be fair, TiVo is a patent aggressor which has been suing with software patents [1, 2, 3, 4, 5], but still, Microsoft was never targeted by TiVo. Nevertheless, Microsoft is suing TiVo, though it has nothing to do with Linux* based on Groklaw'a quick and detailed analysis. To quote portions:

That's, in my view, Microsoft spin, that it's doing this to help out AT&T. I would describe it more like this: remember when SCO sued AutoZone for using Linux in its business? AutoZone didn't write Linux. It just used it. So SCO sued an end user. Similarly, TiVo is suing AT&T. But AT&T didn't write Microsoft Mediaroom, the implicated software. Microsoft did. So naturally, AT&T has demanded that Microsoft indemnify AT&T, and so here comes Microsoft, essentially defending itself, because if AT&T loses, it's Microsoft who has to shell out the bucks.

[...]

In short, the PR version is that Microsoft is defending AT&T as a Good Samaritan. The reality as I read this is the Microsoft is defending itself, because if AT&T loses, Microsoft faces having to pay yet another pile of bucks for having infringed someone's patent, just like what just happened to it in the i4i v. Microsoft patent case Microsoft lost and is appealing. That is what is at stake in this picture. You can see that very clearly in footnote 1 on that same page:
1 If TiVo is willing to state on the record that it is not accusing and will not accuse the software used in the U-verse product and/or service, including any aspect of Microsoft Mediaroom, of infringing the TiVo patents, intervention by Microsoft would be unnecessary.
[...]

So, this isn't about helping out a friend. This is about Microsoft selling software that someone is claiming is patent infringing. Again. AT&T is just using Microsoft Mediaroom. That's why when it got sued, it called up Microsoft. So Microsoft is defending itself. You have to hand it to its PR people, though. They get their spin in print.

[...]

In short, friends, this story has absolutely nothing to do with Linux. I knew you'd wonder, because that was my first thought, too, that maybe this was another TomTom. It's not. And as for TiVo, TiVo may use Linux in its business, but it has not shown any inclination to adopt FOSS values. Linux folks don't sue people over patents. Some of us remember the GPLv3 discussions, and I'd say we nailed it.


It doesn't matter if Microsoft lies about the motives; the press blindly believes anything that PR departments are saying, so reality is suddenly an illusion and "war is peace", as the famous line goes. Almost everyone -- including The Register, Joseph Tartakoff and the business press -- repeats the same Microsoft talking points:

Microsoft Corp. (MSFT) is suing TiVo Inc. (TIVO) as part of a broader attempt to provide legal cover for partner AT&T Inc. (T).

Microsoft late Tuesday filed a suit against TiVo in a San Francisco federal court, claiming that the Alviso, Calif., maker of digital video recorders illegally uses technology related to purchasing and delivering video and the ability to display programming information. Both are seen as an attempt to counter an earlier suit filed by TiVo against AT&T, which uses Microsoft's technology in its television service. Microsoft on Friday requested to intervene in the case on AT&T's behalf.

Microsoft is standing up for AT&T because the telecommunications company is the largest, and most influential, customer of its Internet video platform. When AT&T chose to go with an Internet-based TV service, it opted to work with Microsoft, which powers the video delivery platform, as well as the digital video recording technology. As a result, it feels the need to shoulder the legal burden for AT&T.


Here is Slashdot discussing this, as well as Microsoft sites:

Microsoft has filed a patent-infringement case against TiVo in one federal court and asked to intervene in a dispute between TiVo and AT&T in another federal court -- setting the stage for a legal battle over some of the most popular features used to watch television on digital video recorders.


But they are wrong. That's just Microsoft's excuse, for the reasons given above.

In any event, as Microsoft goes patent lawsuits-happy, it is possibly repeating the mistakes of old Apple. TechDirt has a short new essay about it, titled "When Declining To Enforce Your Intellectual Property Rights Strengthens Your Market Position"

Over the years we've shown many examples of times when it makes much more business sense not to enforce your intellectual property rights, but reader Jerry Leichter sends in another example.


The fact that Microsoft is suing everyone with patents confirms what Jeremy Allison has just said; Microsoft is in trouble, and like any cornered animal in this type of situation, it is attacking. Only a Microsoft MVP [1, 2, 3] would trust Microsoft at this stage. _____ * This causes damage to Linux only indirectly, as without TiVo there would be less Linux use. According to Comes vs Microsoft exhibits, Microsoft wants to plant .NET/Mono in devices like TiVo (because of software patent royalties).

Recent Techrights' Posts

In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
 
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026