Bonum Certa Men Certa

Microsoft Brings MPEG-LA-LA Land to the Web and Threatens GNU/Linux With Software Patent Lawsuits

 Demi Lovato - La La Land



Summary: Microsoft is trying to sneak patents-encumbered MPEG formats into the Web using Internet Explorer 9 (IE 9); Microsoft threatens (again) to go after Linux legally

IN OUR previous posts about IE 9 [1, 2] we mentioned not only security problems but also Microsoft's 'support' of the video tag, which we expected to have a negative side when implemented by Microsoft. It now turns out that Microsoft -- just like its buddy Apple -- is trying to piggyback Web video to push H.264 into the standard. The W3C's new CEO (Novell's former CTO who brags about software patents and helped create the patent deal with Microsoft) is unlikely to have a problem with this as the three people in his working group are from proponents of software patents (Apple, Microsoft, and IBM).



Here is the news article outlining Microsoft's patent-saturated vision of the Web:

The rough version of IE9 that Microsoft demonstrated includes HTML5 video encoded with a particular technology called H.264. Apple's Safari also supports this encoding and decoding technology, or codec.

But Mozilla is adamantly opposed to open-source-unfriendly H.264, supporting the rival Ogg Theora codec instead, and Opera is in that camp with its new version 10.5. Google's Chrome supports both, tying the score at Ogg Theora 3, H.264 3.


Mozilla is fighting for us, but will it be enough? Mozilla is strongly against software patents, just like most companies that are without a monopoly (patent trolls don't qualify as companies). According to this new post from Miro (formerly known as Democracy Player), the fight for free codecs intensifies and Wikipedia puts its weight behind it.

This is a concept that I had thinking about and trying to nudge towards reality for a long time; I’m thrilled that we’re finally there. There’s a bunch of interesting aspects, but perhaps the heart of it is a chance to bring open video to mainstream users and strike a blow for freedom.

Wikipedia is the most popular site in the world that posts video exclusively in open formats (specifically, theora). The steadfast commitment that the Wikimedia Foundation has to open information, tools, and formats, is amazing. They truly put their values first.


We are respectfully concerned that the W3C suffered some form of entryism in the sense that everyone there is a proponent of software patents, except Tim Berners-Lee, which is just so ironic and sad. Why are proprietary software monopolists given so much control over the Web's direction? How was it allowed to happen? Even Apple, the company that's attacking Free software using software patents [1, 2, 3, 4, 5, 6] and getting criticised for having software patents that harm the Web (this goes over a year back), was given a valuable seat, alongside its supportive friend, Microsoft. For those who have not read the past few days' posts, Microsoft is openly supporting Apple's action [1, 2, 3] against GNU/Linux. Only yesterday we quoted some of the latest FUD from Gutierrez (endorsement for Apple's legal team), who led Glyn Moody to writing a sensationalist headline which he pushed into Slashdot. It says: "Is Microsoft About to Declare Patent War on Linux?"

Microsoft's comments on happenings outside its immediate product portfolio are rare, and all the more valuable when they do appear. Here's one from Horacio Gutierrez, “Corporate Vice President and Deputy General Counsel”, entitled “Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones.”

By now, all the alarm bells should be going off: this is from Microsoft's top intellectual monopoly bloke, writing about one of the most surprising and potentially disruptive lawsuits in the world of technology – and one that doesn't even involve Microsoft directly. Why on earth is he doing it? Answer: because Microsoft has something very important to communicate.

[...]

Translated: smartphones are mostly about the kind of software that Microsoft produces; we have lots of patents in this area, and we are going to collect much more in this area – if necessary, through lawsuits (“continued activity”) of the kind Apple is bringing.

The question, of course, is against whom will Microsoft be bringing those lawsuits? And the answer, presumably, is everyone that makes smartphone software stacks, since these computer-like technologies will doubtless overlap with some of the doubtless broad and obvious patents that Microsoft will claim to have.

Some companies, used to these kind of games, will simply cross-license stuff if they have a big enough portfolio of similarly obvious patents. Others will just cough up some dosh to get Microsoft off their backs. But amidst all these conventional players, there is one very unconventional one: Linux, in its various mobile incarnations.

Taking legal action against *all* companies producing software stacks for smartphones would allow Microsoft to claim with some semblance of plausibility that it was not specifically targeting Linux this time (unlike its previous sabre-rattling statements about patent infringement that were specifically aimed at Linux). But the net effect would be that Linux would be the chief victim of such an approach, since any companies using it in their smartphones are likely to end up doing deals with Microsoft – and hence implicitly accepting its claims – whatever the open source community might think or want. It would be like Novell's pact with Microsoft, writ large and much worse.


We don't agree with Moody's exaggeration here. Microsoft is just beating the bushes (it's sometimes called "shakedown") in order to find more sellouts like I-O Data and Amazon [1, 2, 3, 4]. In the next post we will show that Microsoft uses other companies to launch lawsuits against GNU/Linux. It's very much apparent at this stage and it takes extreme discipline to sincerely deny this.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
 
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy