Bonum Certa Men Certa

Signs of Defeat: Microsoft is Suing Linux Again, Using FAT Software Patents

Microsoft is throwing gorilla dust again

Salt throwing



"We counted over a million lines of code that we allege are infringed in the Linux kernel today." --Darl McBride (SCO), September 11th, 2003

Summary: Microsoft declares patent war on Motorola, which has a very extensive patent portfolio of its own and may never again partner with Microsoft as a result

MICROSOFT grew out of a culture of aggression and its founders are fiends*. Having heard testimonies about extortionists like Bill Gates we are not surprised to see Microsoft going down the same path as SCO. As an increasingly frail company that fewer and fewer people care about, it just needs to roar a little, due to bad judgment from eccentric managers like Steve Ballmer, who famously said that "Linux is a cancer that attaches itself in an intellectual property sense to everything it touches."

What Ballmer was trying to say is that he cannot compete against GNU/Linux unless he creates and lobbies for something imaginary which he calls "intellectual property" (that would be deceiving terminology for software patents). Ballmer cannot be too happy to see all those dying Microsoft products which he must drop as the company's value drops too.



Some years ago we still saw some real announcements coming from Microsoft. Occasionally they announced some new products, but in recent months/years the announcements were often about the death of products and yesterday the main announcement was about Microsoft suing a partner/competitor using software patents. Linux is part of this lawsuit based on the following list of patents from Microsoft Emil (the first few correspond to FAT):

The nine patents in question in the ITC complaint include:

* 5,579,517: Common name space for long and short filenames * 5,758,352: Common name space for long and short filenames * 6,621,746: Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations * 6,826,762: Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer and a hardware-specific driver layer * 6,909,910: Method and system for managing changes to a contact database * 7,644,376: Flexible architecture for notifying applications of state changes * 5,664,133: Context sensitive menu system/menu behavior * 6,578,054: Method and system for supporting off-line mode of operation and synchronization using resource state information * 6,370,566: Generating meeting requests and group scheduling from a mobile device



There are also comments on this article in LWN.

Microsoft is just suing Linux/Android, which is winning. Apple must be happy to see Microsoft do this. The brutes from Microsoft are now suing the last major hardware company which sells Android-powered phones and does not pay Microsoft for the 'privilege'. The rest of them, all of which are based in Asia, already pay for imaginary Linux patent infringements (never named, just numbered but not enumerated based on some hypothetical basis).

“After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ?”
      --Reader from Brazil
All the major Android-distributing companies -- notably HTC, Samsung, and LG -- already pay Microsoft for Android (or at least claim to be paying Microsoft for it). All along we kept arguing that the only large distributor of Android which did not pay Microsoft for Linux was Motorola, which has patent prowess just like Nokia. "Guess this time they [Microsoft] went too far," said to us one of the readers. "Motorola has thousands of patents, covering broad areas(uProcessors, Telco)."

"Nokia could join with Motorola and sue the ASS out of M$. This time they're not fighting Tom Tom like firms," said another reader. To quote other responses from Techrights readers: "After suing another Open Source project, how come M$ say it loves Open Source ? What about Outercurve farce ? Shameless face..."

Microsoft's lawsuit in this case is not so different from the legal action against TomTom (mixture of patents targeting Linux and other areas). HTC appears to have surrendered to Microsoft only after Apple sued them too. Our guess is that Microsoft has been extorting and pressuring Linux/Android vendors for quite a while and Motorola refused to pay for the non-existent/unbacked claims. Here is the coverage from Murdoch's press

Android has since replaced Microsoft as the mobile operating system of choice for handset vendors that don't already have their own proprietary software. And while Samsung Electronics Co., LG Electronics Co. and HTC have committed to making Windows Phone 7 devices, all of them have a much larger presence in Android.


In IRC, one reader hypothesises that the timing of this lawsuit was intended to almost coincide with the release of Vista Phone 7 [sic], perhaps in order to ensure that people talk about Android being "not free" while Microsoft keeps waving its lousy new platform, attempting to use half a billion dollars in marketing just persuading carriers/manufacturers to support Vista Phone 7.

Mitchell Ashley remembered quite correctly Ballmer's words which are analogous to his early laughter at the hypePhone. Ashley chose the headline: "Steve Ballmer: Google Android "just some words on paper". You can say the same about Windows Mobile 7 today."

Google Android is winning over customers, whether Microsoft's Steve Ballmer wants to admit it or not. In a Tokyo press conference in 2007, Ballmer referred to Google's upcoming Android OS as "just some words on paper right now" and "right now they have a press release -- we have many, many millions of customers…".


We've had a very long discussion about what Google and OIN should do about it. gnufreex wrote: "I am now thinking Google should buy some patent troll and go after everything Microsoft makes."

A complaint could probably be filed by Google because this is racketeering [1, 2, 3, 4, 5, 6, 7]. Microsoft is trying to embargo Motorola phones, using a sort of economic pressure/sanction (International Trade Commission [1, 2, 3, 4, 5, 6]) in hope of making Motorola settle rather than pursue justice in court. Microsoft did the exact same thing to TomTom. It's vicious.

Microsoft said today that it has filed suit against Motorola for patent infringement related to Motorola’s Android smartphones. Microsoft filed the suit in U.S. District Court in Washington and also filed a complaint to the International Trade Commission.


Here is an example of very poor coverage of the lawsuit

Microsoft says Motorola's Android phones are patent infringers


Techrights' inception as "Boycott Novell" about 4 years ago was designed to end Microsoft's patent attacks on GNU/Linux. These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.

“These attacks began shortly after Novell and Microsoft had signed their patent deal, which was initiated by Novell in the middle of 2006.”Beware the spinners who keep pretending that Microsoft has turned soft on software patents. This lawsuit only provided further justification for avoiding Mono and Moonlight, especially in Android (c/f MonoDroid [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]).

Microsoft has gotten desperate and its mob/lobbyists are spinning this lawsuit as reasonable.

If the allegations are true and Microsoft Florian is indeed one of the mobbyists [sic] on the company's payroll (like ACT), then utterly disgusting techniques is all this monopoly abuser has got left, trying to force its way back in by 'spamming' blogs and getting told off for it, e.g. in the following comment:

When will you stop spamming the intewebs, Florian? Are you get paid per post?

You anti-FLOSS crusade is so ridiculous that it is not even funny anymore. It is really pathetic that Microsoft sends failures like you to do perception management.


To quote one line of nonsense from this mobbyist, "Google must now act constructively and try to work out amicable arrangements with those right holders." Amazing! ___ * Bad behaviour descends from above. For example, "we will have to consider the patents they violate," wrote Bill Gates about Star/OpenOffice some years ago.

Comments

Recent Techrights' Posts

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt