Bonum Certa Men Certa

How Microsoft Lobbyists Expose Google to Legal Trouble Amid Google Gains

"Where are we on this Jihad?"

--Bill Gates



Ballmer on patents
Original cartoon



Summary: An analysis of Microsoft's ongoing political and legal attacks on Google; a glimpse at Microsoft's Fog Computing gameplay, which leads to unprecedented levels of lock-in and is a reactionary strategy amid Google's rise to power

MICROSOFT AND GOOGLE are fighting over people's data, including their communication (data going down the wires, not just data stored locally or in Fog Computing). Microsoft advocates the use of Windows, whereas Google advocates GNU/Linux with more Free software components inside the stack, e.g. Apache and Python. Neither company is "good" or "evil"; like in many wars, both sides can be "evil", but it's all very subjective. To us, what matters is that neither company promotes software freedom, but Google is a lot closer in the sense that some of its products and its funding go towards enabling software freedom (e.g. Summer of Code, Chromium, and maybe Wave to a certain extent).



It should be easy to see why we defend Google from AstroTurfers like LawMedia Group and 'Consumer' 'Watchdog' (Bill Gates too does his share of lobbying against Google). Microsoft has ongoing campaigns to destroy Google; the same can hardly be said about Google. Name just one AstroTurf action Google has run against Microsoft. It's hard to think of any because it's a one-way boxing match and it helps show why Microsoft is so widely detested in the IT industry.

"Microsoft Has Lobbied for Weaker Protection for Search Engines, ISPs," argues Groklaw, which points to this page/file which says (the highlight in red is Groklaw's): "Turning to the issue of limitations of liability, such provisions are important for the development of innovative Internet-based services. However, care is needed in drafting such provisions to ensure that exceptions are not so broad to include activity that is widely regarded as unlawful. Barry referred to this in his comments about Bill C-61. In Microsoft's view the Internet and other digital network service providers who profit from providing services that enable or facilitate communication of infringing copies – so for example providers of software that help users locate infringing music, movies or software files – should not qualify for exemptions or limitations on remedies. Accordingly, provisions which seek to limit liability, ISPs or search engines should be carefully crafted."

"I missed this at the time," writes Pamela Jones (Groklaw) in News Picks, "but here [above] is part of what Microsoft's Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government's Copyright Consultations round table discussion in Halifax about a year ago, in August of 2009, on the theme of desired changes to copyright law (MP3), and as you read it, have in mind the strategy that Viacom tried unsuccessfully to use against YouTube/Google, asking the court to rule that Google didn't qualify for DMCA safe harbor protection..."

“[H]ere is part of what Microsoft's Michael Hilliard, Corporate Counsel for Microsoft in Canada, said in the government's Copyright Consultations round table discussion...”
      --Pamela Jones, Groklaw
To put things in context, we've looked at recent news and gathered information which shows that in the US market (and meters that are not sponsored by Microsoft) Google continues to gain market share (not by excluding but by offering a better service).

Henry Blodget has argued that "Yahoo And AOL Should Immediately Merge" and it's not going to happen (more and more people seem to agree). Yahoo! is already somewhat of a property of Microsoft (the search part at the very least). MediaPost Communications looks at this alliance in the article "Navigating The Microsoft And Yahoo Alliance". For those who do not remember, Yahoo! was very close to signing a deal with Google, but Microsoft is then said to have hired AstroTurfers including LawMedia Group to shoot down the deal. It was utterly disgusting but very typical for Microsoft. Later on Microsoft took over Yahoo!

Anyway, there is more than just search at stake. Search is just a gateway through which a company can gain a lot of Web surfers and channel them towards particular pages, including their own proprietary services (Fog Computing and such). The Microsoft-friendly 1105 Media is promoting Fog Computing for children right now, including the Live@edu scam (there is a new press release about it and additional complaints about lack of encryption in it). The education systems are still being exploited by Microsoft in order to offer 'free' indoctrination that's akin to American EDGI [1, 2, 3, 4], which is now extending into Washington [1, 2, 3] and gets promoted by Seattle's Microsoft boosters [1, 2]. Had they been honest, they would state that it's not free and Microsoft should pay people for the privilege of having them brainwashed at the expense of their own time. Since Governor Gregoire is well within Microsoft's pocket [1, 2], nothing will be done to stop this. If anything, she is likely to encourage this abuse which is marketed using sheer spin.

Over at Minnesota there is already a surrender to Microsoft's Fog Computing, which is maddeningly irresponsible as it puts state E-mails under Microsoft's control and it's ripe to misuse [1, 2]. It's bad enough that some universities make this terrible mistake and under some new banner called "Microsoft Innovation Alliance" (we never came across it before) Microsoft is taking over many more colleges right now. To quote one example: "Software major Microsoft has enrolled BV Raju Institute of Technology (BVRIT) as its member under the Microsoft Innovation Alliance programme."

That'll be regrettable.

Based on what we learned in IRC last night, MTS (Canadian ISP) is also throwing its communications at Microsoft's servers. To quote:

Well, I guess there's no worry of getting heck for mentioning this since MTS has a press release about it on their website (August 7th)

MTS is phasing out their in-house email service, and switching to Microsoft Windows Live.

http://www.mts.ca/portal/site/mts/me...001342a8c0RCRD

"New customers will be able to take advantage of this new service starting August 17, and existing customers will be contacted by email with directions on transitioning to Windows Live services starting in October. Once the customer completes the transition, their existing emails and content in the customer's current MTS Webmail online account will be transferred to their new Windows Live account all within a few minutes."


This too will be regrettable because Hotmail is a disaster, just like the rest of Microsoft's services (e.g. BPOS [1, 2, 3]), which are very unreliable and now require a downtime dashboard (no kidding!) rather than a permanent solution to prevent future downtimes. To put downtime in perspective by quoting the 'Microsoft press':

Microsoft acknowledged BPOS service outages affecting customers in North America on Aug. 23, Sept. 3 and Sept. 7.


That's terrible. These downtimes were long, too. Imagine Google being down so often. It just ain't because it's built on top of Free software, which is a lot more reliable (even Microsoft uses GNU/Linux internally [1, 2, 3, 4, 5, 6], at least for the mission-critical stuff, like DNS).

"Microsoft looks into Hotfail bug" says this new headline:

WEBMAIL PROVIDER Microsoft is looking into a bug that is apparently affecting thousands of its Hotmail users.

We were first alerted to the problem by a reader, as, er, none of us use Hotmail. Ian, in South Africa has been unable to get into his account all week and, quite fairly, thought that there might have been a correlation between the Hotmail security updates we had reported and his being unable to access the service.


Nobody needs Microsoft for Fog Computing or for search. That's why Microsoft is so desperately trying to destroy Google. It's the only choice it has left. Microsoft is known for breaking stuff (like competition) and taking other people's stuff; it rarely creates anything worth using ("Usually Microsoft doesn't develop products, we buy products," said Microsoft's European business security product manager). Google has the thinkers, Microsoft has the bullies.

"The intuitive mind is a sacred gift; the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift." --Albert Einstein

Recent Techrights' Posts

The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
 
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day
Like a Shell
Overreactions can backfire
Not Only Leaders of XBox Got Sacked (Layoffs)
Phil Spencer and Sarah Bond got laid off
9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
We've said for a long time that XBox is doomed this year
Gemini Links 20/02/2026: Misfin Server and Magic in Programming
Links for the day
Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
Debian drama. Again.
analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
This coming summer Vista 11 turns 5
The New Digg.com is Slop
Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
Our Uptimes Are Always Better Than Any Site That Uses Clownflare
Clownflare as a company operates like a cult
GNU/Linux Apparently Rose to 6% in Uzbekistan
If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
They should more accurately label these actors
It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
Thankfully there are still genuine and legit GNU/Linux sites out there
Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
Links for the day
Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
We expect many layoffs in Bing some time soon
Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
Links 20/02/2026: Standards, Science, and Politics
Links for the day
What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026