Bonum Certa Men Certa

Microsoft and Apple Form Another Cartel to Allegedly Attack Linux (With Nortel Patents)

Embrace, extort, and collude

Boys playing soccer



Summary: Microsoft, Apple and various allies are playing a dangerous game with software patents and those who lose the most are members of the public

A couple of days ago we alluded to the sale of Nortel's many patents and yesterday we saw it being finalised. Apple and Microsoft founded a parasite cartel to allegedly attack Android with. This helped show that no matter how passionately companies tell us that their patents are defensive and harmless, there is no legal guarantee that those same patents will one day be used offensively, as we saw in the case of Oracle and Sun (a legal attack on Android/Linux using patents on Java). The Nortel news is no longer so new, but the impact of the sale is discussed quite a lot in pro-free software sites, e.g. in relation to the prospects of those patents being used against Android. Now that Microsoft is a blatant patent aggressor against Android, the last thing Microsoft should have is more patents. To quote one person's perspective:



Is it time for Android makers and Google to form a wider consortium to rebuff Microsoft's attacks on small Android player?

US Congress, please fix your software patent mess before it kills the spirit of innovation.


Too late. It has already killed innovation and we covered examples of good, innovative products that died due to software patents [1, 2, 3]. The so-called 'consortium' which got Nortel's patents is led by Microsoft and Apple (both are also in CPTN) and the rest is just relish. They essentially stood up against a Google bid which would have helped defend Android from some extortion (coming from both Microsoft and Apple).

Quoting another report of interest:

While many believe software patents are a tax by lawyers on engineers, they still exist. But rather than being used to advance a company's technology, patents today are used to bludgeon competition. This is why Microsoft and Apple paid billions to strip patents from Nortel's carcass: new arrows in their "beat Google" quiver. Goal according to many? Use patents to pound the fast-growing Android. Since Apple et al paid $4.5 billion (yes, billion), let's look at what people had to say.


That's a good article. A lot of the other coverage was about economics and not about the real issues, which include patent aggression and malicious patent monopolies such as this one from Microsoft which the SFLC warns about:

A patent application published by the USPTO last Thursday reveals that Microsoft has been researching, since before December 2009, how to redirect VoIP calls to intercept devices and law enforcement agents. The method disclosed by the patent application is devious—subverting routing protocols so that packets sent by any person tagged by a monitoring request will be routed through a recording agent. The application discloses "gaming systems, instant messaging protocols that transmit audio, Skype and Skype-like applications, meeting software, video conferencing software, and the like" as technologies that can use this method. In other words, Microsoft has reason to believe that their interception method can be applied to the newly acquired Skype (recently deployed in Congress), Xbox 360, and the video conferencing features in Office 365.


We alluded to this earlier [1, 2].

Those who are collectively harmed in this case are the customers. They are harmed by patents in many ways, including the artificially leveraged price they have to pay for products they buy, ranging from small things like embedded devices to large things such as vehicles. Here is the second article in a while where we see even automobile companies affected by software patents.

What needs to be done about patents in general is a reassessment of their impact. Politicians are constantly being bombarded by propaganda from friends, partners, sympathisers, lawyers, and lobbyists of very rich people -- those with so many patents that they can sue almost any rival at will.

"Software patents, for example, have already turned almost every programmer into an unintended infringer, some might even say a "patent pirate" (or counterfeiter)."A lot has been said and written about the fact that by criminalising a lot of activities in society (e.g. drinking, singing "happy birthday" without a copyright licence, etc.) we let people fall into a system which classifies them as villains but selectively enforces the rules. With or without prosecution, many people become ripe for litigation or imprisonment and patents generally make it worse. Software patents, for example, have already turned almost every programmer into an unintended infringer, some might even say a "patent pirate" (or counterfeiter). The "Intellectual Property" crowd is trying to make applied ideas seem like "theft". This basically means that we are all at the mercy of "software gods" like IBM and Microsoft, always hoping not to be the victim of litigation. Even if we are innocent (or the patents invalid), the burden of legal costs is overwhelming enough to have the defendant disengage by withdrawing a program, paying "protection money", or simply not developing along certain lines in the first place. Where it leaves society as a whole -- not just the most passionate developers -- is a situation where certain "rights lords" bully and mistreat the industry, all for the benefits of their ego and their financial gain. Innovation suffers a lot and programming becomes an applied practice preserved only for the higher class. Artificial limitations are almost always a bad idea.

When Novell signed the deal with Microsoft in 2006 it virtually joined the same cartel of patent holders, choosing to exclude -- however conveniently -- anyone who had not subscribed to that same cartel (Red Hat for example). In order to dismantle those cartels we need to at least avoid their products and convince others to do the same. The reason why some people call it impractical is the scale of those in question (naturally, one must be big to have interest in these cartels), but it is hardly a valid line of reasoning because any erosion counts, even if it is done little by little until the incentive derived from patents is outweighed by the loss of business. It took over 4 years for Novell to collapse after its patent deal with Microsoft and all those boycotts.

Recent Techrights' Posts

GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
 
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026