Bonum Certa Men Certa

As Microsoft is Losing, Expect a Lot More Patent-Flavoured FUD Against Linux

Microsoft's (and Apple's) patent attack on Google/Android is not working



Summary: A look at the patent attacks from Microsoft and why they have not been as effective as Microsoft and its lobbyists wish us to believe (for FUD factor)

In a decent blog post from Christine Hall she explains that Microsoft has become a patent threat not just to Android. It had already signed deals like the one with Novell in order to create what Christine (of FOSS Force) calls the "Microsoft Tax on Linux Devices". To quote:



The desktop and laptop might be safe, for the time being, but now the evil empire has dug its talons into the mobile world. It’s becoming nigh near impossible to purchase a device running Android or Chrome OS without a hidden Microsoft tax, and the makers of smartphones and tablets probably won’t be offering devices with no operating system installed in the near future, for those of us who’d prefer to install our own OS and skip having any of our money shipped to MS.

The new Microsoft tax is in the form of patent licenses that OEMs are being blackmailed into paying by the Microsoft folks. Yep, MS is finally making good on its promises to enforce the patents it claims are being violated by Linux by going after the makers of devices running Android (and now, evidently, Chrome OS). Does Microsoft actually hold valid patents being infringed by Android? Who knows? That would be for the courts to decide and, so far, nothing’s gone to court. OEMs are just ponying up and buying MS licenses on the strength of Microsoft threats. So much so that Redmond is evidently making more money on Android than on Windows Phone 7.


Here in this site we have been keeping an up-to-date list of companies that pay Ballmer for the 'right' to sell products with Linux. We urge people to avoid those companies and send out the message that taking this shameful route is unwise for business. Companies tend to consider what's good for business, not what's good for ethics, although poor ethics sometimes -- provided public awareness -- affect business.

Microsoft is clearly failing to sell its products, so when it cannot ram them down people's throats (as it does by bribing colleges and offering kickbacks to OEMs) it will try to make money from the competition's sales. If someone still believes that Microsoft is doing alright against Linux, share this this new article from a 'news' site paid by Microsoft. It quotes Microsoft's CEO Steve Ballmer as saying that “In a year, we’ve gone from very small to [...] very small.”

Hilarious.

"Google’s Android operating system remains No. 1 in the U.S.," notes the Microsoft-sympathetic reporter, "while Windows Phone lost ground, according to the latest comScore report. The Windows Phone 7 launch last fall has not stopped Android’s rise. Microsoft had almost 8 percent of the U.S. market in the past three months, down 1 percent..."

Mr. Pogson notes that among the big players that sell Android devices Microsoft has gotten just about nobody to pay for unnamed patents, except HTC. To quote:

The Open Handset Alliance has 20 members who make handsets: Acer, Alcatel, ASUS, CCI, Dell, FoxConn, Garmen, Haier, HTC, Huawei, Kyocera, Lenovo, LG, Motorola, NEC, Samsung, Sharp, Sony Ericsson, Toshiba and ZTE.

Several manufacturers using Android have entered licensing agreements with M$: Wistron, HTC, General Dynamics Itronix, Velocity Micro, and Onkyo. M$ is reported to be demanding $15 a copy for Android/Linux from Samsung and Barnes and Noble has gone to court over the issue. It is interesting that M$ has apparently secured royalty payments around $5 per copy while demanding $15. Thus it seems that some are paying M$ to go away. Others will fight.


Microsoft is mostly going after those without incentive to fight back. It uses software patents against them, rather than offer them something like Windows. That alone speaks volumes. Pogson ends by adding:

Making software is not a creative act and software patents are not stimulating innovation, it would seem. Software is a data structure and an algorithm, nothing more nor less. Once the information in the specification of those two elements is defined, the software follows and it can be created by almost any programmer skilled in the art. Thus, it fails non-obviousness. The information in the specification of the data structure and algorithm is not patentable, being merely an idea without physical embodiment. Putting software in a computer may give it physical embodiment but it is still obvious how it works when one looks at the source code.


Here is another noteworthy new article:

And don't cry for Microsoft. While its new mobile OS rise has yet to be a rise at all, the company is making money on--get this--Android patent enforcement. That is, by dint of its thousands of software patents, Microsoft has succeeded in getting the likes of HTC to pay license fees, and now it's going after Samsung. Cue the jokes about blue screens of death in outer space.

In a research note, Wells Fargo estimated Windows Phone 7 revenue of $500 million in 2011; and more than $1 billion for Android licenses in 2012 if it charged $10 per license.


Microsoft continues destroying the software industry, substituting it with lawyers and ruthless businessmen. It is not just bad for developers, it is bad for everyone (who sees product prices elevated due to bureaucracy fees/costs). The word "innovation" lost its meaning (we covered this recently and even years ago) and now it is used to justify decreased competition, retarded products (which have features removed due to patents), and increased collusion (which is a form of crime that regulators rarely address because it is done by corporations to people rather than the other way around).

Comments

Recent Techrights' Posts

The End of Red Hat
expect many more layoffs soon
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
 
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025