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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day