Bonum Certa Men Certa

Former Microsoft Lawyer and Pro-Microsoft Lobbyist Lie and Distort Android Legalities to Distract From Motorola Sale

Meerkats



Summary: Team Microsoft provides a distraction to take people's attention away from the news about Android getting more solid legal basis

WELL, guess what? It seems as though we correctly predicted this sale of Motorola to Google even a day before it happened. "It's all about the patents," says ZDNet in the headline and it is probably true. Motorola also gives Google a chance to fight Microsoft and Apple in court, defending Android from some insidious allegations, using counter-attacks with Motorola patents (Google inherits these legal cases which were invoked separately by Microsoft and Apple). Google is buying them at above real value and Google's CEO explains why. Here is Google's official statement. A lot has been written about this already, so we need not say much except that it harms the efforts to fix the patent system but probably helps Linux in the short term.



Here is where it gets interesting. Apart from some dishonest 'journalists' who try to spin this against Google, there are some dishonest people, such as a lawyer previously employed by Microsoft (who later spread some lies about Android), who talk nonsense to distract from the above news. It is proposed by Microsoft's buddy Naughton that Google's Android has GPL problems. Well, just google "Naughton microsoft" and you will get "Lawyer behind Android infringement claim has Microsoft ties" (he hid his Microsoft ties by deletion and later got caught doing this). We covered this at the time while some reposted known lies. Anyway, his latest decoy spawned some headline trolling [1, 2, 3] and a storm over nothing, possibly promoted by Florian Müller's 'spamming' of journalists. He is debunked in Slashdot and other such sites (waste of space and focus), including Groklaw which writes:

Attorney Edward Naughton of Brown Rudnick has written [ Part II] more misinformation about the GPL in yet another false prediction of Android's doom. Once again Mr. Naughton takes a non-story and blows it out of proportion, and of course, FOSSPatents does its part to blow hot air into the story as well.

If the idea is to scare off potential Android OEM's or purchasers of Android-powered phones, this sort of scare tactic is just rubbish. It has failed in the past, and it will fail this time.

People who don't understand the GPL probably shouldn't write about it, including lawyers. I'll show you the mistakes in the article, and please note that while I am a member of the board of directors of Software Freedom Law Center, which will factor into this story, I speak only for myself and Groklaw, not for SFLC in this article.


Bradley M. Kuhn too has responded to this:

Unfortunately, Edward Naughton is at it again, and everyone keeps emailing me about, including Brian Proffitt, who quoted my email response to him this morning in his article.

As I said in my response to Brian, I've written before on this issue and I have nothing much more to add. Naughton has not identified a GPL violation that actually occurred, at least with respect to Google's own distribution of Android, and he has completely ignored my public call for him to make such a formal report to the copyright holders of GPL violations for which he has evidence (if any).


Here is a summary of some responses:

Even as Google announced their acquisition plans for Motorola Mobility today, vague legal accusations were re-hashed by IP attorney Edward J. Naughton that imply that all Android manufacturers are at risk of losing their rights to distribute Android because of they did not comply with the terms of the GNU General Public License (GPL). But the head of the Software Freedom Conservancy states there are still, despite the arm waving, no legitimate claims made on Android GPL violation. Actually, Naughton doesn't just imply problems for Android vendors, he just comes right out and says it: Android manufacturers have already lost their licenses to distribute GPLed code inside Android. "Not long ago, open source advocates sued more than a dozen major consumer electronics manufacturers, claiming that the manufacturers had lost the right to use GPL'd software in their devices. It looks like the same could be said of Android: virtually every one is unlicensed," Naughton wrote in his blog.

One of Naughton's biggest cheerleaders, FOSSPatent author Florian Mueller, is also explicit in his own amplification of Naughton's theories:


Nothing to see here then. Microsoft is still briefing its gang which includes lobbyists like Microsoft Florian, who occasionally communicates with Naughton as well. it's just a coordinated attack on Android. You can only cry "Wolf!" twice. Why is anyone paying attention to those people rather than cover the real news, which is about Android gaining a patent shield against Apple's and Microsoft's patent cartel?

Recent Techrights' Posts

Links 15/04/2026: Geelong Corio Refinery Fire, Journalist Sentenced for "Insulting the President"
Links for the day
Gemini Links 15/04/2026: Organiding .bashrc with Imports, Oddμ as SSG
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 14, 2026
IRC logs for Tuesday, April 14, 2026
The Deleted Article About Mass Layoffs at IBM (April 2026)
Resurrected
Lots of Positive News Lately, Microsoft GitHub in Trouble
it's not too crazy to speculate about GitHub being the next Skype (or CodePlex)
The Register MS Has "Webinars" (Marketing); They're Promoting Ponzi Schemes or Slop But Disguised as "Intelligence"
These "webinars" are just spam displayed to people as if it contains real information
It Was Always About Freedom and Sovereignty (or Self-Determination)
About 24 hours from now Richard Stallman (RMS) will be giving a talk in Texas
Mass Layoffs at IBM Again, Just in Time for the Fake "Results" Next Week
Slopfarm will issue some chaff to give an illusion of journalism
Windows (Microsoft) in Botswana Falls to Another New Low
Botswana is a fairly large country
SLAPP Censorship - Part 47 Out of 200: British Courts Are Not Censorship Offices for Americans Funded by Affluent Third Parties
Solicitors Regulation Authority (SRA) was scrutinised by our government
More Than 6 Months After a Very Close Friend of António Campinos and EPO Official Caught With Cocaine Campinos is Cracking Down on - or Stealing From - EPO Staff
Now they go after the "Education and Childcare Allowance"
Links 14/04/2026: Data Breaches and LLM Slop in Courts
Links for the day
Gemini Links 14/04/2026: Mastodon in the Terminal and a Voxel Engine
Links for the day
Links 14/04/2026: Against US Monopolies in UK, Legal Action Against Twitter
Links for the day
The Solicitors Regulation Authority (SRA) Under Scrutiny Today in the British Government's Meeting, Grilled for Its Failure to Regulate Rogue Law Firms
Things are not improving
The Series About SLAPPs Funded by Third Parties: All Parts Thus Far
index for today
SLAPP Censorship - Part 46 Out of 200: Alex Graveley's Attorney Rick Cofer Did Not Deny That Graveley Had Strangled Women; He Did, However, Pay Local Officials
some background about SLAPPs that began in 2021 very shortly after I wrote about corruption at Microsoft GitHub
The EPO's Attitude Towards Women and Media Silence on EPO Unrest
There's media blackout about very critical matters
Gemini Links 14/04/2026: Greed Versus Stability; Board and Card Games
Links for the day
Links 14/04/2026: Cheeto Loses Defamation Lawsuit Against the Media, "France Takes Its 129 Tonnes of Gold Uut of New York"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 13, 2026
IRC logs for Monday, April 13, 2026
IBM Agrees With Microsoft That Slop is Just for "Entertainment" and "at Your Own Risk"
So what can IBM sell now?
Microsoft Windows "Market Share" in USA Down to 40% According to Government Sites or 31% Overall
The world is changing, so do Americans
SLAPP Censorship - Part 45 Out of 200: Garrett and Graveley Cases Inherently the Same, Their Legal Team Can Barely Even Distinguish (Full Timeline)
"million-dollar men"
Gemini Links 13/04/2026: Pronouns for an LLM, Fakecoins Promotion Piggybacking Iran, "Your Face is Now a Search Query"
Links for the day
Links 13/04/2026: Higher Costs Hurt Both Rich and Poor Country, a "Landslide Win to Oust Orban"
Links for the day
Tens of Thousands of Days of Strike at Europe's Second-Largest Institution, Nobody in the Media Has Mentioned It
Since the "extraordinary general meeting"
SPAM That Mentions "AI" 16 Times (in "Security" Clothing, But Selling Back Doors), a Paid Placement in The Register MS
This will doom the reputation of the publication, The Register MS
At Least 23 Days of EPO Strikes
Why does the media not deem this newsworthy?
Links 13/04/2026: Impersonating ProPublica Reporter, More Attacks on the Press (Occupation With Little and No Compensation, Only High Risk)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 12, 2026
IRC logs for Sunday, April 12, 2026
Gemini Links 13/04/2026: Freiburg, GUIX, and Announcing Satellite Antenna (SA)
Links for the day