Bonum Certa Men Certa

Microsoft's Embrace of Linux is Deceitful, Malicious, a Likely Antitrust Violation

Lamb to the slaughter



Summary: Summation of discussions with two Keiths, one from Open Invention Network (OIN) and another who is a former Fedora member/packager

TECHRIGHTS certainly strives to accumulate new information, if not by researching written documents then by asking people who are familiar with what happens behind the scenes (where no documents are being produced). A long conversation with OIN's CEO, for example, helped improve our understanding of the patents situation. Many of these issues are passed around verbally, but we basically wanted a clearer separation between FAT deals and Linux deals. From what I recall (I didn't take any notes), Microsoft bundles some of those deals under meta-packages of sorts. One would be the file systems thing, another would probably be the Samba thing, and for Android we are told it's really just ActiveSync, which is interesting because it's easy to dodge this one dependency. We had it implicitly confirmed that $5 is the price tag on HTC phones (Microsoft tax). This number originally came from some banker/analyst in some report last year.



It's all very vague to an outsider, so we are still trying to get all the numbers right. We wish this was public knowledge, but Microsoft prefers for it to be secret as that would intimidate potential Android distributors and prospective buyers. We already know that patent assurance from Xandros (DistroWatch declared it "discontinued" 5 weeks ago) is valued at $50, so we assume more or less the same for SUSE. We don't know if Xandros still has that Web page with the $50 figure online, but we took screenshots at the time and Debian developers got notified by a reader of ours who is also a Debian Developer (DD). The same Xandros page now says "$149.99... Purchase Xandros Desktop without Microsoft patent assurance [which leads to a similar page with the $99 price tag]." (Update see Jose's remark in the comments below)

There are serious issues regarding the legality of what Microsoft is doing. It not only deceives for FUD but it also extorts its competition under secret terms. As for FAT patents, Tridge wrote a patch for that within weeks. If one is aware of the patents (no secrecy), then they become simple to work around much of the time. Keith (not of OIN but Slated) asked:"So if there's a non-infringing implementation then why aren't companies using it? Does any Linux distributor still have to pay Microsoft for FAT patents or not? If not, then what are they (e.g. HTC) paying for?"

We reckon it might be ActiveSync. But it's hard to be sure. Microsoft didn't say and the OIN seems to suggest that it's ActiveSync. The secrecy is not coincidental. It's intentional. It's for FUD.

Moreover, notes Keith (an opinionated GNU/Linux advocate), "I thought the EU Commission ruled Microsoft had to open the SMB spec and allow royalty-free implementations. Is Microsoft violating that ruling?

"So again, does any Linux distributor currently pay Microsoft for SMB licensing or not, and if not then what are they paying for? It's not SMB, it's not FAT, so what is it?"

The TomTom case says FAT, the Motorola case says a little more (but Motorola did not lose the case), and we generally don't quite know for sure. There was some article around 2007 about Microsoft Licensing (external) and some entity they set up to manage SMB "licences". Jeremy Allison complained about it. Maybe that prelades the Samba EU decision, but we suspect not. It was in December of this year that the EU Commission had a breakthrough and Easter of that same year when Novell submitted the redacted deal document, which then exposed some of what Novell had done with Microsoft in secret.

The OIN is trying to collect key patents that act as shield/deterrence. I have negotiated with someone who has key patents on tablets (Microsoft troll proxies tried to snatch these off his hands), who after speaking to me for weeks decided to donate them to "Linux and FOSS". I directed him to the OIN and we're still working on it quite privately.

The OIN is concerned about what Microsoft did to MeeGo and Nokia, which is now handing over its parents to a patent troll, MOSAID (which sued Red Hat last month), to sue Android. I told OIN's Keith about apparent entryism at HP amid the news about WebOS. What shocks me personally is that many journalists went to sleep or vanished, so nobody seems to be covering this huge antitrust violations.

"It's a big mystery," continued Keith. "HTC pays Microsoft $5 per handset for "patents" Linux "violates", but nobody seems to know what "patents" they are, and nobody wants to talk about it. Indeed, for some equally mysterious reason, they seem to need to sign NDAs before making those agreements, even though patents are required by law to be a matter of public record. So why would Microsoft need companies to sign NDAs if these are perfectly legitimate deals, and what are those deals, exactly? If companies are not paying for FAT patents, as they clearly no longer need to, and they're not paying for SMB patents, since Microsoft is prohibited from charging royalties for it, then what exactly are they paying for, and why does it need to be a big secret?"

B&N did not sign the NDA and in fact it 'leaked' evidence of the extortion. Groklaw then published or republished the PDF and there was some press coverage that did not name patent numbers.

“Surely it should be up to Microsoft to provide that at the application level, and sell it on Apple's app store / Android Market, not make boiler-room deals with smartphone manufacturers.”
      --Keith (Slated)
"An even more important question," continued Keith, "is why do governments tolerate this blatantly obvious racketeering? Surely the Microsoft deceptions exposed by Barnes and Noble should have been enough to alert antitrust investigators to this corruption. So what is being done about it?"

The government -- although taxpayers fund it -- is an extension of Microsoft. Right now Techrights is going through Cablagate and publishing relevant cables that show the government acting as merely a lobbyist and marketer for Microsoft. Only if people stand up and demand action will something be done about Microsoft. See how the SEC systematically ignored bankers' crimes (Taibi wrote articles about it) and a whistleblower explained that the SEC also destroyed evidence. That was last month. Microsoft and FTC/US DOJ are similar. The latter did not even investigate the CPTN debacle before it received several formal complaints. Government kowtowing is not unique to Microsoft, but that is irrelevant. It's a systemic problem.

"Screw ActiveSync," ranted Keith. "Let Office users sync through Google's Cloud like everyone else. Surely it should be up to Microsoft to provide that at the application level, and sell it on Apple's app store / Android Market, not make boiler-room deals with smartphone manufacturers.

"It's bizarre. Android handset distributors are basically paying Microsoft for the "privilege" of bundling something that Microsoft could simply provide itself after-market, and would most likely do so for free anyway, for those few who actually need it. It'd be like paying Microsoft to bundle Internet Explorer. It's just incredibly strange.

"Somebody needs to write a long, detailed exposé of this whole "Microsoft licensing" mystery, and I get the feeling the OIN knows more about it than most. Most importantly, we need to establish whether or not anything that's being "paid" for genuinely has anything to do with Linux, because from what I've seen so far it certainly doesn't. Mostly though, I'd like to get to the bottom of why Microsoft refuses to tell anyone what patents they're actually charging "license fees" for. Why won't they talk about it, and what do bodies like the FTC think about Microsoft's refusal to talk about it? Am I the only person who thinks this is gangster-like behaviour?"

This problem is sadly enough spreading outside the United States too. The "EPO says Tetris computer game has technical features, thus the exclusion of computer program can be bypassed," claims the FFII's President. This fight just never ends, does it?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Comments

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
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
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