Bonum Certa Men Certa

Microsoft's Attacks on Android and GNU/Linux Not Over Yet, But They Are Definitely Failing

Sleight of hand and litigation by proxy don't work

A performer



Summary: The Rockstar patents sale and the final defeat suffered by SCO serve to show that Microsoft cannot beat Free/libre software using aggression and underhanded tactics

Microsoft's attempts to crush GNU/Linux culminated with the Novell deal in 2006. Microsoft tried to make the competition its own, but it never worked because people antagonised Novell and no large company really followed Novell's footsteps. Novell is now essentially dead, much like other Microsoft 'partners'.



"This isn't happening because Apple and Microsoft decided to play nicer."Over a decade ago Microsoft paid SCO when it attacked Linux. This was similar to what Novell later did with Microsoft because both used a form of monopoly, either copyrights or patents. Microsoft subsidised anti-GNU/Linux campaigns that did cause a lot of damage. In neither case, however, were the claims valid and both campaigns failed after years or endless struggle, hinged to a great degree on the goodwill of the Free software community.

Simon Sharwood from The Register wrote about a fortnight ago about Groklaw, which had silently become a bit active again, for the first time in many months. Sharwood wrote: "IBM has had a win in its long court battle with SCO over just who owns Unix and, by extension, whether Linux is an unauthorised clone.

"Some quick and simplified history: SCO – short for The Santa Cruz Operation – was a software company that offered a version of Unix for x86 chippery. When Linux came along in the late 90s and started turning into a business, SCO more or less sank and it attacked both Novell and IBM for their role in helping to spread Linus Torvalds' brainchild. At stake was whether those who distribute and profit from Linux should share some of their bounty with SCO. If a court had found in SCO's favour, it would have been bad news for Linux.

"The Novell suit ran for about six years, but SCO lost. After that, SCO endured all manner of financial strife, but managed to crawl from the crypt more than once. Last year, SCO managed to secure approval to re-open the case against IBM."

Robert Pogson wrote about that too:

It’s nice to know that GROKLAW is not dead, just hibernating. Maybe spring will wake it up. Surely there’s some legal case interesting enough to fire it up, like world v Obamacare, or world v N. Korea, or … Of course, now that M$ loves */Linux and Apple has acknowledged that round corners are not innovative there are fewer lawsuits in the world but until all those who fought GNU/Linux for two decades die of old age, there’s still hope they will seek to humiliate themselves in the courts.


This serves to remind us that the Microsoft-backed copyright attack on Linux took well over a decade to be over. This induced a huge toll and Microsoft continues to attack Linux, usually by proxy. Here for example is the Microsoft booster Ina Fried attacking Linux again. He or she (used to be called Ian) has found a way to make the most popular OS (Android) sound like a failure. It's ugly spin like that which we see other Microsoft boosters spreading in the media (some of them used to work directly for Microsoft or are still working for Microsoft). Watch BGR trolling (clickbait) with one person's account to make Android sound undesirable [1, 2]. These are fights that are fought with words, but Microsoft goes much further than this. A couple of years ago Microsoft and its proxies tried to cause Android to come under antitrust trouble, but they have failed based on reports. To quote The Register: "A US District Court judge has cast doubt on an antitrust lawsuit filed against Google, describing the damages sought as "speculative."

"The class-action suit filed earlier this year alleges that Google engages in illegal anti-competitive behavior by requiring makers of Android smartphones to bundle its search app on their devices."

Remember that this all came from Microsoft. We wrote several articles to show this and so did other sites. In addition to legal attacks through regulators Microsoft has been attacking Android through patent trolls (Microsoft has just given another $23,000,000 to patent troll VirnetX) and patent holders which still have some products. Several examples have been given over the years and the legal assaults are far from over.

The Open Invention Network, which defends Linux (and other related projects) from patent attacks, recently gave this interview to ECT. The Open Invention Network's CEO Keith Bergelt said that "we had to create channels for collaboration. Otherwise, we would have hundreds of entities spending billions of dollars on the same technology." It's not "technology" that he is alluding to when he talks about it; it's a parable for patents.

As GNU/Linux is becoming a massive player in the fastest-growing markets, notably mobile, no wonder Microsoft now mostly attacks Android and strives to derive revenue from it (or create fear through perception that Microsoft derives revenue from it). Windows is a complete disaster in this area. Ahonen explains how bad things are in his article that he titled "Microsoft (and Nokia) have only achieved 50M Lumia activations? Seriously? Out of 76M shipments? What happened to the other 26M? Seriously! Tossed into garbage by retail?"

Ahonen, a Nokia expert, says that "30% of all Windows Phone based Lumia smartphones shipped have not been activated. That must be an industry record for futility. [...] the product line was a sales disaster. "

Microsoft's patent strategy against Android is clearly not succeeding. Even a Microsoft lobbyist, Florian Müller, wrote about the poor success rates of patent lawsuits against Android and told me today that Rockstar too is part of it all.

"The interesting part about Rockstar is that since they sold 2K patents to shareholders, hard to prove devaluation of rest," he said to me, "but one can certainly suspect that if they bought 6K patents for $4.5B, sell two thirds for $900M, that there *was* devaluation" (take with a grain of salt given the messenger's connection to Microsoft and Apple).

There was recently a lot of press coverage about telecom patents and Android because Verizon announced that it entered into a patent licensing agreement with Google (more in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29]), but a bigger story, especially in FOSS-friendly circles, was the Rockstar story. As FOSS Force put it: "Perhaps the most telling sign of the sinking value of software patents came just a week ago, when the patent trolling company Rockstar, jointly owned by Apple, Microsoft, BlackBerry, Sony, and Ericsson, offloaded it’s approximately 4,000 remaining patents for $900 million — representing about two thirds of the patents it purchased in 2011 for $4.5 billion in a bidding war with Google. Google would seem to have the last laugh here, as it’s a member of RPX, the company buying the patents, meaning they’ll will be available to the search company as protection against patent litigation, which is why they had been a bidder in the first place."

BlackBerry is becoming a patent troll and RPX is pretty much a troll, albeit one that is not so hostile towards Free software because of its members. Mike Masnick said about the news that the "Stupid Costly Patent Nuclear War By Microsoft & Apple Against Android [was] Averted". He put it in context as follows: "Last year, Rockstar launched its massive patent attack on Android, suing basically all the major Android phone makers and Google. While some have argued that big company v. big company patent attacks aren't a form of patent trolling, some of us disagree. This, like most patent trolling, is just trying to extract money from companies and has nothing to do with actual innovation. In the tech world, some have referred to this kind of thing as "privateering" in which a big company puts the patents into a shell company to hide their trolling activity."

Joe Mullin said that "Apple and Microsoft spent $4.5 billion on a patent attack, sold it at a loss."

"Another skirmish in the ongoing dirty war by the legacy technology & media industry against Google bites the dust," wrote Simon Phipps, adding to many more articles (even some from Android-hostile networks) that framed this -- quite correctly -- as an assault on Android:

Apple- and Microsoft-backed patent group ends its war on Android



And just like that, the Rockstar Consortium's lawsuit campaign against Android is over. The patent holding group (backed by Apple, BlackBerry, Ericsson, Microsoft and Sony) has sold all of its commonly held patents to clearinghouse RPX for $900 million, or a fraction of the $4.5 billion the total patent pool was worth a few years ago. Rockstar will accordingly drop the lawsuits that it still had left, including those leveled against HTC, LG and Samsung. Don't worry that RPX will promptly turn around and sue someone else, either. It already has a deal to license those patents for defensive purposes to a group of 30-plus companies, including Google and Cisco, while the Rockstar companies get to keep their licenses.


This isn't happening because Apple and Microsoft decided to play nicer. It is happening because they repeatedly fail to defeat Android/Linux using patents, especially now that software patents are becoming a lot weaker in the United States -- a subject we shall cover in our next post.

Recent Techrights' Posts

Microsoft's XBox Exodus Carries on: Corporate VP of Gaming Ecosystem Organization and Corporate VP of XBox Devices and Ecosystem Both Leave Microsoft
Don't expect what's left of the media to properly report the true scale of the XBox cuts and executive-level departures
Why Chatbots Based on LLMs Cannot Be Improved Even If More Energy (Money) Gets Wasted on Them
nobody can do it well
The Generations of CS Are Coming to 'End of Life'
Nowadays everything that is a computer is somehow called "hey hi"
 
IBM Allegedly Used Apptio to Target and Sack (RA) Productive or 'Expensive' Employees, Are Apptio Staff Now Subjected to Layoffs?
Apptio is one of several companies that IBM buys only to sink together with the IBM boat, RMS Watson
Gemini Links 06/05/2026: "Who Knows That You Blog?" and New Official Antenna by Michael Nordmeyer
Links for the day
Links 06/05/2026: Apple Accepts That It Misled People on Slop and Begins Blocking Software/Games Made With Slop
Links for the day
Codecs and Software Patents - Part II - AV1 and HEVC Not Really Safe
We are, in effect, looking at a sort of cartel (like the one which came out of Germany with MP3)
The Corrupt Lecture the Non-Corrupt - Part XIV - Antisemitism Inside the EPO
A sensitive topic for the European Patent Office (EPO)
Gemini Links 06/05/2026: Childhood Memories, Intense People, and Natural Web Exploration
Links for the day
Links 06/05/2026: Narges Mohammadi in Critical Condition and Copyright Infringement Rampant in Reddit
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026
Ubuntu is Run by "N00bs" (and It Shows)
GNU/Linux users are not a small niche anymore
Gemini Links 05/05/2026: Bad Health, Pomera DM250 On Linux, and Children Using DO
Links for the day
Reading Closely What Microsoft Put in the Report, Expect Many More Layoffs Later This Year
The only thing that they grow rapidly is their debt
IBM is Collapsing, the People Responsible for the Collapse Aren't the Victims
IBM management has plenty of things to distract from right now
Media: Let's Repeat the Lie About Mass Layoffs Being a Win for a Buzzword
This says so much about the state of today's media
Links 05/05/2026: Live Nation Problems, Growing Tensions in the Gulf Again (Energy Crisis)
Links for the day
Gartner Pays The Register MS and the Effect is Visible (IBM Promotion; IBM Also a Sponsor, of Both!)
Follow the money
The Register MS Published Fake Article That Mentioned "AI" Almost a Dozen Times. It Got Paid to Do This.
If you keep seeing the term "AI" quite a lot in the media, be sure to check who pays for it
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day