Bonum Certa Men Certa

There is No 'New Microsoft': Under Nadella, Patent Extortion Against Linux/Android Carries on

Kyocera



Summary: Kyocera is again being targeted by Microsoft, using patent aggression, with a secret settlement being reached whose negative impact on Android remains to be seen

AS LONGTIME readers may recall, back in 2007 Microsoft picked Kyocera for its anti-Linux patent campaign, leading us to years of research and protests, even when Kyocera adopted Android, only to be sued by Microsoft earlier this year (with 'partners' like these, who needs enemies?). Kyocera is not "just peanuts"; despite not being so well known in Western nations, this is a company with 68,185 employees (not much smaller than Microsoft, which is still on the process of shrinking based on what I privately get told by Microsoft staff).



"Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft's reputation or harm Microsoft's future efforts to blackmail other companies using patents."US News has this new article titled "Microsoft Seeks a Comeback – But Is It Too Late?" The article alleges that Microsoft is falling way behind Google/Android/Linux. No wonder Microsoft is has been in layoffs mode for half a decade or so, with pace of layoffs increasing over time. Microsoft is now relying more and more on patents; Kyocera is a victim again, as this time it actually fought in court (unlike that time in 2007 where it just bent over).

According to Tech Times, there has just been a secret settlement with all details unknown. Kyocera is not allowed to speak about what Microsoft did to it, for that might damage Microsoft's reputation or harm Microsoft's future efforts to blackmail other companies using patents.

"A few months ago," Tech Times wrote, "Microsoft filed a lawsuit against Kyocera, claiming that three Android smartphones from the Japanese company violated seven Microsoft patents. The smartphones in question were the Duraforce (pictured), Brigadier and Hydro. The patents, meanwhile, cover a wide range of mobile technologies that Microsoft alleged the Android devices violated.

"Microsoft has dozens of licensing agreements in place with Android OEMs, including Samsung, but it will not back out of a litigation if it doesn't reach an amicable agreement. Microsoft went after Kyocera in March, asking a Seattle court for a U.S. sales ban on the three phones that infringed its patents."

Microsoft is euphemistically calling racketeering "Technology Sharing Agreement" in its short press release. To quote the Microsoft press release: "In addition to strengthening the partnership between the two companies, it also resolves a patent-infringement lawsuit brought earlier this year in U.S. District Court. The remaining details of the agreement are confidential."

The words "strengthening the partnership" serve to insinuate that Microsoft uses patent pressure (and rising litigation costs) to coerce Kyocera into becoming Microsoft's vassal, just as Microsoft did to Samsung shortly before suing Kyocera (March 2015).

The Samsung settlement had conditions from Microsoft, essentially turning Samsung's Android devices into "Microsoft Android" devices (this has actually been confirmed since the settlement, after mere speculations and rumours). So, there is nothing peaceful about it. This is blackmail. The loaded gun of the Mafia in this case is a pile of patents, usually software patents.

Tech Times does not cover any of this, but the report concludes with: "It remains unclear, however, just how much Kyocera will pay to use Microsoft's patents."

So it is possible that Microsoft got Kyocera to pay Microsoft for Android and also preinstall Microsoft malware on future Kyocera handsets. How nice of Microsoft... what a peaceful company.

Looking for any additional takes on this, we only found a proponent of software patents ("AmeriKat") commenting poorly in a lawyers' blog. Remarking on these attacks on Android, he wrote that "Kyocera follows Barnes and Noble, Foxconn, Invetec and Samsung in the line of companies that have recently settled with Microsoft."

"It's about Microsoft forcing companies to turn to Windows or "Microsoft Android", making malware with surveillance (spyware) mandatory installed apps."It's hardly a settlement. It's extortion. Microsoft essentially killed Barnes and Noble by tilting it in Windows' direction in exchange for a so-called 'settlement' (we wrote a lot about this) and Samsung did this in exchange for becoming courier of Microsoft rather than an Android company. Kyocera may turn out to be just more of the same. It's about Microsoft forcing companies to turn to Windows or "Microsoft Android", making malware with surveillance (spyware) mandatory installed apps.

Curiously enough, in China (where many Microsoft bits of software are now officially banned for use by government agencies) Samsung is now facing a lawsuit over installed apps. We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices (after patent extortion) the Chinese government won't be too happy. To quote the Shanghai Daily, "Shanghai Consumer Rights Protection Commission yesterday formally announced it has taken legal action against manufacturers Samsung and Oppo over their practice of pre-installing apps on their smartphones.

"The Shanghai No. 1 Intermediate People’s Court said on Wednesday it had accepted separate cases against Tianjin Samsung Telecommunications Technology Co Ltd and Guangdong Oppo Mobile Telecommunications Co Ltd.

"We may safely assume that since Samsung agreed to preinstall Microsoft malware on many of its devices, the Chinese government won't be too happy.""Tao Ailian, secretary-general of the commission, said it filed the public interest lawsuits after investigating complaints from the public about unwanted apps.

"In a study of 20 smartphones, the commission found several that were sold with apps already installed, many of which could not be removed. It also claimed that some phones “stole” cellular data."

For many users of Galaxy devices, Microsoft malware is clearly "unwanted apps", so maybe the Shanghai Consumer Rights Protection Commission should also go after Microsoft, both for racketeering, for bundling, and maybe also for mass surveillance, for which it is most notorious (far worse than Google).

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