Bonum Certa Men Certa

Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

There's "truce" as long as Microsoft receives billions of dollars from its rivals for its "Linux patents"

A happy piranha



Summary: Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a "truce" by joining the Open Invention Network and joining the LOT Network

THE parasites and predators are still at it. They're exploiting software patents wrongly granted by the U.S. Patent and Trademark Office (USPTO) and they go after Microsoft's rivals.



"Microsoft and Bill Gates are culpable as Intellectual Ventures effectively came from them and was bankrolled by them."Days ago we saw the Intellectual Ventures-armed Dominion Harbor losing yet again. As it turned out, the Patent Trial and Appeal Board (PTAB) helped squash fake patents of this Microsoft-connected patent troll, owing to an inter partes review (IPR) which came from Unified Patents. In their own words (from Friday):

On March 13, 2019, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents Inc. v. First Class Monitoring, LLC IPR2017-01932 invalidating claims 1-5, 7, 9, 10 and 16-22 of U.S. Patent 6,014,089 owned and asserted by First Class Monitoring, LLC, a Dominion Harbor subsidiary and a well-known NPE. The '089 patent, directed to transmitting data via conventional SMS messages over a control channel of a personal communications system transmission protocol, has been asserted against various financial services companies such as Citigroup, Bank of America, USAA, JP Morgan, and PNC.


Microsoft's patent troll Intellectual Ventures, as it turns out yet again, is still engaging in blackmail in Eastern Texas. Even directly (not the likes of Dominion Harbor). As per the media (also Friday):

A jury in a federal district court in Texas has awarded a patent firm $1.5 million in a dispute with an Old Republic International Corp. unit in a patent infringement case.

The Tyler, Texas, jury on Wednesday decided in favor of Bellevue, Washington-based Intellectual Ventures II LLC, which buys, licenses and develops patents, in its dispute with Old Republic unit Sioux City, Nebraska-based Great West Casualty Co. in Intellectual Ventures II LLC v. Great West Casualty Co.

According to the January 2015 complaint in the case, Great West infringed one of Intellectual Ventures’ patents in connection with its online services and other systems.


Microsoft and Bill Gates are culpable as Intellectual Ventures effectively came from them and was bankrolled by them. To whose benefit?

"It seems clear that Microsoft has not changed. It was all PR, just smoke and mirrors for the cameras."The Eastern District of Texas is also leveraged yet again against Taiwanese companies. Also from Texas: "Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated Independently..."

We already noted the other day that Microsoft goes after another Taiwanese company and it's about a deal they signed 6 years ago, involving patents Microsoft claims Android and Chrome OS (GNU/Linux) to have infringed. It is starting to seem rather clear that Microsoft joined OIN only after extorting the lion's share of OEMs that ship Linux-powered products. If they stop paying, Microsoft will sue them. Some "truce", eh? Here is what Bloomberg wrote about this Microsoft patent extortion as recently as yesterday:

A lot has changed at Microsoft Corp. in the five years since Satya Nadella took over as chief executive officer. But sometimes the past comes roaring back, this time in the form of a patent suit that has gotten nasty.

Microsoft last week sued Hon Hai Precision Industry Co. for failing to pay royalties on intellectual property owned by Microsoft as part of a 2013 deal. Microsoft says Hon Hai, which is also known as Foxconn Technology Group, owes it missed payments and interest. In its filing with a California court, Microsoft alleges that for the past three years, Hon Hai hasn’t submitted the royalty reports required by the 2013 agreement and has refused to submit to an independent audit, which the agreement stipulated in the event of a dispute.

Foxconn’s billionaire chairman Terry Gou earlier this week accused Microsoft of a personal attack on him and his company, terming it a “wrongful” attempt to extract royalties on Android mobile operating software. While Hon Hai is the party named in the lawsuit, Hon Hai only makes iOS devices, and it is Foxconn's Hong Kong-listed unit FIH Mobile Ltd. that makes Android phones for Huawei Technologies Co., Xiaomi Corp. and other vendors, according to Gou and FIH CEO Calvin Chih.

The amount in question is not significant, according to a person familiar with the dispute who asked not to be identified because the details aren’t public. But neither side wants to back down. Gou doesn’t want to pay and Microsoft wants to make a point that a deal is a deal.


So Satya Nadella is just another Steve Ballmer. His mask keeps falling off. There have been a lot more articles about this (we mentioned only a few of the earlier ones), including "Foxconn CEO: Microsoft's real target is Huawei" (from the patent trolls' lobby), "Foxconn lashes out at Microsoft over royalties" (Asian media), "Foxconn rejects Microsoft patent lawsuit" (British media) and "Foxconn rejected patent infringement lawsuit by Microsoft". Here's the side of the story which Western media does not like to tell, preceded by Microsoft's usual nonsense:

Microsoft, in its statement, said that it had signed a contract with the Foxconn’s parent company Hon Hai in 2013 and the lawsuit is relevant to the audit and royalty reporting terms of that contract.

As Microsoft take serious approach towards fulfillment of its contractual obligations, so it also expects other companies to be following their contractual commitments seriously too; and Microsoft is working to resolve the disagreement with Hon Hai because of the importance of relationship with the company, Microsoft said in a statement.

Foxconn was previously operating as Hon Hai Precision Industry Co Ltd, and got the global attention after starting assembling iPhones for Apple.

[...]

At the news conference Gou said that Software companies not to bully the manufacturers, and questioned in a Facebook post earlier on Tuesday, why they would not claim from software using vendors to pay for patent royalties.


This is about software patents and about Linux-based operating systems. It seems clear that Microsoft has not changed. It was all PR, just smoke and mirrors for the cameras.

Recent Techrights' Posts

Linux Months-Old News (LWN Uncorrected)
They could at least update the original
This Week Fedora Celebrates Diversity, But It is Pushing Proprietary Software and Censorship
IBM openwashing, perception management, and reputation laundering gone awry?
EU 'Chat Control' Law is Already Discrediting the Stated Goals of GDPR
Equip kids with always-on always-connected microphones and double-sided cameras, just to be safe...
 
Links 20/06/2024: Bruce Schneier Adds Moderation Policy, FUCKSHITUP Can't Be Trademarked in the US
Links for the day
Mass Layoffs Happening in IBM Subsidiaries, Almost No Media Exists Anymore (to Cover That)
They can drive people out with R.T.O. of lay off in small batches to prevent any media scrutiny
Links 20/06/2024: Trying to Maintain Health and the Implosion of LLM Bubble/Hype
Links for the day
Microsoft's Bing Share in Canada Has Only Decreased Since the LLM Hype ("Bing Chat")
According to statCounter
Gemini Links 20/06/2024: Golden Ticket and Looking for Web 1.0 Communities
Links for the day
Not Even TRYING to Compete With Microsoft
CMA (UK) ought to step in and investigate why Canonical (UK) refuses to even compete
Poul-Henning Kamp: Why Freedom in 'FOSS' Matters
Openwashing is more widely recognised as a growing problem
[Meme] EU Chat Control: The Problem is Too Much Privacy???
So what's with GDPR then? The EU is contradicting itself!
Lithuania: GNU/Linux Usage Climbs to Highest Level in Years
consistent abandonment of Microsoft
"Remarkably Little Had Changed."
Black or African American not even mentioned
Rumours That Nat Friedman (CEO) Was 'Fired' by GitHub/Microsoft
"Microsoft Refused to Fix Flaw Years Before SolarWinds Hack"
linuxsecurity.com: A Step in a Positive Direction
We hope that Guardian Digital and linuxsecurity.com will rectify the matter and persist with real articles
Links 20/06/2024: Somali Piracy Surges, Juneteenth Discussed
Links for the day
Gemini Links 20/06/2024: Gemini is 5 Today (Still No Gemlog Entry From its Founder)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 19, 2024
IRC logs for Wednesday, June 19, 2024
Morocco: GNU/Linux Surges From 0.1% to 4.21%
Microsoft has mass layoffs in Africa these days
[Meme] EU Chat Control II
Stuff like "Chat Control" means that GDPR will lose credibility and the true motives be rightly scrutinised/questioned
You're Only Proving Our Point, Sir
clearly obsessed with what we write
Just Because It Happened Over 20 Years Ago Doesn't Mean It's "Old News" or Stopped Happening
This strategy merely evolved
Thanking Solderpunk for 5 Years of Gemini Protocol
Long live Gemini Protocol and long live Solderpunk!
[Meme] He Who Controls the Boot
And licks the Microsoft boot
[Meme] systemd-recovery
Imagine "Linux" (Poetterix) becoming so unreliable that it needs factory resets
Almost Every Day This Month the GNU/Linux "Market Share" Grows in statCounter
Advocates like to see progress
Dawg, I Herd You Like Freedom
In the context of Software Freedom, little is ever said about free speech
Links 19/06/2024: Microsoft Faces Big Backlash, Bytedance Referred to US Department of Justice
Links for the day
Gemini Protocol Turns 5 in 15 Hours
Geminispace is still very much alive
OSI's Blog is Still 100% "AI" Nonsense Sponsored by Microsoft (the Authors Are Also Salaried by Microsoft)
The founder of the OSI no longer supports the OSI
Poland is Another Country Where Bing Lost a Lot of Market Share Since the LLM Gimmicks
down from 3.24% to 2.4%
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
It Took Microsoft More Than 3 Years to Get a Quarter of Windows Users to 'Upgrade' to Vista 11 (3 Out of 4 Windows Users Still Reject It)
That is exactly what's happening right now
[Meme] The Empire
Don't be like Putin
They Want 'Transparency' Only for the General Public (Every Bit of Communication Available to the Government, Usually Via Corporations)
The EU might decide to effectively ban SSH
Justices Jeremy Johnson and Victoria Sharp to Decide the Fate of Julian Assange in About Three Weeks
Will he be back home in Australia by year's end?
Free Software Won't Fix Equality, But It Helps
Let's examine Free software in the context of: 1) money. 2) justice.
Treating Them as Teammates, Not as Political Props, Trophies, or Objects
Most of the world's people are women
Links 19/06/2024: SFTP and Gopher Milestone
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 18, 2024
IRC logs for Tuesday, June 18, 2024
US Surgeon General's Advice on Social Control Media (and "Smart" Phones) Seems Reasonable
People forget what the real world is about
Quiet at Planet Debian
planet.debian.org has not had any updates since 5 days ago
Belarus: Bing Fell From 1.1% to 0.6% Since Microsoft Started the LLM Hype (Yandex is 50 Times Bigger Than Bing)
Now enter Belarus
Morale at Microsoft Sinks to New Lows
The annual 'Employee Signals' survey showed a drop from 69% to 62% in positive responses
Microsoft Windows is Being Abandoned in the UK, Relative to Other Platforms (New All-Time Lows)
Windows at new lows
Links 18/06/2024: More Executives Leave Microsoft, Attacks on the Press in Russia and 'Exile'
Links for the day
[Meme] Always Livecasting
Wait Till Systemd-Recall
Australia: Bing Lost Market Share Since the LLM Hype ("Bing Chat")
Google rose, Bing went down
Gemini Links 18/06/2024: Unconscious Consumption and Firewall Autoban
Links for the day
[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters