08.22.14
Posted in Europe, Microsoft at 3:40 pm by Dr. Roy Schestowitz
Summary: Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences
AS one who works with the British public sector, I personally happen to know some of Microsoft’s very dirty (if not criminal) tricks. There are all sorts of ways by which one games these systems, especially by “lobbying” (to put it politely) those who make decisions. I have heard stories and also seen incidents, some of which I cannot share publicly. Microsoft simply refuses to play by the rules. To obey the law is some kind of a joke to Microsoft. Tomorrow we will give examples from Chile and Germany, but today we’ll focus on the UK.
Microsoft just loves to exploit British taxpayers. The UK is a relatively rich country that is most notorious for its excessive spendings on public IT. It is no wonder that Microsoft worked so hard to impede ODF adoption in the UK.
Microsoft is now trying to impose its surveillance ‘cloud’ (proprietary software with NSA access) on British transportation. How amazing is that? They label lock-in “modernisation”:
MICROSOFT HAS TEAMED with British internet systems installation company Telent and IT consulting company CGI in a bid to modernise London’s tube network using the Internet of Things (IoT).
Announced in a UK government blog post, the partnership will look to modernise the London Underground monitoring systems, which oversee critical rail assets with data from thousands of devices and sensors, by integrating Microsoft’s Azure Intelligent Systems Services software.
Why does the British government continue to throw away so much money, giving it to foreign companies with such a poor privacy record that they resemble moles with back doors and espionage tendencies? Local SMEs could do far better. This should be causing outrage, but there is apathy.
The NSA’ partner wants to conduct mass surveillance in London’s Tube and technical problems are sure to come. Just see LSE. Look what Microsoft had done to it before it moved to GNU/Linux.
A reader asks: “Is this just a bid or has a contract been signed?”
The article above merely links to a Microsoft marketing-esque blog.
In other news from the UK, some euphemistically-named “Microsoft Ventures” (for “the children” of course, just like the Microsoft- and Bill Gates-bankrolled Intellectual Ventures) is preying on children when not spying on them. Interestingly enough, this was posted under “Politics” by the Microsoft-friendly Condé Nast.
“Microsoft will provide funding, mentorship and workspace through its London startup accelerator, Microsoft Ventures. It will also develop a dedicated open skills badge for iDEA,” says this report. Got that? Open. Yes, lock-in is “open”.
When will Microsoft finally get out of the UK and stop pretending that it helps “the children” and “modernisation”? Lock-in in sheep’s clothing is all it is, and adding insult to injury, this is mass surveillance on British travelers (not a choice) and children who must attend schools. █
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Posted in Microsoft, Patents at 3:22 pm by Dr. Roy Schestowitz
Summary: More good news regarding the demise of patents as Microsoft’s leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted
Not only Microsoft is laying off nearly 20% of its staff after years of gradual (but mostly concealed) layoffs. Intellectual Ventures, the world’s biggest patent troll that Bill Gates and Microsoft created, is not quite managing to survive, not even with extortions coordinated and perpetrated en masse. We heard about Intellectual Ventures’ financial issues before, but this is a pleasant surprise:
Intellectual Ventures, the company Silicon Valley loves to despise, is laying off about 20 percent of its employees, Bloomberg Businessweek has learned.
On Tuesday, IV sent a memo to its workers, notifying them of the cuts. The company has been employing 700 people, which means about 140 will be let go. “We are making operational changes that are consistent with this reduction and will enable us to maintain and expand our leadership in the market for invention,” the company said in a statement. “Our assets—both people and intellectual property—are among the best in the industry.” Now, let me try to translate that.
Not too long ago Microsoft threw it a lifeline. This uber-troll, the world’s biggest and most vicious troll, is finally announcing layoffs and it is a major deal because it might come to show what will happen to other trolls like it. This Microsoft- and Gates-funded nuisance cannot go far without Microsoft subsidies, apparently.
Times are tough for a patent troll, apparently. A year ago, we noted that Intellectual Ventures — the world’s largest patent troll, who brought in billions of dollars by getting companies to pay up a shakedown fee to avoid lawsuits over its giant portfolio of patents (mostly cast off from universities who couldn’t find any other buyers) — was running out of cash. While IV did convince Microsoft and Sony to dump in some more cash, IV’s litigation strategy is in shambles. Various lawsuits are dropping like flies without any of the big wins that IV promised.
Now that SCOTUS sheds doubt on a lot of software patents things definitely improve. As one lawyers’ site put it a few days ago:
The Supreme Court has not attempted to “delimit the precise contours of the ‘abstract ideas’ category.” In other words, the Court is essentially saying “we will know it when we see it.” This presents a significant problem to inventors and patent attorneys working in the software industry.
In effect, the Supreme Court is proposing a syllogism such as the following:
- Patents shall not be granted on abstract ideas.
- X is an abstract idea.
- Therefore, a patent shall not be granted on X.
The problem is that the Court has not defined “abstract idea.” Furthermore, “abstract idea” is not self-defining and is not a term that is agreed to by everyone. In fact, an endless chain of assumptions must be followed in arriving at a definition. For example, a court might say: “A general purpose computer executing this software is an abstract idea.” A patent applicant then challenges this statement by saying, e.g., “how is this computer with a claimed memory, processor, input/output unit, and a specific software program “general purpose?” The Court then points to the holding in Alice that the particular claimed computer (system claim) is merely carrying out a method that is an abstract idea and the patent attorney is just re-writing the same general purpose method as a system claim and that including hardware elements does not transform the system claim from an abstract idea. This is circular reasoning.
What patent lawyers wish not to accept or even to grasp is the simple fact that, as we have explained before on numerous occasions, all software patents are inherently abstract. Patents do not cover code but only algorithms, which are conceptual. Code is covered by copyright law. As this gets realised by more judges and they make rulings based on this realisation we are likely to see software patents ebbing away. But don’t expect patent lawyers to give up easily, especially not Microsoft and its extortion strategists. Extortion with patents is Microsoft’s last hope. Here is alawyers’ publication publishing propaganda by a “registered patent agent”:
The Supreme Court has declared abstract ideas unpatentable, but there are structural and other ways around the restrictions, writes Christopher Hall.
Christopher Hall is a registered patent agent in the Silicon Valley office of Womble Carlyle. He has 17 years of industry experience as a professional engineer and is named as sole inventor or co-inventor on 15 granted patents.
Pointless self promotion and not even any content in this article, just an advertisement of vapourware. A bit like Intellectual Ventures… █
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Posted in FUD, GNU/Linux, Microsoft at 12:49 pm by Dr. Roy Schestowitz
Summary: Microsoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always
Windows, the common carrier of Microsoft, is such a sordid mess that it suffers regular glitches and conducts mass surveillance on users. Microsoft knows that without Windows it cannot survive, so dirty tricks resume in a very big way. This is not a beep on the radar but somewhat of a surge.
Bribing politicians in numerous countries is not enough for Microsoft (it got caught), so moles too seem to be rolled into action. Microsoft Peter says that the chief criminal (behind bribes to officials) is distancing himself from Microsoft, but the corruption itself is not stopping:
Former Microsoft CEO Steve Ballmer has announced that he’s stepping down from the company’s board, effective immediately.
Don’t think for a second that it means the crimes will stop. Under his leadership Brazil was attacked by proxy for its ODF policy and many other nations that are cheap to bribe or corrupt suffered from Microsoft intervention. It is digital imperialism. Consider the Philippines, which has been the victim of colonialism for hundreds of years. In 2008 we wrote about what Microsoft had done in the Philippines to derail a Free software policy and bill. Now Microsoft does something similar in Santiago, writing or changing legislation by proxy, if not bribing people as well (the modus operandi of Microsoft against public officials). In 2008 we wrote about what Microsoft had done in Chile and Ernesto Manríquez tells us that it is happening again. “Microsoft bought local politician Daniel Farcas to neutralize a resolution forcing Chilean gov’t to use FLOSS,” he told me, adding that “Farcas was involved in a corruption scandal with his university, UNIACC (controlled by Apollo Group)”.
Finally he shows an article where, according to him and his translation “Vlado Mirosevic reveals sabotage by MS to res promoting FLOSS usage in Chielan gov’t. “MS RAPED us””.
The article from Renato Garín says (in English): “To understand the debate is necessary to observe the sequence of events. The Mirosevic MP, the Liberal Party of Chile, intended to introduce a bill regarding free software and encourage its use by the state. The draft agreement submitted by Deputy Mirosevic was also signed by nine other legislators seeking the State to take into account the alternative of free software versus software license, which is paid over 36 billion a year, according to the detail built by the team of deputy. Aware of the threat to their interests, representatives of Microsoft came to interview Mirosevic to persuade him down this motion. In these efforts, Microsoft was accompanied by a strategic communications company called Factor C, whose website service lobby is not mentioned and whose executive director is Javiera de la Cerda, UDI lady mayor of Las Condes, Francisco de la Maza.”
On it goes: “Having described the case of free software, it seems clear that this conflict between Mirosevic Microsoft has an edge and lobbying that can not be overlooked. The regulation of lobbying, we know, is already stipulated in the Law 20.730 which comes into operation yet, because we are waiting for the issuance of the respective regulations. In the short term does not seem plausible to have the law in place, since then the rules have to mount a digital system which enables meeting of parliamentarians and other authorities involved. However, the team has put into operation Mirosevic equivalent minuta to which shall be constructed under Law 20.730. minuta In this, the role played by the company Factor C is seen as a representative of Microsoft and ACTIS. On the website of Factor C mention the lobby as such does not appear. Factor C ¿Understand that what they do is lobby?
“All this leads to the icing on the cake if exposed by the report of Fluxá. It turns out that, in the negotiations in the Senate, an indication is included for companies producing software that will work in practice as a subsidy. That is, the original draft of Mirosevic candid unleashed lobby eventually pushed the project Farcas and then the indication in the tax reform bill. This shows the effectiveness of carambola lobby, the ability to promote and neutering bills and motions, ending leading to direct benefits to large companies. In parallel, an alliance orchestra with small producers to align interests and negotiate together. The result is obvious: to legislate his pint. The logic and the project know as the Fisheries Act, which was dubbed ” a picnic Lobby “by Senator Carlos Montes.”
Ernesto Manríquez shows us another new article. To quote an English translation of the headline: “Deputy Mirosevic reveals sabotage project that promoted free software: “Microsoft violated us””
Here is some translation of the article’s body:
A multimillion-dollar business, in fact nothing less than 36 billion dollars that the State of Chile paid annually to companies by the concept of “software licenses”, ie, authorization to use such common programs such as the Windows operating system or Office programs, Word and Excel.
But did you know that this -upper the amount required to build a hospital of high complexity-pocket is mostly unnecessary? This is because in recent years, countries such as Germany, France, Spain, Russia, China and Brazil have joined the trend of free software, a mode in which programs developed jointly used by hundreds of people, who then distributed for use at no charge.
Following this policy, the deputy Vlado Mirosevic introduced in May this year a bill ordering the Chilean State to prefer free software over proprietary software. The legislation specified that only when a department submit a written justification, may purchase a license.
“We are not against the state hires Microsoft license or other services, but we are breaking this trend in the culture of the state to hire proprietary software because it is the one most on hand. The idea is that the state is obliged to seek alternative services that are free, that will mean significant savings, “he said at that time the deputy Arica daily La Tercera .
Soon, Mirosevic realized that large software companies had accused the coup. As explained by a news magazine Friday picked up by The Desk , Alex Pessó, manager of legal and corporate affairs at Microsoft, traveled to Congress to join him, to expose studies and arguments rebutted the project that had submitted .
However no parliamentary traded. Quite the contrary, received immediate support from other former student leaders as Giorgio Jackson and Gabriel Boric, who were more akin to the ideology of community development. In the case of the other congressmen, he realized that most of them did not understand the topic.
“Half the people had no idea what we were talking. I’m not saying the free software concept, rather the software, but as we had calculated, the rest followed those that had understood, “said Mirosevic publication.
This is becoming a hot article in Chile at the moment. Further down it says:
“Microsoft violated us. And worse, it was a rape that ended in pregnancy, “he snapped.
This is because under the new draft Farcas, not only no longer promotes free software in the state, but a tax break for companies that hire or subscribe technology services through the Internet is established. “It’s a tax benefit to companies to use proprietary software. It encourages buying and state, instead of saving, subsidizing ends, “he added.
Chile would be foolish to stay with Microsoft, especially given public knowledge about espionage by NSA, Microsoft’s “special” partner. It is a matter of national security. Likewise in Germany. Right now Microsoft (through its partners and embedded pseudo-journalists) is libeling Munich's migration to GNU/Linux (see our update with refutation) and one Romanian journalist says that it is “Proof That Microsoft Is Still an Evil Company”. Microsoft has tried so many dirty tricks against Munich and the latest is perhaps a mole of Microsoft. To quote the journalist: “Reports about the city of Munich authorities that are considering the replacement of Linux with Microsoft products mostly comes from one man, the Deputy Mayor of Munich, who is also a long-term self-declared Windows fan.
“Munich is the poster child for the adoption of a Linux distribution and the replacement of the old Windows OS. It provided a powerful incentive for other cities to do the same, and it’s been a thorn in Microsoft’s side for a very long time.
“The adoption of open source software in Munich started back in 2004 and it took the local authorities over 10 years to finish the process. It’s a big infrastructure, but in the end they managed to do it. As you can imagine, Microsoft was not happy about it. Even the CEO of Microsoft, Steve Ballmer, tried to stop the switch to Linux, but he was too late to the party.”
Even after refutation some Microsoft boosters continue to repeat the propaganda and the lies (no need for links to examples here, as that would feed them). They will probably continue to do this for a while, totally ignoring refutations that are not convenient to this Microsoft brainwash attempt (trying to scare those who wish to mimic Munich and follow its example). Bribes go a long way and Microsoft has clever ways of distributing them. We gave numerous examples from Munich (‘soft’ bribes).
Microsoft is a highly corrupt company, but it is unlikely that its staff will be sent to jail. Microsoft exploits this perceived immunity (laws do not apply) to act recklessly. As Pogson puts it
Of course, the mayor might get a different result if he accepts voluntary labour from M$ or hires his nephew to do the research, but the council is wide awake and understands the issues, so I doubt there will be some coup in IT.
Nothing is going to change in Munich, but Microsoft is trying to maintain an international/universal perception that the migration to GNU/Linux was a disaster. Numerous anonymous blogs were created to attack Munich over this and provocateurs of Microsoft loved citing them, only to be repeatedly proven wrong. Microsoft is trying to make an example out of Munich in all sorts of nefarious ways. We need to defend Munich from this malicious assault by the convicted monopolist and corrupt enterprise that’s acting as though it fights for its very survival (while indeed laying off tens of thousands of employees). █
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Posted in Microsoft, Vista 8, Vista 9, Windows at 12:26 pm by Dr. Roy Schestowitz
“Influential writer Esther Dyson (pictured here in 2008) popularized the term “vaporware” in her November 1983 issue of RELease 1.0.” — Wikipedia on vaporware (image originally posted to Flickr by eirikso)
Summary: Microsoft’s Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft’s vapourware tactics (focusing in imaginary, non-existent versions of Windows)
A few days ago Windows showed why it is widely recognised as a piece of trash. Even Microsoft cannot manage it as Microsoft Azure failure got reported. All it’s good for is mass surveillance by the NSA. At the same time we learned about the latest Vista 8 failure. When not promoting Microsoft at the expense of Linux Microsoft’s booster Gavin Clarke wrote about Microsoft bricking Windows: [via]
Patch early and patch often is the advice of security professionals when it comes to software updates.
After all, who needs to be left wide open to hackers and malware writers when the solution is delivered by the software’s maker?
Yet sysadmins will be increasingly leery of applying such an approach to Windows systems following Microsoft’s latest botch job.
On 12 August Microsoft released 40 updates for Internet Explorer, Windows 7 and Windows 8 Pro.
Vista 8 is such an utter mess (worse than Vista) that the editor of InfoWorld at IDG, Eric Knorr, decided to start advertising Microsoft vapourware. Shame on IDG and Knorr. As we showed before, Microsoft had started Vista 8 vapourware half a year before Vista 7 was even released. This was done through known Microsoft boosters. Gavin Clarke was the first. █
“In the face of strong competition, Evangelism’s focus may shift immediately to the next version of the same technology, however. Indeed, Phase 1 (Evangelism Starts) for version x+1 may start as soon as this Final Release of version X.”
–Microsoft, internal document [PDF]
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Posted in Patents at 12:14 pm by Dr. Roy Schestowitz
Summary: A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry’s new patents apparatus
The other day we wrote about BlackBerry, which had become — at least in part — a patent troll. The media does not use the “T” word (troll), just as it never uses the other “T” word (terror) when it comes to state terrorism. It’s all about scale and it’s about who controls the media. As one more article puts it:
BlackBerry has created a new business unit to house its most promising assets – cryptographic applications, its QNX embedded software, patent portfolio and Project Ion platform.
The third one is the trolling component and it shows that one need not be a ‘classic’ troll to become a pain in the bum. BlackBerry shows that large companies too can go out of control with patents, especially when they are losing. Microsoft has already done this with Nokia, which fed patent trolls such as MOSAID at Microsoft’s request. Microsoft also collected other patents from defunct companies (Nortel, Novell, etc.) for the purpose of attacking FOSS. Remember this whenever one tries to shift patent debates only to small (‘classic’) trolls. The biggest trolls (like Microsoft) are by far the biggest problem and one way to circumvent their abuses is to tackle the patents themselves, or the patent system (many patents in one fell swoop).
Here in the press is MPHJ Holding again. It is one of the more notorious patent trolls these days and here again is a reminder of its actions, courtesy of TechDirt:
Vermont’s Case Against Notorious Scanner Patent Troll Moves Forward
Last year, there were a few stories concerning a really despicable (more than usual) patent troll called MPHJ Holdings. Joe Mullin, over at Ars Technica, had dug deep into the details, finding a bunch of shell companies all sending demand letters to various small companies demanding around $1,000 per employee for using a network-connected scanner that includes a “scan to email” feature (i.e., pretty much any scanner on the market today). There were all sorts of sketchy things about MPHJ, and it was pretty clear that it and all its shell companies were effectively shaking down small businesses. It was so egregious that Vermont’s Attorney General sued the company, claiming that it was engaged in “unfair and deceptive acts” with its threat letters.
Another notorious patent troll reportedly shakes down another victim. “A few weeks ago,” writes TechDirt, “we noted that Personal Audio, the patent troll that ridiculously pretended to own a patent on “podcasting” had put out a press release saying that it had tried to settle with Adam Carolla, the podcasting giant that the Personal Audio had sued a while ago. But Carolla had refused to settle. If you haven’t been following the case, Personal Audio claims that patent 8,112,504 covers podcasting and went after a few of the “big names” with lawsuits, while sending demand/threat letters to many others. Carolla fought back hard, getting a bunch of other top podcasters to speak up as well, and point people to a crowdfunding campaign for a podcasting legal defense fund.”
The bottom line is, there are large companies that are conducting business just like patent trolls and we must recognise this if we are ever to recognise the true nature of the patent problem. Sadly, the corporate press prefers to only focus and demonise the ‘classic’ trolls, not the corporations that fund the press to call the same practices “cross-licensing”, “patent agreement” or some other euphemisms when large entities are involved. █
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