EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.23.07

The Fourth ‘Patent Deal’ was with Europe… and the Sixth Deal That Won’t be

Posted in America, Antitrust, Bill Gates, Deception, Europe, Law, Microsoft, Protocol, Servers, Steve Ballmer at 10:41 pm by Dr. Roy Schestowitz

Europe’s agreement on patents predates the Turobolinux announcement

Having watched how Microsoft included patents in its deal with then EU (more on this in the next post), it is worth pointing out that the US won’t extend antitrust sanctions, despite rising opposition and the recent decision in Europe.

Here is the latest:

The U.S. Department of Justice said it will not seek to extend the restrictions placed on Microsoft Corp.’s business practices following its antitrust settlement with the U.S. government in 2002.

Many of the restrictions are due to expire Nov. 12, and last week several U.S. states filed motions in favor of extending them for a further five years. Four of those states — New York, Maryland, Louisiana and Florida — had previously said they opposed an extension.

The DOJ had also opposed the extension, and on Friday it made it clear that it would not be making a turnabout like the four U.S. states.

[...]

The DOJ didn’t explain its decision Friday. In August it said it felt the judgment had been successful in preventing Microsoft from continuing its exclusionary behavior.

The states who favor an extension disagree. They say operating systems haven’t evolved as quickly as people thought they would in 2002, and that Microsoft could still use the dominance of Internet Explorer to choke competitors in the emerging Web 2.0 world.

A status hearing that will likely address extending the restrictions is scheduled for Nov. 6 with District Court Judge Colleen Kollar-Kotelly.

The other states pushing for an extension are California, Connecticut, Iowa, Kansas, Minnesota, Massachusetts and the District of Columbia.

Separately last month the DOJ raised hackles in Europe by criticizing the European Union’s decision to reject Microsoft’s appeal of its antitrust decision there.

So, complaints are simply being ignored and no reason is even given. One ought to know that the U.S. Department of Justice has already been caught leaning the Microsoft way in unlawful ways. Examples include:

Microsoft Finds Legal Defender in Justice

Nearly a decade after the government began its landmark effort to break up Microsoft, the Bush administration has sharply changed course by repeatedly defending the company both in the United States and abroad against accusations of anticompetitive conduct, including the recent rejection of a complaint by Google.

[...]

In the most striking recent example of the policy shift, the top antitrust official at the Justice Department last month urged state prosecutors to reject a confidential antitrust complaint filed by Google that is tied to a consent decree that monitors Microsoft’s behavior. Google has accused Microsoft of designing its latest operating system, Vista, to discourage the use of Google’s desktop search program, lawyers involved in the case said.

Remember what happened when the EU ruled against Microsoft? The US government got involved in a fashion that it must never embrace. Here is the response that came from Neelie Kroes:

Kroes said that it was “unacceptable” that a representative of the US judiciary should criticise a court of law outside his jurisdiction.

“It is absolutely not done,” she told journalists on Wednesday.

“The European commission does not pass judgement on US rulings and we should expect the same from the US.”

Not only Europe complained about the DoJ’s gross bias in favour of Microsoft. Here is what the American Antitrust Institute had to say.

The AAI comments on the European Court of First Instance’s upholding of the EC’s Microsoft decision, taking the USDOJ to task for poor diplomacy and mistaken policy in its criticism of the EC.

If you though the DoJ was embarrassing enough, have a look at these other Microsoft-funded lobbying arms, ACT and CompTIA. Here is what happened upon Microsoft’s legal defeat in Europe:

Microsoft may have lost in court, but it quickly tried to win the war of media reaction via organisations like CompTIA, the Computing Technology Industry Association and ACT (the Association for Competitive Technology) which both intervened in court on its side.

“To make matters worse, the government as a whole was caught lobbying for Microsoft in Europe.”This is not the first time that ACT and CompTIA attack the EU. Both are funded by Microsoft, but have fancy names that hide their motives and bias. ACT and CompTIA also attack Free software, Linux, the GNU GPL, various products that rival Microsoft’s, OpenDocument format, and more. To make matters worse, the government as a whole was caught lobbying for Microsoft in Europe.

Who could ever forget heavy lobbying (bullying) in Florida, lobbying by Steve Ballmer, and lobbying by Bill Gates? They seem to be in total control of the government. There are many more, including Bingham McCutchen.

Microsoft Paid Paid Bingham McCutchen $160,000 to Lobby Federal Gov’t in First Half of 2007

There are many, many more, but it would take time to fetch the references and post them here.

At the end of the day, the situation in Europe is a poor one. Microsoft made its agreement incompatible with the GNU GPL and included patent provisions. In the US, there won’t even be an (sixth) agreement because the government keeps offering Microsoft ‘protection’, which is mutual. Hopefully you can see that politics simply cannot be separated from what ought to have been a purely technical and litigious discussion. There’s sheer abuse in the system.

Related articles:

E-mails released by the committee show that Abramoff, often with the knowledge of the groups’ leaders, exploited the tax-exempt status and leveraged the stature of the organizations to build support among conservatives for legislation or government action sought by clients including Microsoft Corp., mutual fund company DH2 Inc., Primedia Inc.’s Channel One Network, and Brown-Forman, maker of Jack Daniel’s whiskey.

Continuing on the theme of which politicians are receiving money from who. Here is a list of candidates who took money from MSFT.

Microsoft took first place with $651,100 given out, while Hewlett-Packard gave only $185,550, and Gateway gave a paltry $2,000. Microsoft’s donations certainly illustrate well the true size of the company and the extent of its political concerns.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  2. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  3. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  4. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  5. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  6. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  7. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  8. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  9. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  10. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  11. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  12. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  13. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  14. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  15. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China



  16. Patent Maximalism -- Like Copyright Maximalism -- Relies on Misconceptions and Mass Deception

    The latest examples of discussions about patent scope, courtesy of those looking to benefit financially by pushing such monopolies to the max



  17. Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

    While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow



  18. Brexit/Trump Effect: Patent Systems With Institutional Corruption and Nepotism

    Rumours about Britain's head of patents (and copyrights etc.) being the brother of the Brexit campaigner and Foreign Minister; meanwhile, on the other side of the Atlantic, rumours suggest that the corrupt judge Rader might be the next head of patents in the United States



  19. Links 11/1/2017: X.Org Server 1.19.1, GitHub's Atom 1.13

    Links for the day



  20. The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone's Expense

    Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)



  21. Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

    The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality



  22. Gradual Collapse of Microsoft's Extensive (and External) Patent Trolling Operations

    The President of Microsoft Technology Licensing LLC (patent troll) leaves and the founder of Intellectual Ventures, Microsoft's largest peripheral patent troll, joins Sherpa Technology



  23. No End to Battistelli's Witch-hunts Against the Media, Against Staff, and Against Politicians

    Rumours about the fate of people who are (or have been) criticising Battistelli's reign of terror at the EPO



  24. Links 10/1/2017: Synfig 1.2, Kodachi Linux 3.7

    Links for the day



  25. With Help From the US Supreme Court (Key Cases), Patent Trolls Are Going Away

    The demise of patent trolls in the United States, a trend partly attributable to Alice and other Supreme Court decisions, will likely accelerate soon (later this year) as the future of the Eastern District of Texas courts is at stake



  26. Patent Maximalism on Display: Patent Aggressor IBM Celebrated in the Media

    The patent lust at IBM, which is suing if not just shaking down companies using software patents, earns plenty of puff pieces from the corporate media



  27. FFPE-EPO, the EPO Management's Pet/Yellow Union, Helps Union-Busting (Against SUEPO) in Letter to Notorious Vice-President

    In a letter to Elodie Bergot (as CC) and Željko Topić, who faces many criminal investigations, FFPE-EPO ringleaders reveal their allegiance not to EPO staff but to those who perpetually attack the staff



  28. Links 9/1/2017: Civilization VI Coming to GNU/Linux, digiKam 5.4.0 Released

    Links for the day



  29. Links 9/1/2017: Dell’s Latest XPS 13, GPD Pocket With GNU/Linux

    Links for the day



  30. Update on Patent Trolls and Their Enablers: IAM, Fortress, Inventergy, Nokia, MOSAID/Conversant, Microsoft, Intellectual Ventures, Faraday Future, A*STAR, GPNE, AlphaCap Ventures, and TC Heartland

    A potpourri of reports about some of the world’s worst patent trolls and their highly damaging enablers/facilitators, including Microsoft which claims that it “loves Linux” whilst attacking it with patents by proxy


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts