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

09.09.08

Microsoft Against Apple and Google, By Proxy?

Posted in Apple, Courtroom, Google, Law, Microsoft, Novell, SCO at 8:20 am by Dr. Roy Schestowitz

Novell, Acacia, SCO, and those other suspected proxies

This particular type of issue is a known one and by no means something rare. Companies frequently use allies and partners to partake legal action on their behalf. It helps absorb the bad reputation and deflects attention from motives and dependence. This lends credibility to the attacks and attacker, whose real source (or funding source) is sheltered away. Hours ago we mentioned Sisvel/Simens, which is a relatively small but very new example.

A news item that was mentioned yesterday (no direct link) is an attack on Apple’s CEO.

Knowing that Microsoft may have launched lawsuits against Apple in the past (by proxy), it was curious to find that the author of the article is Dan Lyons, who has been fighting against GNU/Linux, being the Microsoft/SCO ally that he is (with a proven track record, e.g. [1, 2, 3, 4, 5, 6, 7, 8]). He has already attacked Apple in a variety of ways beforehand, typically under the pseudo-identity “fake Steve Jobs”. Groklaw was a typical victim of his ‘poison pen’ and yesterday Pamela wrote: “What a coincidence. Just as Psystar launches its antitrust counterclaim, here comes Dan Lyons with supportive media stuff, claiming Apple is becoming a monopoly. Anyone want to bet that his articles will show up in the court case? Some of us remember the SCO saga and how Lyons’ coverage of SCO’s claims were used. If you’d like to see the ad that Apple can’t run in the UK, here it is in its, to me, innocuous totality.”

Over at USENET, Nessuno writes: “This is some more of the same Microsoft propaganda strategy: What we do is not so bad, everyone else does it, too.”

“Apple’s not perfect by any means, but I never heard the attorney general of any state refer to Apple by saying, “This is not a company that appears to be bothered by ethical boundaries.”

“First Thurrott, now Lyons. Funny how they start squawking just as the $300 Million anti-Apple ad campaign begins. How much of that $300 Million do you suppose they got? Want to bet others will start piping up soon?”

The Thurrott incident is separate and there is already a strong rebuttal to it (we’ll return to this later). In relation to the brainwash used above and in addition to spin around Windows Vista, Grouch wrote
this comment in Groklaw:

Microsoft — the Ministry of Misinformation, producing innovative inveracity for more than thirty years. Is deception for dollars patented yet?

Also in Groklaw, progress on the Caldera trial [1, 2, 3] and on recovery of evidence is being made. Here are some ‘missing’ court documents. As a recap, shortly after a secret settlement, Caldera/SCO turned against Linux. Novell received tens of millions of dollars in the process.

The traces of such proxies are everywhere, but it needs analysing. For a fact, Microsoft is fighting Yahoo/Google by proxy with the help of AstroTurfing agencies such as LawMedia Group. The news now contains evidence of backlash, which is surely motived by such ‘pressure groups’ that work at Microsoft’s behest. The last example is ANA. Pamela Jones writes about it briefly: “For a little background, here’s a speech Steve Ballmer gave at an ANA conference about the future of advertising in October of 2007. Another Microsoft person describes Silverlight in some detail as well. And here’s how they work together in connection with AdID.” Here is the article she refers to:

Advertisers seem to be finding strength in numbers when it comes to Google. Individual companies have been hesitant to criticize the search giant’s partnership with Yahoo since it was announced in June, but the Association of National Advertisers came out against it yesterday.

The ANA, a trade group that represents companies including Procter & Gamble Co., Wal-Mart Stores Inc., and General Motors Corp., sent a letter to Assistant Attorney General Thomas O. Barnett yesterday recommending that the deal be blocked.

More information on Microsoft’s legal harassment against Google can be found in [1, 2, 3, 4]. There’s a lot more to it though. Microsoft may be using typcial ‘talking points’ to scrutinise not only Google but to slam Apple as well (labeling it “equally bad”). Roughly Drafted has the details on that. It generalises well to non-Apple incidents, so a few portions are quoted beneath.

Was Thurrott addressing the US Department of Justice, who convinced
the US District Court to convict Microsoft as a monopolist obstructing
competition? Was he defending Microsoft from “bad guy” complaints
raised by a number of US states which successfully presented a case
that the company was cheating customers? Were the “bad guys” European
Union regulators who insisted Microsoft not use Windows as a way to
force PC makers to bundle Windows Media Player? Or how about Iowa,
which sued Microsoft for falsely advertising that PCs that could not
really not run Vista were “Vista capable”? …

[...]

The real secret behind-the-scenes maneuvering in the tech world comes
from Microsoft, which has ghost written a blizzard of white papers and
surveys that attempt to point out that users are simply wrong and that
Vista’s problems are the fault of those pointing them out, and that
free software costs more than expensive software, and that Vista PCs
with a reduced security crisis are less vulnerable than Macs with no
security crisis.

[...]

If Mojave’s false pretense sounds like “bad guy” behavior, it’s
nothing in comparison to the astroturf (fake grassroots populist
efforts) Microsoft paid Ralph Reed to orchestrate during the monopoly
trial, where supposedly upset citizens, some of whom were actually
dead, filed complaints with the DoJ on Microsoft’s behalf.

[...]

The judge presiding over the monopoly trial wrote that Microsoft’s
executives “proved, time and time again, to be inaccurate, misleading,
evasive, and transparently false. [...] Microsoft is a company with an
institutional disdain for both the truth and for rules of law that
lesser entities must respect. It is also a company whose senior
management is not averse to offering specious testimony to support
spurious defenses to claims of its wrongdoing.”

Minnesota Attorney General Mike Hatch called Microsoft’s astroturf
campaign “sleazy,” saying, “This is not a company that appears to be
bothered by ethical boundaries.”

In a company of lawyers and marketers, has hope remained for decent technology?

“Usually Microsoft doesn’t develop products, we buy products. It’s not a bad product, but bits and pieces are missing.”

Arno Edelmann, Microsoft’s European business security product manager

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 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  2. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  3. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  4. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  5. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  6. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  7. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  8. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  9. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  10. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  11. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  12. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  13. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  14. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  15. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  16. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  17. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  18. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  19. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  20. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  21. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  22. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  23. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  24. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)



  25. The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

    IBM's special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn't happy about IBM's meddling in the blockchain space (with help from Hyperledger/Linux Foundation)



  26. The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

    In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents



  27. Links 2/12/2018: Linux 4.20 RC5, Snapcraft 3.0, VirtualBox 6.0 Beta 3

    Links for the day



  28. The Patent Microcosm Hopes That the Federal Circuit Will Get 'Tired' of Rejecting Software Patents

    Trolls-friendly sites aren't tolerating this court's habit of saying "no" to software patents; the Chief Judge meanwhile acknowledges that they're being overrun by a growing number of cases/appeals



  29. 35 U.S.C. § 101 Continues to Crush Software Patents and Even Microsoft Joins 'the Fun'

    The Court of Appeals for the Federal Circuit (CAFC) and even courts below it continue to throw out software patents or send them back to PTAB and lower courts; there is virtually nothing for patent maximalists to celebrate any longer



  30. The Anti-Section 101 (Pro-Software Patents) Lobby Looks at New Angles for Watering Down Guidelines and Caselaw

    By focusing on jury trials and patent trolls the proponents of bunk, likely-invalid abstract patents hope to overrule or override technical courts such as the Patent Trial and Appeal Board (PTAB)


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