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09.01.09

Comes Antitrust: Microsoft McCarthyism Exposed

Posted in Antitrust, Deception, FUD, GNU/Linux, Marketing, Microsoft, Vista 7 at 3:22 am by Dr. Roy Schestowitz

Microsoft lists

Microsoft lists - page 2
Microsoft’s journalists ‘hit list’

Summary: Microsoft classifies journalists by their level of affinity for Microsoft, then seeds the press using more “loyal” people

AS we last noted 3 days ago, Microsoft collects dossiers on journalists using its PR agencies/departments. It is akin to McCarthyism.

What is it all about?

Well, Microsoft does approach journalists in order for them to disseminate new information. For instance, if Microsoft has layoffs to announce, it would rather have a friendly journalist break the news. If a new product is being announced, Microsoft needs to create excitement by preparing selected journalists and using an embargo/NDA to storm the press simultaneously and thus crash/overwhelm/silence opposition. There are even examples where Microsoft hand-picked journalists based on their profiles (it kicked out the ‘wrong’ people) and then gave them laptops with Vista 7 before anyone else was even able to have an experience with the operating system (pre-beta). This way, Microsoft created the early consensus that Vista 7 was good. It conveniently neglected to reveal the fact that only friendly folks (to Microsoft) were able to write anything based on a hands-on experience. The same happens at present because mostly MSDN subscribers and Windows enthusiasts ever write anything about the product which they impatiently wait (it has not been released yet). It was almost exactly the same with Vista in 2006.

“This way, Microsoft created the early consensus that Vista 7 was good.”Another opportunity for Microsoft to approach journalists whom it likes is when Microsoft’s competition has an important announcement to make — an announcement that Microsoft wants to derail publicly without it ever appearing like Microsoft is responsible for it. Think of it as “party pooper by proxy”. Such was the case when Microsoft used Maureen O’Gara to issue anti-OSDL (its close equivalent is now known as “Linux Foundation”) material [1, 2]. O’Gara writes for Sys-Con, which has a serious spam and defamation problem [1, 2]. After all that abuse came a Google ban, but there is seemingly a new domain replacing the former (or maybe a separate domain altogether). Anyway, lack of integrity in this ‘news’ site is what needs to be remembered.

The O’Gara+Microsoft+Waggener Edstrom versus OSDL/Linux incident has already been covered in Groklaw, but Groklaw misses/leaves out much of the document, which Pamela Jones does not present in plain text form. She does, however, end with:

Here’s the complete exhibit as text, with the exception of the list of press and analyst contacts at the very end, which you can read from the PDF. It’s certainly worth doing. It’s a long list of press/analyst contacts, many with notations as to whether they were perceived to be “balanced” or “negative”, such as Stephen Shankland and Paula Rooney in the “negative” category and Rob Enderle and Barbara Darrow in the “balanced” group. And some have no category, like Dan Lyons. I don’t know if that means that category was unknown or already sewn up or what. I’ll let you be the judge.

Since some people have been accusing us of keeping track of fake/bias/corruptible ‘reporters’ (complainer are typically those whose agenda or bias get exposed there), we shall show that Microsoft does exactly this. Thanks to 3 volunteers, we finally have this full list of journalists, which was worth having in textual form (but whose text was extremely hard to decipher). By Microsoft’s terminology (Waggener Edstrom is Microsoft's PR department), “Balanced” means “with us” and “Negative” means “against us”. Might they have similar lists for politicians?

“By Microsoft’s terminology (Waggener Edstrom is Microsoft’s PR department), “Balanced” means “with us” and “Negative” means “against us”.”Here is the full exhibit, Exhibit PX04081 (2000) [PDF] and also the text version, which we append at the bottom (there is repetition in the text, which is sensibly omitted).

Notice how John Markoff is also mentioned as an option for Microsoft to ‘plant’ stories (they use the word “planted”). Carla from Linux Today has repeatedly accused him of not letting it be known that issues like Conficker only affect Windows, until recently. Such is the case with The New York Times in general because of the business relationship with Microsoft [1, 2].


Appendix: Comes vs. Microsoft – exhibit PX04081, as text


PLAINTIFF’S
EXHIBIT
4081
Comes vs. Microsoft

From: Doug Miller
Sent: Monday, August 28, 2000 12:03 PM
To: Stephanie Wettstein (Waggener Edstrom); Katrina Busch (Waggener Edstrom); Chuck Humbie (Waggener Edstrom); Steve Aeschbacher (LCA)
Cc: David Martin (WINMKTG); Adam Sohn; Vivek Varma; Brian Schuster; Dan Nesult; Dan Crouse (LCA); Tom Burt (LCA); Chris Meyers (LCA); Lisa Tanzi (LCA); Kim Akers (WINDOWS); Tom Phillips; Carl Stork; Mike Porter; Bill Veghte; Brian Valentine; Jim Ewel; Vivek Varma
Subject: FW: OSDL PR Plan – attorney client privileged

attorney client privileged

Stephanie/Kate/Chuck, please find attached the PR response plan for the anticipated OSDL announcement. As discussed in our PR meeting this morning. David & I have spoken with Maureen O’Gara (based on go ahead from BrianV) and planted the story. She has agreed to not attribute the story to us. WaggEd actions include reviewing the positioning, review the proposed buddy mail, review Q&As, etc.

Privileged Material

Redacted

We expect this to leak later today. At that point we will proactively respond or contact press with our positioning points.

OSDL PR Response Plan

Situation:
Microsoft expects

1. The public announcement (8:30 am Wed Aug. 30 2000) of the following structure (referred to as OSDL) that is a consortium between Intel, Redhat, IBM and HP

* Independent, limited # of employees, non-profit entity.
* Participiting companies contribute equipment and money
* Two levels: (i) founders/steering board, big $ contributors, (ii) general members not steer but contribute technology, benefit from “the IP protection”

2. OSDL’s operations guidelines will be to delop a set of infrastructure for open source development projects, claim that target is very high end space competing against UE10000.

3. OSDL to provide:

* IP buffer for the Open Source community — “solving the IP problem of the GPL” — “to get around GPL issues”.
* Linux primary beneficiary, other OSS projects could benefit.

4. OSDL’s possible goals include:

* IP buffer. Ship GPL code unchanged without donating via GPL patents in that code.
* Chip demand increase
* Converged Linux/GPL code base (required to make available to community)
* “Planned” releases, coordination, obvious OSS inertia and royalty savings c.f. Windows
* Undifferentiated “subsidy” foundation for their “expensive” proprietary, add-on products
* “Industry standard” APIs for add-on products (i) mitigating risk of drawing of value-add products into the GPL, (ii) direct focus of OSS energy towards slowing how much code flows into the GPL to preserve opportunity for expensive add-on products.

Objectives:

Reduced potential negative PR to Microsoft, reinforce our message that we are here now with customer solutions and question the customer value of this announcement.

Actions:

Positioning:

1. The drive to build the Next Generation Internet is happening now.

* Microsoft always welcomes fair competition, as in the end this benefits customers.
* Microsoft is in the best position today, to go after this business and solve real customer business problems
* Microsoft focuses on customer solutions, rather than “fashion” technologies
* We have good relationships with Intel, IBM, HP and others who are having great success solving business

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MS-PCA 2599420


customer needs today with Windows 2000.

2. Bad news for Sun & GPL

3. Old UNIX guard attempting to hijack Linux to go after Sun

* This will drive a wedge between the original Linux champions who are for “free” software and the established commercial UNIX “old guard” further confusing customers
* Old UNIX guard want to adopt the UNIX business model where they provide proprietary differentiation on top of a common base as they realize they can’t add any competitive differentiation under the GPL.
* Appears to be business as usual for the fragmented UNIX market and very reminiscent of previous UNIX alliances.

4. These types of alliances ultimately do not benefit customers and have historically been prone to failure (OSF all over again for example)

* Customers want solutions today and clearly it will take a long time for this new group to produce viable production quality, customer-ready solutions.
* Linus Torvalds, the creator of Linux, himself recently said Linux was 5-10 years behind Windows.
* Linux and Open Source are supposed to be all about “free” technology and no one group having competitive advantage. This new alliance seems to go against these principles.
* What about HP-UX, IBM AIX and the IA-64 Monterey project? Are these dead? HP and IBM have said in the past that those platforms are what they are using to target the high-end UNIX segment.

Tactics:

* Confirm Compaq and Dell are not part of this announcement and are informed of Microsoft’s position. Owner: Compaq – jime, Dell adamso
* Inform Maureen O’Gara (Senior Editor Client Server News/LinuxGram) or John Markoff (NYT) of announcement on Aug 28, 2000. Owner dougmil (Approval received from BrianV to proceed)
* Contact Eric Raymond, Tim O’Reilly or Bruce Perrins to solicit support for this going against the objectives of the Open Source movement. Owner: dougmil [Doug Miller]. Note that I will not be doing this. Maureen O’ Gara said she was going to call them so it looks better coming from her.
* Issue “buddy mail” to target press list at the time of the announcement and begin to proactively call-down to editors immediatley after announcement made. Owner: davidmar
* Contact analysts (Summit Strategies or Creative Strategies) for their assessment of implications. Owner: davidmar

Publication call-down:

potential press list only – confirmation required by Waggener Edstrom

[Contacts_xls]

Buddy Mail:

[icon]
Old UNIX guard
Hijacks Linux

Rude Q&A:

Q. So what does Microsoft think of this announcement?
A. Microsoft welcomes healthy competition but we don’t see how this will benefit customers. Groups like these typically take years to get their act together — for example OSF, the Open Group, iABI, the ACE initiative, the UNIX SVR4 “Destiny” project, etc. Microsoft has solutions for customers today.

Q. What does this say about your OEM relationship?
A. Microsoft has healthy relationships with IBM, HP, Intel and have they substantial successful businesses based around Windows solutions. I’m sure their commitment to Microsoft technologies will not be affected by this announcement.

Q. Is Microsoft developing a version of Office for Linux?
A. No, we have not seen volume demand for this in the commercial marketplace.

Q.There seems to be a momentum behind Linux based research from IDC and Netcraft
A. Netcraft recently revised their methodology to more accurately describe sites actually being used by customers. Windows and Linux have approximately the same number of active sites however the big news is Microsoft technology is running half of the servers that power the Internet. Many of these servers are predominantly deployed within the Fortune 500 and other major businesses around the world. IDC’s recent research highlights the number of

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MS-PCA 2599421


copies of Linux distributed — however given that Linux is free, this by no means represents real-world usage of Linux as a production operating system.

Q. Does Microsoft have plans to open source any of it’s products?
A. Microsoft have a number of source programs today for customers and developers. We are continually listening to feedback from customers on how best to help them provide great solutions on Windows platforms.

Questions for the press to ask OSDL:
Q. What about other UNIX offerings (AIX, HP/UX, Monterey) from the participants?
Q. How does this play versus all the other announced initiatives (LSB, GNOME Foundation, Trillian, etc…)
Q. This sounds like a closed club — we thought the whole point of open source was is open for anyone to join?
Q. Isn’t OSDL simply another well-funded Redhat
Q. Does this indicate that RedHat’s existing business model is untenable?
Q. Did OSDL founders consult Linux Torvald, Eric Raymond, Bruce Perens, et al. re appropriateness and objectives of OSDL formation?
Q. What is the corporate structure of OSDL? Who owns it? Who controls it? Will OSDL make the agreements between its founding members public?
Q. Can other companies join OSDL and, if so, what types of participation are possible?
Q. Would OSDL consent to OSS community oversight?
Q. Who will control the work done by OSDL? Will OSDL work be “open” to public inspection, i.e., conducted on the web with unrestricted public access? If not, why not?
Q. Who will have ownership of IP relevant to code developed by OSDL? What about code contributed to OSDL?
Q. Will all code released by OSDL be released under the GPL? If not, what code will be subject to different terms/conditions, what terms/conditions will apply, and who will decide what code to except from the GPL?
Q. How can OSDL avoid the code it releases being subject to the GPL if OSDL is modifying GPL code?
Q. Will OSDL provide any representations/warranties/indemnification that code released by OSDL is free from infringements?

Doug Miller mailto: [redacted]@microsoft.com
Microsoft Corporation / [redacted address, phone, fax, cell/pager number]

HIGHLY CONFIDENTIAL
MS-PCA 2599422



Publication		Type		Position		Disposition	First Name	Last Name 	e-mail address [addresses redacted]

ABCNews.com		Press							Johnathon	Dupe		
Aberdeen		Analyst							Joe		Clabby
AP			Press							Cliff		Edwards
AP			Press							Michael		Martinez
AP			Press							Martha		Mendoza
Bloomberg		Press							David		Ward
Boston Globe		Press							Hiawatha	Bray
Business Week		Press					Balanced	Mike		Moeller
Business Week		Press					Balanced	Dennis		Berman
Business Week		Press					Negative	Steve		Wildstrom
Business Week		Press							Jay		Greene
Business Week		Press							Steve		Haram
Business Week		Press							Kathy 		Rebello
C/Net			Press					Negative	Shankland	Stephen
C/Net			Press							Stephanie	Miles
C/Net			Review					Balanced	Jessica		Branson
Chicago Tribune		Press							James		Coates
CIO Magazine		Press							Polly		Schneider
CNBC			Press							Renay 		San Miguel
Computer Reseller News	Press					Balanced	Barb		Darrow
Computer Reseller News	Press					Negative	Paula 		Rooney
Computer Reseller News	Review					Balanced	John		Yacena
Computer Reseller News	Review					Balanced	Eric		Eigar
Computer World		Press					Negative	David 		Orenstein
Computer World		Press		Senior Writer				Dominique	Declumyn
Computer World		Review					Balanced	Cynthia 	Morgan
Computer World		Review					Balanced	Russell		Kay
Dallas Morning News	Press							Jean Nash	Johnson
DataQuest		Analyst					Balanced	Chris		Le Toq
DataQuest		Analyst					Balanced	Kim 		Brown
Dow Jones		Press							Mark		Boslet
Dow Jones		Press							Rick		Jergends
Eastside Journal	Press							Clayton 	Park
ENT Mag			Press							Tom 		Sullivan
ENT Mag			Press							Brian		Ploskina
Fin. Times of London	Press							Louise		Kehoe
Forbes			Press					Balanced	Julie		Pitla
Forbes			Press							Elizabeth	Corcoran
Forbes			Press							Dan		Lyons
Forbes			Review					Negative	Steve		Manes
Fortune			Press					Balanced	David		Kirkpatrick
Fortune			Press					Negative	Jodi		Mardesich
Fortune			Review					Negative	Joel		Dreyfuss
Gartner			Analyst					Balanced	Joel		Barkin
Gartner			Analyst					Negative	George		Weiss
Gartner			Analyst							Kathryn		Russell
Gartner			Analyst							Michael		Gartenberg
Giga			Analyst					Balanced	Rob		Enderle
Giga			Analyst					Negative	Stacy		Quandt
Houston Chronical	Press					Dwight		Silverman
IDC			Analyst					Balanced	Bill		Peterson  (Went to Turbo Linux)
IDC			Analyst					Negative	Dan		Kusnetzky
IDC			Analyst							Al		Gillen
Industry Standard	Press							Alex		Lash
Information Week	Press					Balanced	Rick		Whitting
Information Week	Press							Aaron 		Ricardela
Information Week	Press							Stephanie	Stahl
Information Week	Review					Balanced	Logan		Harbaugh
InfoWorld		Press		Editorial Director 	Balanced	Ed		Scannell
InfoWorld		Press							Bob		Trott
InfoWorld		Review							Dan		Sommer
InfoWorld		Review					Balanced	John		Brodrick
InfoWorld		Review					Balanced	Mark		Pace
InfoWorld		Review							Kevin		Railsback
Interactive Week	Press							Charlie		Babcock
Internet Week		Press		Senior Editor				Nick		Turner
LA Times		Press							Stanley		Holmes

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MS-PCA 2599423



Meta			Analyst					Balanced	Steve		Clayhans
Meta			Analyst							Doug		Lynn	(Recommended by Mike Pettyjohn (Netcraft)
Meta			Analyst							Peter 		Firstbrook
MSNBC			Press							Bob		Sullivan
MSNBC			Press							Marty		Wolk
Network Computing	Review					Balanced	Art		Wittman
Network Computing	Review					Balanced	Fritz		Nelson
Network Computing	Review		Sr. Tech. Editor			Ron		Anderson
Network Computing	Review 		Contrib. Editor				Peter		Morrisey
Network World		Press		Senior Editor				John		Fontana
Network World		Review					Balanced	Lee		Schlesinger
New York Daily News	Press							Nancy		Dillon
New York Times		Press							Steve		Lohr
New York Times		Press							John		Markoff
New York Times		Review					Negative	Pete		Lewis
PC Magazine		Review					Balanced	Michael		Miller
PC Magazine		Review					Balanced	Steve		Rigney
PC Magazine		Review					Balanced	Ben		Gottesman
PC Magazine		Review					Balanced	David		Lidsky
PC Magazine		Review					Balanced	Steve		Buehler
PC Magazine		Review					Balanced	Larry Seltzer	Miller
PC Week			Press					Balanced	Scott		Berinato
PC Week			Review					Balanced	John 		Teschek
PC Week			Review					Balanced	Pankaj 		Chowdhry
PC Week			Review					Balanced	Henry		Baltazar
PC Week			Press							Grant		Dubois
PC World		Press							Harry		McCracken
PC World		Press							Julian		Milenbach
PC World		Press							Scott		Spanbauer
Reuters			Press							Dick		Satran
Reuters			Press							Chris		Stetkiewicz
San Diego Unuin Tribune Press							Mike		Drummond
San Francisco Chronicle Press							Benny		Evangelista
San Francisco Examiner  Press							Al      	Saracevic
San Jose Mercury News	Press							Cecilia 	Kang
Seattle PI		Press							Dan		Richman
Seattle Times		Press							Paul		Andrews
Sm@rt Reseller		Press							Mary Jo		Foley
Small Bus. Tech. Report Press							Ramon		Ray
Tacoma News Tribune	Press							Christine 	Carson
TechWeb			Press		Software Editor				Stuart		Glascock
Time			Review					Negative	Josh		Quittner
US News & World Report  Press							Susan Gregory	Thomas
USA Today		Press							Deborah		Solomon
USA Today		Review							Bruce 		Schwartz
Wall Street Journal	Press					Balanced	David 		Hamilton
Wall Street Journal	Press					Negative	Lee 		Gomes
Wall Street Journal	Press  		Staff Reporter				David		Bank  
Wall Street Journal	Review					Negative	Walt 		Mossberg
Washington Post		Press							David		Streitfeld  
Windows NT Magazine	Review							David 		Chernicoff
Wired			Press							John		Gartner
Wired			Press							Chris		Jones
Wired			Press							Chris		Oakes
Yankee Group		Analyst							Eric 		Klein
ZD AnchorDesk		Press							Jesse		Berst
ZD AnchorDesk		Press							Liz		Enbysk
ZDNet			Press							Lisa		Bowman

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MS-PCA 2599424


Subject: Old Guard UNIX hijacks Linux
Editor:

No doubt you have already heard the announcement of the latest Linux consortium (ODL) between Intel, Red Hat, IBM, and HP.

The purpose of this email is to give you Microsoft’s perspective on ODL:

1. The drive to build the Next Generation Internet is happening now
* Microsoft is in the best position today, to go after this business and solve real customer business problems
* Microsoft focuses on customer solutions, rather than “fashion” technologies
* Microsoft welcomes fair competition as in the end this benefits customers
* We have excellent relationships with Intel, IBM, HP and others who are having great success solving business customer needs today with Windows 2000.
2. Bad news for Sun & GPL
3. Old UNIX guard attempting to hijack Linux to go after Sun
* This will drive a wedge between the original Linux champions who are for “free” software and the established commercial UNIX “old guard” further confusing customers
* Old UNIX guard want to adopt the UNIX business model where they provide proprietary differentiation on top of a common base as they realize they can’t add any competitive differentiation under the GPL
* Almost business as usual for the fragmented UNIX market and very reminiscent of previous UNIX alliances.
4. The consortiums ultimately do not benefit customers and have historically been prone to failure (OSF all over again for example)
* Customer want solutions today not have to wait for protagonists, politics and glacial inefficiencies
* Linus himself recently said Linux was 5-10 years behind Windows.
* Linux and Open Source are supposed to be all about free technology and no one group having competitive advantage
* What about HP-UX, IBM AIX and the IA-64 Monterey Project? Are these now dead? HP and IBM have said in the past that those platforms are what they are using to target the high end UNIX segment.

Please let me know if you have any questions or would like to speak with a Microsoft spokesperson. I would be happy to arrange this.

Best Regards,

MS-PCA 2599425
HIGHLY CONFIDENTIAL

Credit: wallclimber and 2 more anonymous volunteers

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5 Comments

  1. twitter said,

    September 1, 2009 at 8:49 pm

    Gravatar

    So, how does WE treat people who offend M$ in any way? Like this:

    CES publishes a list of press. You are one of a few thousand. … I have seen nasty people like you melt away faster than a snowball going up hill in the rain. I am waiting for an apology. Maybe we can meet at CES for a hug or a slug. P.S. I just visited your web site. I would hardly call your blog a publication, However, you do have very interesting content ….

    Now that’s something that should make you say, “Wow!” Big WE has the single key to mighty M$’s inside dope, so all the thousands of little journalist have to do as they are told or be excluded. Name calling is resorted to rather than complaining about actual behavior, probably because nothing wrong was done and complaining about it would only document how petty and controlling WE is. Physical violence is threatened, even while they think they have a chance of getting favorable reporting. The people at the receiving end of this blast were at step 1 of M$ abuse.

    Those who bother to think for themselves and act honestly are in for a much harder time. There’s a long list of people who have been smeared, fired and otherwise harassed for displeasing M$. Dan Greer, Peter Quinn, Peter Guttmann, TechCrunch, Matthew Holloway, Michael Hanscom, Fred Vogelstein and many others have paid the price for not lying in M$’s favor.

    The so called “balanced” reporters above are often used as hatchet men. O’Gara’s attack on PJ of Groklaw deserves special mention. George Ou is not listed above but we can only imagine he’d be approved of for his vicious attack on Peter Guttmann, which included smearing Guttmann in a number of articles and letters calling for dismissal. The M$ crowd is dishonest and vicious.

    Roy Schestowitz Reply:

    There are some more examples like Tim Bray and his wife.

  2. twitter said,

    September 1, 2009 at 8:50 pm

    Gravatar

    ugh. Blockquote error above. Quote ends at, “interesting content ….”

    Roy Schestowitz Reply:

    Fixed.

    twitter Reply:

    thanks!

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  22. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  23. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  24. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  25. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  26. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



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

    Links for the day



  28. '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



  29. 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



  30. 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


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