Bonum Certa Men Certa

Why Microsoft's Blackmail Campaign Against Linux/Android May be Headed Towards the Garbage Can

Trash cans



Summary: Barnes and Noble gets an upper hand and other news serves to show the weakening of Microsoft's patent campaign/effort to disrupt fair competition

THIS site was born out of need to defend GNU/Linux from Microsoft extortion. Here we are just over half a decade later and Microsoft's extortion affects many Android devices, not just SUSE.



According to this report, "Barnes & Noble Backed by U.S. Agency Staff in Microsoft Case" and as one commentator puts it:

CLOSED SOURCE SOFTWARE HOUSE Microsoft looks set to lose its attempt to get Barnes and Noble's Nook tablet banned.

Microsoft had gone to the US International Trade Commission (ITC) in a bid to halt the import of Barnes and Noble's Nook tablet and ebook reader, claiming the device infringes three of its patents. Unlike most firms, Barnes and Noble decided to fight Microsoft instead of paying up, a decision that now looks likely to pay off.


This is enough to squash some propaganda from Microsoft lobbyists, but not the appalling propaganda from Bloomberg (as can be seen here). Linux-hostile sources are seeking to portray Google as a patent aggressor and gangsters from Microsoft as "friendly"

The Microsoft lobbyists[ spread (nonsense like it's a full-time job and the target is always Android. Microsoft is very worried about Android, which enters tablets and thus affects Microsoft's desktop share as well.

Red Hat's unofficial response (from an employee) says:

Now let’s ignore for the moment the obvious wrongness wrt Android copying iOS etc and instead focus on the claim that 2.25% is not FRANDish enough according to the self-acclaimed expert in thsi field, Mr. Florian Mueller.

This same Mr. Mueller is working on a “research project” to find out how FRAND is the best way for the IT world etc. Hint: that research is payed by Microsoft ;-)


It is just a Microsoft lobbyist injecting the Microsoft line into publications (maybe with his usual spam-esque techniques for promoting this).

Pamela Jones and Professor Webbink tackle these sorts of issues from a legal standpoint. In this new post they help dispel some of the myths spread by the lobbyists:

With Google's acquisition of Motorola Mobility there have been a number of competitors claiming Google (Motorola) is acting unfairly in its licensing of patents related to the H.264 and 3G/UMTS standards.

Among the complaining parties are Microsoft and Apple, both of which claim that the Motorola Mobility approach to FRAND (fair reasonable and non-discriminatory) licensing under the respective standards is anything but fair and reasonable. The fight is over the fact that Motorola Mobility (and now Google) is asking a 2.25% royalty for a single patent in each of these instances.

While it is the epitome of chutzpah for Apple and Microsoft to complain about the patent licensing behavior of any other company, that does little to clarify the issues involved in patent licensing related to standards. This article will walk through those issues so we can all have a better understanding of such licensing and why different companies perceive the terms "fair and reasonable" from very different perspectives, depending on whose ox is being gored.


Here is the type of articles Groklaw responds to. Alan Lord writes: "Makes you wonder what all those other vendors are paying #Microsoft for doesn't it?"

On another occasion he writes: "OMG! Look what #Microsoft, the #swpat troll is claiming are being breached by B&N: is.gd/XTkkrg Trivial, not novel or innovative."

He links to this Microsoft booster and Pamela Jones over at Groklaw. She shows Microsoft retreating:



The big news being reported by Bloomberg is that Jeff Hsu, a staff attorney at the ITC, said in an interview he will be recommending that ITC Judge Theodore Essex find Barnes & Noble has not infringed three Microsoft patents. Essex rules in April on that.

If I were a FUDster, I'd write that this means Barnes & Noble has prevailed, but I just tell you the truth, which is that this is one step in a longer process. It is, undeniably, however, fabulously good news for Barnes & Noble.


Alan Lord adds that:

Really, really bad stuff from #Microsoft's "Android Licensing Progam": is.gd/b1rIIy #swpats #barnesandnoble (2nd highlighted para)


Extortion is when "licensing" from Microsoft is required for a product Microsoft has nothing to do with. And as Groklaw puts it:

Barnes & Noble Files Petition for Review Re Patent Misuse Defense ~pj - Updated



[... But the most explosive section is where Barnes & Noble describes what Microsoft said to them when they approached Barnes & Noble with a demand that they pay for a patent license:
“And what they basically told us was, it doesn’t matter if you have defenses, whether you don’t infringe, whether our patents are invalid, you’re going to need to take a license, because there’s no way that you can get out of our grasp, that we have so many patents that we could overwhelm you.”
The document says that Microsoft demands that all OEMs take a license from them and pay for all Android phones whether or not they actually infringe.


Finally, here is an explanation of interest about damage limitations because "[a] number of comments to a recent article on the Microsoft v. Barnes & Noble reveal some confusion on the issues of damages in patent infringement actions and the role that patent marking and notice play in determining when damages begin to accrue." The bottom line is, the case goes on and Microsoft is struggling to defend its case for extortion. Regulators too are getting involved now. Besieged by transparency.

Recent Techrights' Posts

When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
 
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour