Bonum Certa Men Certa

HTC-Microsoft Was Not an Agreement, It Was Apparently an Extortion

Extortion



Summary: More evidence that HTC merely settled (probably after threats) rather than be wooed for a patent deal as Microsoft would like to paint it

SETTLEMENT or mere agreement? That is the big question. In a prior post we showed the word "settle" or "settlement" coming up, which usually indicates legal action or a precursor. Microsoft has begun going after Android with explicit threats that it put in the press in order to find more extortion opportunities [1, 2, 3, 4, 5, 6, 7] or engage in 'pre-settlement' agreements, which still count as extortion that violates some laws in particular countries which designed rules to prevent racketeering.



The following new article from Glyn Moody mentions the word "settle", which considering the one-way flow of money indicates that an extortion almost certainly took place. [via]

Then, just to make things more interesting, poor old HTC was accused by Microsoft of infringing on its patents – except in this case, HTC decided to settle, so we don't know exactly what those patents were. Here's what Microsoft said:

Microsoft Corp. and HTC Corp. have signed a patent agreement that provides broad coverage under Microsoft’s patent portfolio for HTC’s mobile phones running the Android mobile platform. Under the terms of the agreement, Microsoft will receive royalties from HTC.

Notice that it specifies “mobile phones running the Android mobile platform”, which seems an indirect way of implying that HTC has paid for “problems” with Linux, on which Android is based. Thus, a little more FUD can be spread about Linux's supposed infringement on Microsoft's monopolies, without actually making any real claim that needs supporting by facts.


Gavin Clarke, who is a Microsoft booster, spoke to Nokia about the subject and received the following response:

Ari Jaaksi, Nokia's vice president of MeeGo devices, told The Reg Tuesday that Intel and Nokia could "guarantee and promise" that MeeGo is safe from any and all patent claims because of the size and breadth of the companies' patent portfolios, and also because of the size of Intel and Nokia themselves. MeeGo is based on the Linux kernel and uses common components such as X-Windows and Gstreamer.

"Both Nokia and Intel have a huge patent portfolio and we have put our investment into the standard Linux-based platform. That's a guarantee and promise that it's safe for anyone to take this platform because we will look after your investment with our patent platform," Jaaksi said.

"With the big patent portfolios already backing up MeeGo as an operating system, that should make some of the concerns go away... we'll defend that with our patent portfolio."


Oiaohm calls it M.A.D. (mutually assured destruction) and argues that this is a "True nightmare for Microsoft's idea of making profit from patents on Linux. It had to happen at some point -- Linux protected by a M.A.D shield. Now, if Nokia and Intel can get others to join the M.A.D. shield it will just become that scary that no company that is sane will go anywhere near attacking it. Even a troll would have to watch it. They could really simply find themselves that their valid patents are worth less than the patents that are in the M.A.D."

Speaking of patent trolls, more coverage regarding Acacia continues to pour in. We also covered the ending of this case in:



Apple is bugged by Elan [1, 2, 3], which seemingly wants to ban Apple products using patents (it went for the ITC to exploit a loophole and apply pressure for quicker settlement, if any).

The US trade watchdog confirmed this week that it would investigate patent infringement allegations made by Elan Microelectronics against Apple last month.


The most effective solution would be to eliminate software patents. They do not promote science and development in any provable way.

Comments

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails