Bonum Certa Men Certa

Microsoft Florian Goes Ad Hominem in AstroTurf Against Android, Oracle and Microsoft Help Apple Attack Google

Android screenshot



Summary: New smears against Android come from an Oracle- and Microsoft-funded lobbyist; Oracle and Microsoft now openly collaborate in the fight against Android while Apple, longtime friend of Oracle and Microsoft, fails to stop Android's momentum

The antics of Microsoft Florian, better known as Florian Müller or (anti-)FOSS Patents, are well known by now and his history of deception should leave no informed journalist in a position/decision to cite him. But groomed by Microsoft's PR and the MSBBC he is doing some more of his personal attacks. It's almost as though the PR agents 'serve' him with smears to publish (which according to my communications with him is likely, hence making him a communications proxy). To quote the latest from the BBC:



Sir Robin - who is also a law professor at University College London (UCL) - is now acting as a consultant to a law firm helping Samsung defend itself against a patent infringement complaint filed in the US by network equipment provider Ericsson.

After news of this spread his clerk, John Call, issued a statement.

"Sir Robin had not discussed any role as an expert, or any related matter, with Samsung or any of its representatives either directly or indirectly before 9 January 2013, when he was approached through his clerk by Bristows in the normal way to enquire as to his availability to give an expert opinion," it said.

"Sir Robin accepted those instructions on 21 January 2013.

"Sir Robin's role is entirely unrelated to his judgment in the Court of Appeal given on 18 October 2012 in the case of Samsung Electronics (UK) Ltd and Apple Inc. The instruction does not relate to any UK litigation or advice of any kind. Sir Robin is being remunerated for providing his expert opinion at his usual rates."


As Open Source Consortium (UK) put it the other day:

#swpats and reputations - good article http://www.bbc.co.uk/news/technology-21613152 … note anonymous sniping at Prof Jacob reminiscent of #odf and Peter Quinn


BBC is Android-hostile and has been like this for quite some time. It did not point out Microsoft's ties to Florian, only Oracle's. Here is a rebuttal:

FOSS Patents is a blog run by Florian Mueller who gets paid by Microsoft (and Oracle) and writes anti-Android stories in wholesale. He then feeds them to lazy bloggers who prefer copy+paste over doing their own research. He has again weaved an anti-Android story. This time he has questioned the integrity of the UK judge Sir Robin Jacob by writing a blog titled "UK judge who issued extreme ruling for Samsung against Apple hired by... Samsung!"

I am not saying that he gets paid by Microsoft and Oracle to write anti-Android stories and spread FUD against Android, but looking at the amount of time he spends on long boring posts, I wonder when does he get time to do anything else. Nilay Patel of The Verge once wrote, "Mueller's enormous volume of output on FOSS Patents fairly raises the question of when he finds the time to do any serious consulting work for Oracle in between his diligently granular tracking of several international patent lawsuits, his frequent media appearances, and his additional work as a paid consultant to Microsoft."


Another Linux foe actually takes a shot at Apple after promoting SCO for years. Oracle's case (SCO 2) is back in the court and to quote this one report: "Oracle tries to undo Google's successful defense of Android by claiming that software code is no different than literary text in matters of copyright."

Florian has spread a lot of copyright-themed lies about Android, including some for Oracle's case, which is actually supported by Microsoft. Check out this BSA event. "Of course," Pamela Jones pointed out, "Microsoft General Counsel and Executive VP Brad Smith will be there, as will Oracle SVP, General Counsel, and Secretary Dorian Daley, and IBM Software Group VP and Assistant General Counsel Neil Abrams."

The Business Software Alliance (BSA) shows Microsoft and Oracle standing shoulder to shoulder. Microsoft is behind Oracle in it and Jones has the details which are based on the original documents. She says: "That is, of course, exactly what SCO was asking for, before it flamed out and fell into oblivion. SCO used the same law firm as Oracle, Boies Schiller, so perhaps it's not astounding that they raised that same theory of copyright for SCO, an adventure Microsoft and Sun (now part of Oracle) funded, and here it is again, this time in Microsoft's mouth. I'd like to correct several misleading elements in this amicus brief. And we now have all the amicus briefs as PDFs."

Apple and Oracle are closely connected by their leaders as well and Jones has this update on Apple's foremost case:



I told you that the jury's damages award in Apple v. Samsung would not stand. And this isn't even the end, but Judge Lucy Koh has just ruled on both Apple and Samsung's motions on damages. The jury's award, she says, was excessive, being based on wrong theories. In some cases, she can't even figure out what they did, and so she has ordered a new trial on damages for certain products and has reduced the award on those she could figure out herself to $598,908,892:


Apple is truly desperate to stop Samsung:

"To say that the Samsung momentum is an issue for Apple is an understatement," said Barclays analyst Ben Reitzes.


Apple has got the most to lose here; Oracle and Microsoft mostly clear the path to Apple, perhaps fearing that Free/open source platform will become a de facto standard (Oracle and Microsoft have de facto proprietary monopoly in desktop and databases). This is case of patent stacking and conspiracy to sue.

Samsung stole Apple's thunder and it shows. All that Apple can do now it take public knowledge that was funded by the public (later purchased by Apple to deprive others from having it) and then use patents around it to hound Android/Samsung. As a pro-Microsoft site, put it:

“Here’s a great example of this R&D ecosystem at work: Apple’s iPad. It’s amazing – a device that perhaps only Apple could have designed. But every distinctive aspect of this device – the multi-touch user interface, the sensors, the processor – has its origins in federally sponsored research,” said Lazowska in his written testimony.


That's about all we have to say about the war on Android for now. It's more complicated that an outsider may realise. There is a cartel at work.

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day