Bonum Certa Men Certa

More Lawsuits by Proxy From Microsoft Against Linux

Rockstar Consortium



Summary: The patent troll which Microsoft has created to attack Android/Linux is now doing the predictable and Microsoft (mis)uses legal instruments like DMCA as well

Microsoft is not a scapegoat. Microsoft is a criminal company thriving in bribes, sabotage, litigation, racketeering, etc. For anyone who thinks that Microsoft will die peacefully or has somehow become any more benign than before, there's news to pay attention to. This post is just a quick summary of events which were mostly covered -- fairly well in fact -- by other sites.



Here is an accurate assessment of where Microsoft stands right now and what it is trying to do. As FOSS Force put it:

About a month ago we decided to speculate on where Microsoft would be five years down the road. Obviously, the company is in transition and is trying to reinvent itself fast. The traditional desktop market, where Windows dominates, isn’t going anywhere and reports of it’s demise are premature, but it is shrinking and becoming much less important, especially in consumer space.


Well, it oughtn't neglect how Microsoft tried to reinvent itself as just a racketeering company, making money from other people's work using patents. "Apple/Microsoft-backed Rockstar Consortium suing Samsung and Google over old Nortel patents Rockstar now owns," says this article, noting that Nokia too has a role to play:

On the heels of the Apple/Microsoft-backed Rockstar Consortium suing Samsung and Google over old Nortel patents Rockstar now owns, Samsung is tying up patent negotiations on another front. Today Flinland’s Nokia announced that it has extended a patent license agreement with the Korean handset giant for another five years, and that the two had entered into binding arbitration to settle additional compensation related to this, expected to be concluded in 2015.


Microsoft staff that's just "following orders" says that: "We will know that day has arrived when Microsoft quits threatening every open source project under the sun with patent litigation."

Well, if he feels this way about Microsoft, then why does he work for Microsoft and help it infiltrate the FOSS community? As FOSS Force put it:

The legal papers were filed by Rockstar Consortium, a patent troll owned by Microsoft, Apple, BlackBerry, Ericsson, and Sony. They hold 6,000 plus patents purchased in an auction for $4.5 billion from bankrupt Canadian telecom Nortel. Google had been bidding against Rockstar for the same patents, but dropped out after placing a $4.4 billion bid that didn’t hold up. Not long afterwards, Google bought Motorola Mobility for $12.5 billion, in large part for its vast patent portfolio–just in case a patent war broke out.

Again, the patent wars have now gone nuclear.

Rockstar is suing Google and just about every manufacturer of Android phones. The suit against Google seems to be mainly against their search technology. The Android makers are accused of infringing on patents dealing with issues such as “Managing a Virtual Private Network” and “System and Method for Notifying a User of an Incoming Communication Event.” To determine infringement, Rockstar engaged in a lot of reverse engineering.

Like all good patent trolls, Rockstar is using everything it can find as a weapon–even Googles $4.4 billion dollar bid to purchase the patents that are now being used against it. Rockstar claims that to be proof that Google already knew it was in violation, paving the way for a finding of willful infringement–meaning damages can be multiplied by three.


Here is what Linux Insider said about it: "Another legal battle between tech titans is brewing. The winners of the Nortel patent bidding war -- Microsoft, Apple, et al -- have filed a batch of lawsuits against Google and several Android smartphone manufacturers, charging infringement of a number of those patents. Though a good deal of money may change hands, this will be "a road bump in the smartphone wars," said IP attorney Peter Toren."

A good take came from TechDirt:

Patent Troll Shell Company Owned By Microsoft And Apple Launches Massive Patent Attack On Android



About a year and a half ago, we wrote about "Rockstar Consortium," a shell company set up by Apple and Microsoft (and a few other companies), in which they placed many of the patents they received when they outbid Google to get Nortel's patents. We noted at the time that one of the reasons regulators let Apple, Microsoft, RIM and others team up to buy these patents without it being an antitrust concern was that they promised that all the patents would be able to be licensed on "reasonable terms." Except... once they handed them off to Rockstar, that company's CEO, John Veschi, noted that this promise "does not apply to us."


Microsoft is misusing laws against Google not just when it comes to patents; here is another new example:

Gmail Stays Up as Google Rejects Microsoft DMCA Takedown Notice



While Google receives millions of DMCA notices for its search service every week, that’s not the only part of its system to be targeted by rightsholders. Working on behalf of entertainment companies, over the past year several anti-piracy companies. Microsoft included, have regularly identified and reported URLs used by Google’s Gmail service as infringing copyright. Fortunately, the system hasn’t come crashing down.


For those who say that Microsoft is just worth ignoring it should be made apparent that it's not GNU/Linux picking on Microsoft; it's Microsoft that's constantly picking on GNU/Linux. Any dislike of Microsoft is very much defensive and for Microsoft to be loathed is a well-earned status. We wrote about Rockstar a long time and we foresaw the above action. It's cartel with racketeering and Apple plays a role in it too, showing its growing proximity to Microsoft.

Recent Techrights' Posts

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?
[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
 
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
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
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
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