Bonum Certa Men Certa

Apple and Microsoft Claim Patent Tax on GNU/Linux, Red Hat's Response Too Weak

Racketeering -- like bank bailouts -- increasingly seen like "business as usual"

Rob TillerSummary: GNU/Linux is said to be among the targets for illegal extortion, but even self-professed backers of GNU/Linux aren't interested in addressing this problem



Apple and Microsoft are only alleged to be making money from Linux; nobody knows for sure, but analysts who are close to Microsoft (or Microsoft lobbyists) try to tell us that somehow they know what's behind NDAs, almost as if they relay the official party line on behalf of Microsoft. What's probably most disturbing about it is lack of an effective response from the likes of Google and Red Hat. IBM is a lost cause because when it comes to patents IBM is more or less in the same camp as Microsoft (they cross-license and they lobby for software patents around the world, not just in the US).



Mr. Pogson, who tends to find interesting stuff every now and then, picked up this link from sec.gov and as iophk points out, ""commenter "IGnatius T Foobar" picked up on the fact that M$ is including income from Android patent extortion as Windows Phone revenue.

"Follow the link and scroll down to "Windows Phone, including related patent licensing; and certain other patent licensing revenue;" The only way I can think to interpret that is that it is income from extorting Android. Because that is a lot of money it can be hiding a really bad situation for Windows Phone, up to and including losses."

According to this new report, "Apple's secret deals with mobile operators are squeezing smaller companies out of the market and driving up costs even for those who don't use their products, according to Register sources across the industry.

""In my opinion Apple are in a grey area," one legal expert with first hand experience of the contracts told us."

If this is true at all (and evidence is still absent), then this is extortion and we need to bring it to light in order for legal procedures to follow. Some company needs to leak out information, potentially breaking an NDA. That's how Edward Snowden helped hold the NSA and GCHQ accountable.

One would expect companies like Red Hat and Google (most affected by such extortion) to do something about it, but Google hired patent lawyers and is now accumulating software patents. Red Hat follows a similar trajectory and its lawyer Mr. Tiller keeps on talking about trolls rather than about giants like Microsoft and software patents in general. The other day he wrote: "With patent reform legislation moving forward, an impressive group of law professors weighed in last week in favor of reform. The group submitted a letter to Congress that effectively demonstrates the seriousness of the problem of patent assertion entities (PAEs) and supports pending legislation.

"This issue is timely, because the Innovation Act (HR 3309) was approved by the House Judiciary Committee on November 20 with a strong majority (33-5) in favor. There is a good chance that the full House will take up the bill this week."

As iophk points out, Tiller is doing "[e]verything except removing the actual problem: software and business method patents. All those that write but dodge the question of software patents themselves just feed the problem. I'm disappointed that some choose not to look for the base cause and buy into the PR from the lawyers."

We find more or less the same in FOSS Force, which writes: "We find it very heartening that some firms are now fighting back rather than rolling over when the patent trolls come knocking. We especially like the hardball route being taken by FindTheBest. After all, when we were growing up we were taught that the best defense is a good offense."

Personally, I more or less gave up (for the time being at least) on the cause against software patents because the scene got abducted by large corporations and billionaires who fund laywers (even EFF lawyers) to tell us that the problem is "bad" patents or "trolls'. That's not the problem, it's just a decoy and the real debates are being crushed by this corporate hijack of grassroots movements against software patents. The real problems here are patents on algorithms (reducible to mathematics) and extortion/racketeering, which is of course against the law. Here we are dealing with very high levels of criminality, where companies are engaging in racketeering and nobody goes to prison, just as those same companies illegally spy on people in exchange for government contracts/favours. Back doors seem to become more common (home routers now have back doors), showing the high degree of collusion between government and business [1]. Never count on corporations to serve people's interests; they serve particular people's interests: shareholders and government officials (with a huge budget and an open door to favouritism). Red Hat too helps the NSA.

Related/contextual items from the news:



  1. Stallman: Microsoft, Facebook Spying for US Government
    Famous computer programmer and President of Free Software Foundation Stallman says it's so many years now that Microsoft and recently Facebook have been gathering the personal information of users in violation of the US constitution.


Comments

Recent Techrights' Posts

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
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?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
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
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
 
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?
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
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
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
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
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