Bonum Certa Men Certa

Microsoft's Attacks on Android and GNU/Linux Not Over Yet, But They Are Definitely Failing

Sleight of hand and litigation by proxy don't work

A performer



Summary: The Rockstar patents sale and the final defeat suffered by SCO serve to show that Microsoft cannot beat Free/libre software using aggression and underhanded tactics

Microsoft's attempts to crush GNU/Linux culminated with the Novell deal in 2006. Microsoft tried to make the competition its own, but it never worked because people antagonised Novell and no large company really followed Novell's footsteps. Novell is now essentially dead, much like other Microsoft 'partners'.



"This isn't happening because Apple and Microsoft decided to play nicer."Over a decade ago Microsoft paid SCO when it attacked Linux. This was similar to what Novell later did with Microsoft because both used a form of monopoly, either copyrights or patents. Microsoft subsidised anti-GNU/Linux campaigns that did cause a lot of damage. In neither case, however, were the claims valid and both campaigns failed after years or endless struggle, hinged to a great degree on the goodwill of the Free software community.

Simon Sharwood from The Register wrote about a fortnight ago about Groklaw, which had silently become a bit active again, for the first time in many months. Sharwood wrote: "IBM has had a win in its long court battle with SCO over just who owns Unix and, by extension, whether Linux is an unauthorised clone.

"Some quick and simplified history: SCO – short for The Santa Cruz Operation – was a software company that offered a version of Unix for x86 chippery. When Linux came along in the late 90s and started turning into a business, SCO more or less sank and it attacked both Novell and IBM for their role in helping to spread Linus Torvalds' brainchild. At stake was whether those who distribute and profit from Linux should share some of their bounty with SCO. If a court had found in SCO's favour, it would have been bad news for Linux.

"The Novell suit ran for about six years, but SCO lost. After that, SCO endured all manner of financial strife, but managed to crawl from the crypt more than once. Last year, SCO managed to secure approval to re-open the case against IBM."

Robert Pogson wrote about that too:

It’s nice to know that GROKLAW is not dead, just hibernating. Maybe spring will wake it up. Surely there’s some legal case interesting enough to fire it up, like world v Obamacare, or world v N. Korea, or … Of course, now that M$ loves */Linux and Apple has acknowledged that round corners are not innovative there are fewer lawsuits in the world but until all those who fought GNU/Linux for two decades die of old age, there’s still hope they will seek to humiliate themselves in the courts.


This serves to remind us that the Microsoft-backed copyright attack on Linux took well over a decade to be over. This induced a huge toll and Microsoft continues to attack Linux, usually by proxy. Here for example is the Microsoft booster Ina Fried attacking Linux again. He or she (used to be called Ian) has found a way to make the most popular OS (Android) sound like a failure. It's ugly spin like that which we see other Microsoft boosters spreading in the media (some of them used to work directly for Microsoft or are still working for Microsoft). Watch BGR trolling (clickbait) with one person's account to make Android sound undesirable [1, 2]. These are fights that are fought with words, but Microsoft goes much further than this. A couple of years ago Microsoft and its proxies tried to cause Android to come under antitrust trouble, but they have failed based on reports. To quote The Register: "A US District Court judge has cast doubt on an antitrust lawsuit filed against Google, describing the damages sought as "speculative."

"The class-action suit filed earlier this year alleges that Google engages in illegal anti-competitive behavior by requiring makers of Android smartphones to bundle its search app on their devices."

Remember that this all came from Microsoft. We wrote several articles to show this and so did other sites. In addition to legal attacks through regulators Microsoft has been attacking Android through patent trolls (Microsoft has just given another $23,000,000 to patent troll VirnetX) and patent holders which still have some products. Several examples have been given over the years and the legal assaults are far from over.

The Open Invention Network, which defends Linux (and other related projects) from patent attacks, recently gave this interview to ECT. The Open Invention Network's CEO Keith Bergelt said that "we had to create channels for collaboration. Otherwise, we would have hundreds of entities spending billions of dollars on the same technology." It's not "technology" that he is alluding to when he talks about it; it's a parable for patents.

As GNU/Linux is becoming a massive player in the fastest-growing markets, notably mobile, no wonder Microsoft now mostly attacks Android and strives to derive revenue from it (or create fear through perception that Microsoft derives revenue from it). Windows is a complete disaster in this area. Ahonen explains how bad things are in his article that he titled "Microsoft (and Nokia) have only achieved 50M Lumia activations? Seriously? Out of 76M shipments? What happened to the other 26M? Seriously! Tossed into garbage by retail?"

Ahonen, a Nokia expert, says that "30% of all Windows Phone based Lumia smartphones shipped have not been activated. That must be an industry record for futility. [...] the product line was a sales disaster. "

Microsoft's patent strategy against Android is clearly not succeeding. Even a Microsoft lobbyist, Florian Müller, wrote about the poor success rates of patent lawsuits against Android and told me today that Rockstar too is part of it all.

"The interesting part about Rockstar is that since they sold 2K patents to shareholders, hard to prove devaluation of rest," he said to me, "but one can certainly suspect that if they bought 6K patents for $4.5B, sell two thirds for $900M, that there *was* devaluation" (take with a grain of salt given the messenger's connection to Microsoft and Apple).

There was recently a lot of press coverage about telecom patents and Android because Verizon announced that it entered into a patent licensing agreement with Google (more in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29]), but a bigger story, especially in FOSS-friendly circles, was the Rockstar story. As FOSS Force put it: "Perhaps the most telling sign of the sinking value of software patents came just a week ago, when the patent trolling company Rockstar, jointly owned by Apple, Microsoft, BlackBerry, Sony, and Ericsson, offloaded it’s approximately 4,000 remaining patents for $900 million — representing about two thirds of the patents it purchased in 2011 for $4.5 billion in a bidding war with Google. Google would seem to have the last laugh here, as it’s a member of RPX, the company buying the patents, meaning they’ll will be available to the search company as protection against patent litigation, which is why they had been a bidder in the first place."

BlackBerry is becoming a patent troll and RPX is pretty much a troll, albeit one that is not so hostile towards Free software because of its members. Mike Masnick said about the news that the "Stupid Costly Patent Nuclear War By Microsoft & Apple Against Android [was] Averted". He put it in context as follows: "Last year, Rockstar launched its massive patent attack on Android, suing basically all the major Android phone makers and Google. While some have argued that big company v. big company patent attacks aren't a form of patent trolling, some of us disagree. This, like most patent trolling, is just trying to extract money from companies and has nothing to do with actual innovation. In the tech world, some have referred to this kind of thing as "privateering" in which a big company puts the patents into a shell company to hide their trolling activity."

Joe Mullin said that "Apple and Microsoft spent $4.5 billion on a patent attack, sold it at a loss."

"Another skirmish in the ongoing dirty war by the legacy technology & media industry against Google bites the dust," wrote Simon Phipps, adding to many more articles (even some from Android-hostile networks) that framed this -- quite correctly -- as an assault on Android:

Apple- and Microsoft-backed patent group ends its war on Android



And just like that, the Rockstar Consortium's lawsuit campaign against Android is over. The patent holding group (backed by Apple, BlackBerry, Ericsson, Microsoft and Sony) has sold all of its commonly held patents to clearinghouse RPX for $900 million, or a fraction of the $4.5 billion the total patent pool was worth a few years ago. Rockstar will accordingly drop the lawsuits that it still had left, including those leveled against HTC, LG and Samsung. Don't worry that RPX will promptly turn around and sue someone else, either. It already has a deal to license those patents for defensive purposes to a group of 30-plus companies, including Google and Cisco, while the Rockstar companies get to keep their licenses.


This isn't happening because Apple and Microsoft decided to play nicer. It is happening because they repeatedly fail to defeat Android/Linux using patents, especially now that software patents are becoming a lot weaker in the United States -- a subject we shall cover in our next post.

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