Bonum Certa Men Certa

Patent Attacks on GNU/Linux Devices, Courtesy of Philips, Ericsson, Microsoft and Its Patent Trolls

Now they do this with Azure instead of SUSE, offering selective 'protection'

“But to the degree that people are going to deploy Linux, we want Suse Linux to have the highest percent share of that, because only a customer who has Suse Linux actually has paid properly for the use of intellectual property from Microsoft.”

--Steve Ballmer



Summary: The strategy of scattering software patents to patent trolls in order for them to sue one's competition is becoming ever more popular, and not only Microsoft is using this strategy to 'tax' GNU/Linux from many directions while the public fails to notice

LINUX devices (sometimes with GNU in them) are taking over the world. GNU/Linux isn't just the de facto platform of servers anymore; it's also a de facto platform in the embedded/devices/gadgets space. But Microsoft is eager to turn that into a Microsoft cash cow, e.g. with patented filesystems of Microsoft and much more. Watch TomTom and what Microsoft did to this modest Dutch company 8 years ago. It didn't end too well for TomTom, which spent a lot of money on lawyers and ended up settling with Microsoft anyway (paying about half a million dollars and surrendering technically too). To Microsoft, the whole lawsuit was a warning shot, designed to scare other small- or medium-sized companies into paying 'protection' money without any questions asked. Even when patents granted by the USPTO are not valid elsewhere (no software patents in Europe).



"To Microsoft, the whole lawsuit was a warning shot, designed to scare other small- or medium-sized companies into paying 'protection' money without any questions asked."Linux devices in the form of Android have become bigger (in the installed base/market share sense) than Windows. It's still all over the news this week. Does that mean that proprietary software giants are doomed? Well, not if they become patent parasites. The top EPO grantee, Philips, has apparently notified Archos, which makes Android devices, that it wants 'protection' money. As a reminder, Philips' patent assertion people are working by proxy via Intertrust among other tentacles. Here is a new article about the subject:

Dutch Court Rules in Standard Essential Patent Abuse of Dominance Claim



[...]

After Philips notified Archos that it was using Philips’s SEPs, the two parties entered into negotiations. In July 2015, Philips made Archos an offer of EUR 0.7 per product sold that used UMTS and/or LTE functionality. In January 2016, Archos countered with an offer of EUR 0.07 per product.


That does not even take into account trolls of Philips. Months ago we wrote about Ericsson and Microsoft operating via trolls, in an effort at patent stacking against competitors. The companies pretend to be "fair" and "reasonable" by masking the full extent of their tax, typically with the help of trolls.

In this new article from trolls-friendly media, the author calls tax "royalty" and gives the platform to a company that operates various (far more than one) patent trolls. Here is Ericsson's talking point:

In a guest post for this blog shortly following the announcement, Eric Stasik of Swedish consulting firm Avvika AB, made the argument that in many way Ericsson’s announcement does not represent a big departure from its approach to 4G/LTE. In 2009, for example, Ericsson disclosed that its royalty rate for 4G/LTE devices was expected to be around 1.5% for handsets. In his piece Stasik then crunched the numbers arguing that for the average device the new rate would not be a significant change on the Swedish company’s approach to 4G/LTE but would be higher for the cheapest devices. At the very top end, he suggested, the new rate would represent a significant discount on the current position.


Conveniently enough, Ericsson does not speak about its patent trolls. It sends patents to them and expects them to 'monetise' these, to use their euphemism.

Right now at PTAB, one of the trolls of Ericsson is being challenged for attacking the steward of Android, the most widely used operating system that is based on Linux. Patently-O wrote about it this week:

The Federal Circuit has denied Google’s petition for rehearing en banc. The patent challenger asked the Federal Circuit to overturn Versata in light of the Supreme Court’s decision in Cuozzo. The issue is well known to attorneys involved in the post-grant review of covered-business-method (CBM) patents.

According to the statute, the CBM process begins with a petition and institution decision by the Director. Once instituted, the PTAB holds trial and issues a final decision. The statute indicates that CBM review may be instituted “only for” CBM patents but that the Director’s institution decision “shall be final and nonappealable.”


That's just the latest example (there are more) of Ericsson siccing patent trolls on Android and Linux. Over the years we have covered more such examples. "The Federal Circuit has denied Google’s petition for rehearing en banc of Unwired Planet v. Google," Mr. Loney wrote and "Dennis Crouch Thinks this Case Is Headed for the Supreme Court," alleged a proponent of software patents. We have not yet seen PTAB 'cases' being escalated so high; we suppose that patent maximalists would like to see PTAB as a whole challenged by the Justices. They have been trying for quite some time. Watch this new guest article which calls PTAB "inter partes review ("IPR")" something like "proceedings to attack patents" when the reality of the matter is that PTAB does not "attack" anything or anyone. That old spin of law firms attempts to reverse the narrative and cast offense as defense (with words like "kill" and "survive", where the defendant is the killer and the aggressor is the survivor). As I explained to the site's administrator (in relation to this guest article), "patents and those who use them attack people/companies; when challenged, the patents are not "attacked", it's a defense."

"These defensive patent pacts have one major loophole: they're not effective against trolls."In light of all this, recall what we wrote yesterday about PAX, which is definitely defensive. This was mentioned here the other day because we expect the facts to be twisted by patent maximalists.

"PAX looks a lot like the OIN (Open Invention Network) but Made By Google IMHO," Red Hat's Jan Wildeboer wrote. "OIN is focused on Linux rather than Android," I told him, noting that Oracle in OIN had attacked OIN's Google. These defensive patent pacts have one major loophole: they're not effective against trolls. Sometimes they even admit this publicly. Benjamin Henrion joked, "let's submit those 230K patents for an Alice review," but many of these patents (from the likes of Samsung and LG) are actually hardware patents, so the Alice test isn't applicable.

It didn't take long for pundits like Andrew Orlowski to pick on PAX. Here is what he wrote yesterday:

Samsung, LG and Foxconn are among the founding members of a patent pool for Android phone makers under Google's benevolent eye. Google hopes the "community-driven clearinghouse" for IP sharing will fend off patent trolls.

Google already operates a non-aggression alliance for Android phone makers called License on Transfer, launched 2014, in which patent holders agree not to use them aggressively against other members after the sale of a patent. The LOT Network is run by ARM's former head of IP, Ken Seddon. That move was designed to deter NPEs (Non-Practising Entities, aka trolls) from buying up industry-standard patents already in patent pools to collect royalties, and stemmed from Google's panic purchase of Motorola in 2011 for its IP portfolio.

Microsoft and large Chinese vendors are notable by their absence from PAX.


Well, Microsoft sends the trolls to attack the members behind PAX, so why would Microsoft want to join PAX? Microsoft's strategy as of late has been to sic trolls on those who are not 'protected' by Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and as we recently showed, Microsoft is already doing that together with Intellectual Ventures, Microsoft's biggest patent troll (also the world's biggest patent troll).

"We expect a lot more of these trolls to go after Android OEMs, GNU/Linux distributors, so-called 'cloud' hosts like Amazon and their clients."Yesterday, friends of Intellectual Ventures said that this troll now focuses on "monetising existing portfolio through sales and licences," taking note of Dominion Harbor and Equitable IP (trolls of the troll of Microsoft). To quote: "Earlier this year IV announced the sale of more than 4,000 former Kodak patents to Dominion Harbor and it has made a number of disposals to other monetisation entities, including Equitable IP. Most if not all of those deals have involved some cash upfront with with IV then receiving a portion of future licensing revenues from the assets."

We expect a lot more of these trolls to go after Android OEMs, GNU/Linux distributors, so-called 'cloud' hosts like Amazon and their clients. It's the only way for Microsoft to survive now that Vista 10 brings no concrete income, just users' data (while Windows' relative market share keeps declining across form factors).

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