EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.30.08

Apple’s Latest Software Patent Headaches, Disregard for Standards

Posted in Apple, Free/Libre Software, GNU/Linux, GPL, KDE, Office Suites, Open XML, OpenOffice, Patents, Windows, Xandros at 12:03 am by Dr. Roy Schestowitz

“Hey, Steve [Jobs], just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo.”

Bill Gates, Microsoft

For a company that possibly shelters software patents and also accumulates them at a high pace, the following report seems like a begged-for punishment. Apple should really know better.

During the first four months of 2008, Apple was named as a defendant in eight patent infringement lawsuits, up from five during the same period in 2007. Only one such lawsuit was filed during the first four months of 2006, on behalf of Burst.com. Apple settled that lawsuit for $10 million last November. The first four months of 2005 also brought just one patent lawsuit against Apple. In 2004, three patent lawsuits were filed against Apple from January through the end of April.

Microsoft, by the way, finds itself in a similar situation. They all ought to just join ESP and put an end to software patents once and for all, but that’s a Utopian suggestion. In reality, on balance, Apple and Microsoft have a lot to earn in this status quo of intellectual monopolies because they are both monopolies in separate areas of technology.

“Among those that suffer from Apple’s stance on software patents you also have GNU/Linux.”Has it not been proven yet that, other than exclusion of Free software, patents on algorithms are not economically or practically viable? Bear in mind that Apple is no friend of open source (relevant articles are appended at the bottom), so it has little incentive for demanding and actually bringing change. DRM, which is a wonderful tool and excuse for platform lock-in, is an excellent analogous case.

In a public relations stunt last year, Apple publicly protested against DRM (keeping up appearances, shifting blame to music labels). It probably ought to do the same to address software patents and the troll epidemic, or else it will carry on suffering [1, 2, 3].

Among those that suffer from Apple’s stance on software patents you also have GNU/Linux. Take for example this rant from KDE, or even Compiz-Fusion. Apple patents prevent them from implementing or at least ‘safely’ incorporate features into GNU/Linux desktops.

To make matters worse, there is also Apple’s stance on standards. It would be frank enough to state that, as far as standards are concerned, Apple has never truly been better than Microsoft and not much as changed.

Apple’s incompatible filesystem

[...]

What I don’t get is why didn’t they just stick with a standard UNIX-like file system? Wouldn’t this have: (a) made less work and (b) ensured UNIX compatibility?

Or is that my answer? Did Apple not want UNIX compatibility? On a number of occasions (and with a number of devices), I have had to deal with incompatibilities on the part of Apple. And the more I deal with it, the more I start feeling like Apple is like Windows back in the 90s — when I was struggling to get any given version of Windows to talk with Linux. Ultimately, I won that battle. But the OS X battle seems to be one that might be more of a challenge, and that is disturbing.

Only days ago we mentioned Steve Jobs' snub of Linux. At the bottom of this post you’ll find evidence suggesting that Wozniak wouldn’t have been more receptive than Jobs. In addition, Apple supports OOXML and Microsoft used this as a marketing tool to change people’s minds and discriminate against ODF. To give another recent example which involves BT and/or Asustek, this bundle of an OOXML Trojan horse isn’t helping.

BT bundles MS Office with Linux laptop

[...]

This week’s award for the Most Astutely Selected Software Bundle goes to BT after the teleco tried to hook potential purchasers of Asus’ Linux-running Eee PC 900 by offering to ship it with a copy of Microsoft Office.

BT is offering the 20GB 900 for £335.99, but if anyone out there is willing to buy it for £422.34, the telco will include a copy of Office Home and Student in the box.

So now you can have Linux along with some anti-Linux poison. What a bundle. Lovely! Curious minds might speculate that the Linux-powered Eee, which uses OpenOffice.org, has urged Microsoft to offer BT some discounts so that an OpenOffice.org-incompatible/hostile product (Office 2007) should be seen as enticing.

Incidentally, the following old article came up the other day and it’s centered around the misconception that Microsoft cared for standards in the past.

Serendipity No. 4: Desperately Seeking Standards

Corporate user’s reluctance to deviate from a hardware path once it is established carved a deep trench through which flows Microsoft’s seemingly endless supply of revenue. Despite the fact that DOS, and its follow-ups, Windows 1.0 and 2.0, were genuinely inept and insulting products, even by the standards of the day, Microsoft was always granted another chance to get it right.

No matter how awful, DOS running on a PC clone was the anointed “standard,” regarded as so sacrosanct that it hardly mattered what sort of grief people were forced to put up with to use it, how long a product was delivered after it was promised, or whether it even worked as advertised when it arrived on the market. Microsoft may wish to take credit for instituting an OS standard, but history suggests that this occurred despite their best efforts, not because of them.

[...]

As Paul Saffo of the Institute of the Future suggests, this explains why Microsoft is “a company that is desperately resisting change.” According to Saffo, Microsoft is attempting to “hang onto what it’s got: making the operating system important even though we’re moving into a world where the OS becomes steadily less important…. [e]verything it’s doing is going into that. It is a classic case of a change-hating company; it is desperately trying to retard change.”

It’s all quite interesting in retrospect.

Older articles of relevance:

There is a cost for not being a good Open Source citizen and that cost is loss of goodwill in the community. That loss is more expensive in the long run than Apple realizes.

In the speech predicting how Apple would expand its market share, Jobs showed a slide with Safari dominating almost a quarter of the market–a market shared only with a single other browser, Internet Explorer.

Lilly says he doesn’t believe that this was an omission or simplification, but instead an indication that Jobs is hoping to steal people who use Firefox and other smaller browsers in order to run a “duopoly” with Redmond.

In an interview with eWeek, Woz said that there are always people who want things to be free and the open-source movement starts with those sort of people.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. “Corrupt Benoît Battistelli and Željko Topić Today in Zagreb at 25th Anniversary of SIPO Croatia”

    Shortly after Željko Topić lost his court case for the third time (over allegations of corruption at SIPO), his EPO boss Benoît Battistelli joins SIPO celebrations



  2. The US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) Maintains High Pace of Patent Invalidation, in Spite of Appeals to CAFC

    The Court of Appeals for the Federal Circuit (CAFC), i.e. the court system, has become the last resort of serial litigators, as the PTAB gets in their way more and more often following AIA and Alice



  3. Good Luck to the US Supreme Court in Eliminating a Supremely Unjust Misuse of Patent Law

    In an important upcoming patent case, gross abuse of patent laws for the support of dubious business models can finally be tackled



  4. EPO Protest This Coming Wednesday Strives to Restore the Rule of Law and Freedom of Speech at the Office

    The level of autocracy at the European Patent Organisation, an institution which has effectively positioned itself above the law with Battistelli and his minions in charge of the Office, faces growing backlash from staff



  5. The EPO is Collapsing. Attacks on Journalists, Interns as Staff, Patents on Plants, and Bureaucratic Red Tape...

    A look at some of the latest issues surrounding the European Patent Office, whose insistence on denying the problems and instead attacking those who bring up legitimate concerns, will spell its doom



  6. Ignore the Bristows UPC Echo Chamber, the UPC is Not Happening

    Response to some of the latest UPC promotion, courtesy of some of the usual suspects, who stand to benefit financially if the UPC ever becomes a reality



  7. British Media Slams Battistelli for Attempting to Cover Up 2 Years of Juridical Abuses With Help From the Administrative Council of the EPO

    A growing voice of concern about the integrity of the European Patent Organisation, whose management appears to be in cahoots (overseers/regulators included) so as to cover up its own serious abuses



  8. Boards of Appeal Still Under Attack From Team Battistelli While the EPO Proceeds to Granting Patents on Carlsberg BEER!

    The lunacy of the EPO with its patent maximalism will likely go unchecked (and uncorrected) if Battistelli gets his way and turns the EPO into another SIPO (Croatian in the human rights sense and Chinese in the quality sense)



  9. Memo “Deliberately Leaked to Cover up the UPC” With Its Many Associated Issues Amid Brexit

    Some eye-opening updates about the awkward move from Lucy Neville-Rolfe, who made promises (expression of intent) she can neither fulfill nor justify to the British public



  10. Links 8/12/2016: Korora GNU/Linux 25, SparkyLinux 4.5.1

    Links for the day



  11. Links 7/12/2016: ROSA Desktop Fresh R8 Plasma 5, Ubuntu Touch OTA-14

    Links for the day



  12. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  13. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  14. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  15. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  16. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  17. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  18. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  19. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  20. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  21. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  22. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  23. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  24. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  25. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  26. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  27. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  28. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  29. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  30. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts