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

03.03.10

Apple Chastised Even by Its Own Advocates for Suing Linux Using Software Patents

Posted in Apple, GNU/Linux, Google, Patents at 5:40 pm by Dr. Roy Schestowitz

Steve Ballmer

Steve Jobs
Original photo by Matthew Yohe, modified by Boycott Novell

Summary: Apple’s highly unnecessary lawsuit has the company suffer wrath and flak, including some from its own supporters

EARLIER today we wrote about Apple suing Linux phones using software patents. But Apple is using a bunch of very lousy patents (here is a detailed list of all the patents).

“My favorite is #7,657,849, filed less than a month ago, covering unlocking a device by performing a gesture,” said the president of the FFII, who linked to this short article from CIO Weblog, aptly titled “An embarrassment of patents”

Bad as the patent system may be, it might be the only recourse available for Apple to justify the invention of such a device. There’s no way, at least so far as I know, to patent the totality of a thing like that, and anyway such a patent must necessarily be excessively broad. But I find it hard to say that Apple should not be rewarded with some measure of exclusivity for creating this genre of smartphone. Twenty years, the standard term, seems to long in this day and age, but say five years, perhaps; certainly a killer product with a lock on the market can make its creation worthwhile in such a time span.

Matt Asay, usually a big fan of everything from Apple, does not defend Apple here. “I’m very consistent on this,” he told me, “I hate using the law as a biz club. Legal recourse is a sign of failure”

When a bunch of lawyers, whose occupation is interpretation of words and patent legalese (this one is funny and new!), take precedence at the expense of engineers, then clearly we have a defective patent system and commercial paradigm that relies on it.

The most upsetting thing perhaps is that Steve Jobs himself describes Apple as an innovative victim. The reactions to this (from several hours ago) can be seen below.


Boycott Novell logo

IRC: #boycottnovell @ FreeNode: March 2nd, 2010

-BNtwitter/#boycottnovell-[zoobab] Steve Jobs: We can sit by and watch competitors steal our patented inventions, or we can do something about it: http://i5.be/ayz Mar 03 13:56
phIRCe-BNc Title: Apple Sues Phone Maker HTC Over Patents – Bits Blog – NYTimes.com .::. Size~: 74.22 KB Mar 03 13:56
DaemonFC what did Apple invent? Mar 03 13:58
Diablo-D3 nothing Mar 03 13:59
DaemonFC “Cellphone makers have been playing catchup to the iPhone since it was introduced in June 2007″ Mar 03 14:00
DaemonFC knee slapper Mar 03 14:00
DaemonFC I’d rather not pay $500 for a phone with less features than the one I have :) Mar 03 14:00
Diablo-D3 yarly Mar 03 14:01
-BNtwitter/#boycottnovell-[zoobab] Most of the patents that Apple is using against HTC are software patents: http://i5.be/ayA Mar 03 14:02
phIRCe-BNc Title: Apple HTC Suit Gallery -  - Gizmodo .::. Size~: 75.34 KB Mar 03 14:02
oiaohm Was anyone majorally using a linked app store before iphone Mar 03 14:02
Diablo-D3 no, and no one is now! dooooohohohohohoho! Mar 03 14:03
DaemonFC who cares? Mar 03 14:03
DaemonFC I need an app that farts when I push the button Mar 03 14:03
DaemonFC (they have that in the app store) Mar 03 14:03
MinceR it’s an interesting kind of “catchup” Mar 03 14:04
DaemonFC I need an app that turns my phone into a compass (because the ones at the dollar store have an annoying tendency to work all the time) Mar 03 14:04
MinceR such as releasing a pda/phone that does more than the hypePhone and costs less, before the first hypePhone was announced Mar 03 14:04
MinceR i’d love to play “catchup” that way Mar 03 14:04
DaemonFC Apple has invented nothing, they’ve filed for patent troll style patents Mar 03 14:05
MinceR i wonder how many people use fart sounds as their ringtone Mar 03 14:05
DaemonFC MinceR, They need to make a ringtone that says “Follow the sound of my voice and stab the person holding the phone repeatedly” Mar 03 14:05
MinceR lol Mar 03 14:05
DaemonFC and make sure you can’t change that Mar 03 14:05
DaemonFC it would never go past the first ring :) Mar 03 14:06
Diablo-D3 just change it to its a small world Mar 03 14:06
Diablo-D3 wont get past the second stanza Mar 03 14:06
*oiaohm has quit (Remote host closed the connection) Mar 03 14:06
MinceR won’t “i’m a bitch of steve jobs” work as well? Mar 03 14:06
DaemonFC change it that “I like big butts” song Mar 03 14:07
MinceR the visuals say so already Mar 03 14:07
Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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

A Single Comment

  1. Jose_X said,

    March 4, 2010 at 7:53 am

    Gravatar

    I posted the following comment at the cio-weblog site:

    *****
    Aborting Monopoly Grants is more than simply the Right Thing to do.

    Putting aside software, business method, and other generally ridiculous classes of patents, I think what we should be attempting, if we want to promote the progress of science and useful arts, is to look towards a reward and incentive mechanism that does not tie-up 100,000 inventors every time we want to reward one. We can do things like give tax credits, prizes, and, perhaps more practically, even some degree of market share guarantees or short-term price subsidies.

    Let us note that market share guarantees could allow others to develop a market much faster than that sole person could under a monopoly mechanism; thus, the sole person getting the automatic market share slice guarantee could definitely benefit this person extra this way (without having to deal with resource and time costly lawsuits whose mere threat even stagnate). Meanwhile, if that sole person did succeed tremendously (eg, through first mover gains), then there really would be no need to help them further. In either case, note that the motivation was there because of the significant safety net(s) and potential extra upside. Even better, we didn’t hold back the wall of progress and abridge rights. I mean do we really think that the only thing of value (remember, we are giving exclusivity to it for 20 years) in creating better products and markets is this so called single godlike “inventor” or even inventing? What about all the other people sweating and taking risks and many times not even coming out ahead or too far ahead?

    Also, a sliding scale could be used, eg, where we give larger guarantees (but not generally near 100%) for the first year or months and then work the guarantees down to zero throughout the next 5 to 10 year period.

    And if the government and private sector have developed extremely detailed categorizations of products and markets and income streams, surely we could leverage and extend that as necessary, right? Some agency could handle the day to day issues that might arise in fast moving or brand new market/product classes. The USPTO would be put to better use doing less damage this way and perhaps even contributing positively!!!

    It makes no sense to give a monopoly (of any significant duration) to the first person to file a general idea of how something works. Meanwhile, you have others that have already invested years in thinking about and perhaps actually creating refined versions of inventions that do/would fall under such a patented general broad description. It’s always easier/quicker to come up with the broad description.

    Plus, can the most brilliant inventor truly be the first to write down invention ideas/claims in all but a fraction of the cases (and still have time to develop and implement and sleep etc)? Of course not! Should we annul many brilliant future inventions because those people best fit for the job were distracted with something else other than writing up 1,000,000 million patent claims yearly (an impossibility) just to cover all ground where they might make significant contributions over the next 20 years? And let’s not forget that the top inventor is dwarfed by the combined contributions of the next 10 working together.

    In an Internet world, we should be rewarding exploitation of the powerful new ways that exist to collaborate. Monopolies run contradictory to this.

    Finally, who invents in a vacuum? There are a great many little and very significant insights that occur along the way to a final invention, and many of these little steps only happen in any given individual’s mind because of the constant influence from other members of society (ideas “ripped off” from others, casual conversation and feedback, as well as math and other understandings developed almost entirely by others) as well as from external forces and experiences that are also having an impact on others.

    I mean someone must be first, but how fair is a monopoly to those that came or would have come in 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21th, 22th, 23th, 24th, 25th, 26th, 27th, 28th, 29th, 30th, 31th, 32th, 33th, 34th, 35th, 36th, 37th, 38th, 39th, 40th, 41th, 42th, 43th, 44th, 45th, 46th, 47th, 48th, 49th, 50th, 51th, 52th, 53th, or 54th?

    Do we really think these other people deserve to get nothing? Do we really think giving control of the market solely to number 1 will benefit society? I mean, gold gets virtually all of the glory in the Olympics, but does that person at the top this month really contribute all that much more to make up for everyone else’s contributions?

    Should we force all others into hibernation for 20 years because of a monopoly grant to the gold medal winner? “Sorry, move on to a new sport. Invent a new sport because this one has now been awarded exclusively to Hans Dawn for the next 20 years.”

    Maybe 70% of the market is awarded 30%,15%,15%,10% to the top four “inventors” or significant contributors the first year.. with eventually only 5% of the market being reserved (as a *guarantee*) for these folks by year 7?

    Monopolies stifle. We believe in a competitive system and obviously recognize that the supporting crews and competition losers make possible this month’s gold medal winning moment in the first place. We believe in freedoms and liberties. Let us not forget that guaranteed monopolies, a too powerful of a prize, will likely lead to dirty play and a total misallocation of resources by some in order to win this prize. Further, the winner will then have significant incentives to sit on his/her rear end or go at snail speed for the majority of the next 20 years. No dice, if you ask me.
    *****

What Else is New


  1. Links 5/8/2020: Wayfire 0.5 and Plasma Browser Integration

    Links for the day



  2. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  3. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past



  4. Release: 29 Pages of Internet Access Report About Pedophile Working for Bill Gates at His Home

    As we’ve found nothing too sensitive in the document, today we’re finally disclosing and publishing the second release (first one published yesterday); this includes network addresses used on the devices of the engineer of Bill Gates, who had a laptop and external hard drives (portable) with plenty of child pornography (imagery and videos)



  5. Links 4/8/2020: Kodachi 7.2, Collabora Office 6.4

    Links for the day



  6. [Meme] Nadella is Doing With Donald Trump What Ballmer Did With Elop and Icahn to Steal Other Companies (Nokia and Yahoo, Respectively)

    The illegal (attempted) confiscation of a Chinese company to distract from or compensate for Microsoft's collapse reminds us that Microsoft is only getting worse and more malicious under Nadella, who is happy to liaise with a hugely corrupt and racist regime



  7. We Don't Really Know How Many People Died With (or From) COVID-19 and How Many Will Die After Home Recovery or Release From Hospital

    The coronavirus pandemic that began last year as an epidemic (COVID-19) is still a very serious problem, even half a year after its widespread arrival in Europe; it's important to emphasise the importance of not down-playing this problem (which is far from solved) because social control media is full of junk



  8. IRC Proceedings: Monday, August 03, 2020

    IRC logs for Monday, August 03, 2020



  9. Release: Police Report About Arrest of Bill Gates Engineer for Pedophilia (Detained at Residence of Bill Gates)

    Today we release 15 pages (amongst almost 3,000 pages we have) about the Jones arrest; this includes details about what happened when the detectives came to the home of Bill Gates



  10. Bill Gates' Personal Engineer Rick Jones is Connected to Other Child Pornographers. One Key Contact Works (or Worked) Indirectly for Microsoft.

    MagicHour listed Microsoft among their clients, as we noted before, and the full (redacted for child porn reasons) name is Brett Paine. We had reached out to the employer (several of us, separately), but we never received any reply.



  11. Links 3/8/2020: Linux 5.8, GNU Linux-libre 5.8, Libinput 1.16, Rust 1.45.2, Julia 1.5

    Links for the day



  12. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  13. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  14. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  15. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  16. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  17. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  18. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  19. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  20. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  21. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  22. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  23. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  24. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy



  25. Donald Trump's Trash Against China Helps Prop up Microsoft Monopoly and Distract From All the Microsoft Layoffs

    Microsoft as a surveillance giant of the United States government isn’t a myth; it was first in the PRISM programme of the NSA (Bill Gates is a loud proponent of NSA surveillance), it took over European Skype under mysterious circumstances, and now it might be getting TikTok as a ‘gift’ from Donald Trump’s friends and the imperialists, in effect confiscating Chinese assets for full-spectrum dominance



  26. [Meme] Testosterone Patent Office

    When you're running an office that's barely diverse at all and you paint a misleading picture of it expect backlash



  27. The Criminals Who Run the EPO Are Exploiting Lesbian, Gay, Bisexual and Transgender People to Distract From Their Corruption and Crimes

    The misuse of social justice causes by corporate interests has become grotesque; more people ought to speak about the ramifications and object/work against this misuse, which mostly serves to obscure or distract from the biggest issues



  28. EPO Workers Are Losing Their Homes and Losing Their Time Off; It's All About So-called 'Production'

    As another wave of attack on labour rights, European Patent Office (EPO) workers turn their homes into their workplaces and they no longer enjoy any real breaks from work (they work all year around, sometimes until midnight and overnight); they’re supposed to be thankful and even happy as if António Campinos does them a favour by not firing them (at least not yet) and because there’s a health crisis they should be grateful for anything thrown at them (Benoît Battistelli + disaster = Campinos)



  29. IRC Proceedings: Friday, July 31, 2020

    IRC logs for Friday, July 31, 2020



  30. Managing IP Still Champions Fake 'News' for Team UPC

    Managing IP does not care about its reputation; all it cares about is appeasing its clients by spreading falsehoods and perpetuating baseless hope


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

Recent Posts