Bonum Certa Men Certa

Patents Roundup: Both Apple and Microsoft Use Software Patents Against GNU/Linux, Get Sued for Violation Along With Google and Facebook; Amazon-USPTO Comedy Resumes

Rainbow troll



Summary: This week's latest patent news which has impact on the Free software world

Apple and Microsoft Patent Extortion Against Free Software Goes Almost a Decade Back



PROPRIETARY SOFTWARE companies think alike. Apple's attack on GNU/Linux [1, 2, 3, 4, 5] turns out to be many years old [1, 2]. At Microsoft too, Bill Gates had spoken about a “Jihad” (his word) against Linux at Intel almost a decade ago. They managed to keep it secret for many years. These CEOs are control freaks who let nothing in their way stop them. Schwartz, the former CEO of Sun, says that "for a technology company, going on offense with software patents seems like an act of desperation, relying on the courts instead of the marketplace....[S]uing a competitor typically makes them more relevant, not less. Developers I know aren’t getting less interested in Google’s Android platform, they’re getting more interested."



Here is an interesting pick from the news:

The concern is that Microsoft's Windows 7 mobile operating system has the iPhone's market in its sights and that Microsoft has a deep background in software patents to back it up.

One worry for Google is that Apple's legal battle with HTC may weaken the momentum of Android-powered phones.


Apple and Microsoft both share an affinity for software patents and they also cross-license. This means that Apple's bullying of GNU/Linux with software patents is very beneficial to Microsoft, which pools the same patents as Apple's. In the news we now have (references not listed before):

Former Sun CEO claims Jobs threatened lawsuit in 2003

Apple Tried to Bully Sun With Lawsuit Threats in 2003

Apple and Microsoft "threatened to sue Sun"

Ex-Sun CEO dishes dirt: Steve Jobs as Apple "patent troll"

Former Sun CEO Says Apple's Jobs Threatened To Sue Co In 2003

Former Sun CEO Schwartz dishes on patent fights with Jobs, Gates

Daily Dose - Schwartz: Apple and Microsoft Tried to Sue Me Too!

Steve Jobs threatened to sue, says former Sun CEO Schwartz

Former Sun CEO Jonathan Schwartz describes Steve Jobs showdown

Sun fended off Apple, Microsoft IP lawsuit threats

Former Sun CEO: Steve Jobs threatened to sue us over patents too

Former Sun Microsystems CEO: HTC Isn't the First Company to Face Legal Threats From Steve Jobs

Ex-Sun boss spills the beans on Apple patent threats

Schwartz on Steve Jobs’ “bullying tactics

Former Sun CEO Takes Tech Titans to Task Over Patent Trolling

Former Sun CEO: Tech Companies Suing Over Patents Is An Act Of Desperation

Schwartz tells the story of Steve Jobs calling him and threatening Sun with a patent infringement lawsuit, to which Schwartz quickly warned Jobs that going down that path would lead to a patent nuclear war, as he pointed out how recent Apple products likely infringed on Sun patents. He then tells another story about a visit from Bill Gates, with a similar threat over patents -- and a similar response, pointing out that Microsoft clearly copied certain Sun technology. In both cases, the counterweight made the threats go away. This is the whole "nuclear stockpiling" scenario -- and, as such, it creates a ton of waste. You have to keep building up those stockpiles just to make sure the other side is too scared to sue you.


Gates Asked for IP Royalties for OpenOffice from Sun Microsystems

Sometime between 2003 and 2006, Microsoft Chief Executive Officer Steve Ballmer and Co-founder and chairman Bill Gates visited Sun Microsystems. It wasn’t a courtesy visit, according to Jonathan Ian Schwartz, Former CEO of Sun Microsystems. The Microsoft duo were on a mission to convince Scott McNealy, Sun’s then CEO, to enter into a patent licensing agreement with the Redmond company. Moreover, Gates wanted compensation for the patents that Sun Microsystems was allegedly violating with OpenOffice, a rival product of Microsoft’s own Office productivity suite. Sun resisted.


This ought to make GNU/Linux users who defend Microsoft or Apple think twice.

More Apple and Microsoft



The i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] is not quite over yet. Microsoft's defense of software patents is costing it dearly; its cash cow is at stake and it's still trying to exhaust the plaintiff, as usual [1, 2]. The legal system is built in such a way that it favours those who can endure (afford) more motions, which is why Microsoft manages to get away with many real offences and have charges dismissed. It's a brute force game.

Two days ago we found out that Apple is getting sued for patent infringement again:

Apple, Research in Motion, and a gaggle of other deep-pocket firms have been slapped with a wide-ranging patent infringment suit by an obscure Texas firm.

The suit alleges that Apple and RIM - plus AT&T, Insight Enterprises, LG Electronics, Motorola, Pantech Wireless, Samsung and Sanyo - are in violation of one or more of seven mobile phone–related patents. The allegedly infringed-upon patents include ones for Bluetooth connectivity, syncing, background processing and other mobile matters.


Here is more about Apple, relating to something that we covered 2 days ago.

More than 100,000 app developers have reportedly signed the iPhone Development Program License Agreement allowing them write software for the iPhone, however few people outside the inner circle of developers have ever seen the documents thanks to a non-disclosure clause included in the agreement.When NASA released the NASA App for iPhone, The Electronic Frontier Foundation (EFF) seized the opportunity to get a copy from the federal government under the Freedom of Information Act.


Google and Facebook Get What They Deserve



Google is not an opponent of software patents and neither is Facebook [1, 2]. This is why the following new lawsuit is probably good news:

Google, Facebook sued on mobile notworking

Google and Facebook have been sued in New York by a company claiming to own software patents that put social networks on mobile phones.


Google, Facebook Sued Over Social-Networking Patent

Wireless Ink Corp., which runs the Winksite service, claims that Facebook Mobile and Google Buzz are infringing a patent issued in October. In a complaint filed yesterday in federal court in Manhattan, the company is seeking cash compensation and a court order to prevent further use of its invention.


Let them get sued. Maybe they will eventually learn that software patents are not worth the trouble. They makes this patent system a wasteful farce that does not promote science like it was originally supposed to.

Amazon a Mockery to the USPTO



Amazon's patent deal with Microsoft [1, 2, 3, 4] showed us that Amazon is not an opponent of software patents, but we already knew that. One of the most infamous examples of Amazon's shameful patent policy is the 1-click patent, which the USPTO is still unable to bin. Here is the latest development. From Slashdot's summary/description:

Zordak writes "Amazon's infamous '1-click' patent has been in reexamination at the USPTO for almost four years. Patently-O now reports that 'the USPTO confirmed the patentability of original claims 6-10 and amended claims 1-5 and 11-26. The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a 'shopping cart model.' Thus, to infringe the new version of the patent, an eCommerce retailer must use a shopping cart model (presumably non-1-click) alongside of the 1-click version. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope.'"


This is also covered in:

Amazon One-Click Patent Slides Through Reexamination

Amazon.com's 1-Click patent confirmed following re-exam

US Patent Office Decides That One Click Really Is Patentable

One Click Patent Reexamination over - with claims amended and other Amazon applications rejected in light of my prior art

The failure here is the USPTO's and the greed is Amazon's.

Recent Techrights' Posts

Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
 
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025