Bonum Certa Men Certa

Apple's and Microsoft's Patent Attacks and Why the Linux Foundation's Response Disappoints

Why so angry, Steve?!

Steve Ballmer



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



Summary: A great number of new articles about the effects of Apple, Microsoft, and Intellectual Ventures (funded by Apple, Microsoft, and Bill Gates) on Free software

Apple's attack on GNU/Linux [1, 2, 3, 4, 5] has led Dana Blankenhorn to suggesting that Apple could be the next SCO.

Apple’s suit against HTC could end one of two ways.

Either Apple becomes the next SCO, which ran itself aground claiming rights to Linux, or it becomes the next Microsoft, which is prospering while claiming to own Linux.

The answer depends on how hard Apple presses its case.


According to this new article from the New York Times, Steve Jobs is being anti-competitive.

“We did not enter the search business. They entered the phone business,” Mr. Jobs told Apple employees during an all-hands meeting shortly after the public introduction of the iPad in January, according to two employees who were there and heard the presentation. “Make no mistake: Google wants to kill the iPhone. We won’t let them.”


"Why Apple is paranoid about Android," wonders an IDG blogger, who plays with words of a Radiohead track.

What was surprising was that the theme that Business Insider chose to talk about - RIM holding on to its dominance from the Apple iPhone - was not what caught my eye. What struck me was the Google Android share and the sharp recent increase, suggesting that it's heading ever upwards. In fact, when I go back to the original figure from ComScore, the market share is 7.1 percent - a whopping increase from the 2.8 percent of the previous quarter - that's a little over 150 percent increase in three months. And that market share was achieved very quickly, Android only released its first phone in September 2008, a doubly impressive performance.


As a reminder, Apple also sues Nokia, but Nokia is the company that sued first [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. This case could take years, according to:

1. U.S. Judge Suspends Apple-Nokia Case

The judge stayed litigation in the case pending the outcome of the International Trade Commission investigations that each company requested against the other. The investigation into Apple was announced by the ITC in late January, while the responding investigation into Nokia was launched late last month. After Nokia's first lawsuit, launched in October of last year, Apple filed a counterclaim in the Delaware district court, also accusing Nokia of patent infringement. Nokia subsequently launched a second suit, aiming to block importation of Apple hardware into the U.S.


2. Nokia, Apple seek patent trial in 2 years

Top phone makers Nokia and Apple will seek a U.S. court hearing in a key patent battle in mid-2012, a court filing showed, raising the specter of a prolonged legal struggle.


Here is a note about prior art and LWN with a list of the patents and a discussion. IDG has this list of top smartphone lawsuits.

Over the past decades, the software patent has become a weapon of choice in tech circles.


One writer argues that "Apple's patent offensive sends message to rivals". It's a bully's technique, like "Shock and Awe" or "crazy dictator" (always be aware of the lawsuit-loving, trigger-happy one).

Apple's patent infringement case against HTC is part of a larger effort to give rival smart phone manufacturers pause as they pursue iPhone-like features in their devices, according to a research note from Oppenheimer analyst Yair Reiner.

Philip Elmer-DeWitt of Brainstorm Tech relates the note, which recounts the way Apple is working behind the scenes to stop what it calls the rip off of its intellectual property. It also suggests that Apple's IP battle could deal a blow to Google's Android operating system and manufacturers relying on it.


Apple and Microsoft are actually both in it, having previously bullied companies like Sun over the use and support of Free software [1, 2]. They keep the abusive behaviour secret for the most part.

This also brings us back to Amazon's patent deal with Microsoft [1, 2, 3]. "Microsoft's Amazon deal was all about Linux," says this one article.

However, buried in the small print of the press release about the deal was a set of technologies covered by the agreement including the Kindle, which employs open source software, and Amazon’s use of Linux-based servers.

What this could mean is that Microsoft is popping around to some of the bigger Linux based technology outfits and saying: “Look you have some stuff we want to use, give us the rights to use it and we will not make you the first person we sue over Linux”.

[...]

What surprises us is that the Open Source community has not kicked up more of a stink about it.

Jim Zemlin, of the Linux Foundation, wrote of the deal that most technology companies have invested heavily in patents and that a cross-licensing agreement is a non-news event. The fact that two entities with expensive stockpiles of outdated weapons felt the need to negotiate détente is not surprising.


We have already complained about apathy from Zemlin and a few others [1, 2]. There is a poor approach from the Linux Foundation, which is not opposing software patents (its funding sources don't). Instead, the foundation plays along with the dirty games of lobbying. "Software freedom has a posse – in Washington DC," says Phipps from the OSI, who adds that:

You’ll recall I posted a long analysis of the sick position the IIPA took urging the US Trade Representative (USTR) to discriminate against countries around the world if they have a preference for software freedom. That analysis become an input for the excellent position statement, written collaboratively by the OSI Board and posted by OSI President Michael Tiemann, calling for action by national groups.


Here is OSFA's announcement and some resultant press coverage. OSFA should have spent energy lobbying to abolish software patents once and for all, but then again, some of the companies it represents are fake friends of Free software who actually like software patents (companies like Google and IBM, for example).

One issue that we mentioned before is that Google had gotten sued by some obscure company [1, 2] and Microsoft did too [1, 2, 3, 4, 5, 6, 7] (there are $242,000,000 at stake, a similar amount to that of the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]).

One would think that Google and Microsoft can abolishing software patents, but the benefits they receive from these monopolies are greater than the occasional damages. According to this new report from IP Watch, Microsoft is now joined by it patent troll Nathan Myhrvold, who helped the company hack the patent system.

Indian Civil Society Raises Concerns Over US Industry-Sponsored IP Summits



[...]

Public interest groups in India are raising questions over annual summits involving Indian judges and policymakers that are being funded by major western industry groups, in particular pharmaceutical companies. At this year’s summit, held recently, a section of India’s patent law which prevents the extension of monopoly power for incremental innovations came under attack, the groups have said.

[...]

Companies with a “vested interest in software patents” such as Intellectual Ventures, Microsoft, and Qualcomm also have been involved, although such patents are not currently allowed in the country, it added.


Why is Intellectual Ventures even involved in this? It has no products and it contributed nothing to society or industry. It's just a leech that spends over a million dollars per year lobbying while bullying a variety of companies, which lose their income to this leech.

Change is needed and it involves abolishing software patents, not working one's way around them. OSFA ought to work towards that goal and identify Apple, Microsoft, or even their shells that they fund as foes not worth working with.

"Intellectual property is the next software."

--Nathan Myhrvold, funded by Apple, Microsoft, and Bill Gates

Comments

Recent Techrights' Posts

Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
 
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026
LinkedIn Layoffs at Microsoft: Probably Well More Than 5% of Staff
In short, it's difficult to believe only 5% are impacted
It's Not Just a Widespread Theory, It's Apparently a Verified Fact: Home Appliances Not Made to Last Long
Washing machine repair man asserts that the machines sold a decade ago could maybe last a decade; now they last barely 5 years.
Torvalds Capitulated on Rust and Slop, Now He's Paying the Price
they are pushing Microsoft and slop for grifters and scammers
Whistleblowers Needed: We Are Seeing Many Layoffs in Red Hat (Not Just in China), We Want to Know More
Last week we learned about some people who said they had left Red Hat or are leaving Red Hat
Links 19/05/2026: More Obituaries for Peter G. Neumann, Taiwan Abandoned by Cheeto House for Don's Personal Gain
Links for the day
Links 19/05/2026: Online 'Storage' (Surveillance) Accounts Lower Thresholds (Gmail, Google Drive, and Google Photos), Slop Debacles Expand (False Promises Made to Staff Regarding Compensation)
Links for the day
SLAPP Censorship - Part 81 Out of 200: SLAPP Censorship Does Not Work If Your Sole Strategy is Revenge (and You Attack the Family)
Both yours and others'
Techrights at 20 (Soon)
It does not seek popularity or affirmation from "Establishment" outlets
We Pay More for Less, for Things That Last Less Time and Are Almost Impossible to Repair
Ever noticed how "modern" or "smart" TVs come with dumber and dumber (worse) controllers?
Vista 11 Turns 5 in a Couple of Months. Not Many People Use It.
It is the only supported version of Windows; many people move elsewhere
Head of GitHub Recently Left, Microsoft Need No Longer Report Mass Layoffs There (User Activity is Declining)
We've long said that LinkedIn and GitHub, which Microsoft bought, would likely end up like Skype
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026