Bonum Certa Men Certa

Microsoft Happy About Apple's Invocation of Software Patents Against GNU/Linux

Ballmer on patents



Summary: Mobile Linux proceeds from one victory to another while Apple and Microsoft pointlessly attack with software patents

EARLIER TODAY we wrote about news reports which suggested that Microsoft played some role in Apple's lawsuit against GNU/Linux (via Google/Android). Just like in the TomTom case, Apple and its supporters insisted that people should not perceive this as a case against Linux (Microsoft used the same lie to save face while doing the damage).



There is support for Apple's action coming from Microsoft (Apple's patent buddy since a long time ago), based on the following new report where Microsoft's Brad Smith is quoted as saying about the HTC-Apple lawsuit: "the fact that there’s litigation in this area is not necessarily a bad thing."

Here it is with some more context:

With several Windows Mobile devices named in Apple’s patent suit against HTC, you’d be forgiven for expecting Microsoft to have a few words of quiet support for their hardware partners. However it seems Microsoft are quite looking forward to a general battle; speaking at an IP convention last week, Brad Smith, the company’s general counsel and senior vice president told amassed lawyers that ”the fact that there’s litigation in this area is not necessarily a bad thing.”


Microsoft seems rather eager when it comes to Apple introducing software patents as game changers in phones, as means of harming Linux as a free platform.

Let's recall the Apple-Nokia lawsuit (it is a two-way battle now [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]) which involved two -- not one -- proponents of software patents, one of which uses Symbian and Linux (Maemo/MeeGo). Apple accuses Nokia of using "legal alchemy" to hide infringements. IDG covers this, but it wrongly uses words like "IP" (it actually means to say patents) and "theft" (infringement does not constitute taking away from the original) right in the headline.

Nokia last week asked a federal judge to toss out Apple's antitrust claims, saying the iPhone maker indulged in "legal alchemy" when it tried to divert attention from its "free-riding" of Nokia's intellectual property.

The filing last Thursday was the latest salvo in a battle that began in October 2009 when Finnish handset maker Nokia sued Apple, saying the iPhone infringed on 10 of its patents and that the U.S. company was trying "to get a free ride on the back of Nokia's innovation." Nokia demanded royalties on all iPhones sold since Apple introduced the smartphone in June 2007.


Earlier today we also reiterated the fact that developers for platforms like Mac OS X and iPhone are merely being exploited [1, 2]. This is discussed further by Dana Blankenhorn right now:

“If Apple wants to be a real leader, it should be fostering innovation and competition, rather than acting as a jealous and arbitrary feudal lord.”

Is that a quote from Richard Stallman? From Steve Ballmer? Some dirty hippie blogger like myself?

Nope, it’s Electronic Frontier Foundation lawyer Fred von Lohmann (right), responding to his own “get,” a copy of the iPhone Developer License Agreement, now posted on the EFF Web site.


Tim Bray, who used to be buying a lot of Apple gear, is now comparing Apple to "Evil" (that's a strong word with somewhat religious connotation) as he joins the Android team [1, 2] (we mentioned this last night). Here is what he wrote:

The iPhone vision of the mobile Internet’s future omits controversy, sex, and freedom, but includes strict limits on who can know what and who can say what. It’s a sterile Disney-fied walled garden surrounded by sharp-toothed lawyers. The people who create the apps serve at the landlord’s pleasure and fear his anger.


Bray would be a good asset to Linux/Android/Google. He is the co-inventor of XML (which didn't really need much 'invention'). Bray is an opponent of software patents, so hopefully he'll wake Google up.

The inventor of the cellphone has also just dumped the iPhone and moved to Android (Linux):

It turns out that Martin Cooper, the man who invented the cell phone, is the proud owner of a Motorola Droid! In a story which aired on C-SPAN, Martin discussed the politics of cellphones, as well as his current device.


According to some preliminary figures, Droid alone (that's just one phone running Android) is beating iPhone's record:

Did you know that it took the iPhone only 74 days to reach 1 million units sold? Oh you've heard that, huh? Well, did you know that the Motorola Droid moved more units in the same time frame? Yeah, you probably didn't expect that. Frankly, neither did we. The latest report from Flurry shows the Droid pushing 1.05 million handsets in the first 74 days of release, eclipsing the number set by Apple.


No wonder Apple is so nervous. Microsoft is going nowhere too. Matt Asay, formerly a huge Apple fan, has just said the following things about Linux versus Apple (when asked whether "Linux [can] compete with Apple"):

Asay: I'm not sure this is the right question, as Linux already competes with and beats Apple in a huge array of devices. Linux spans everything from HPC to embedded devices and everything in between. Apple cannot compete with that. Could you build a supercomputer using Mac hardware? Sure, but you'd be mortgaging your house to do so and even then, the Mac would likely lose.

Of course, Apple doesn't want to compete in such markets. It's famously focused and opts to do a few things very well, like its iPhone and laptops.

Can Linux compete in these markets? Yes. Of course it can. Look at Android as perhaps the best example of effectively competing with Apple in mobile. Apparently Apple agrees with me, as its patent infringement suit against HTC is almost certainly a shot over Google's bow, as The New York Times recently suggested. Apple is worried. And it should be.


The Source commends Asay for some of his remarks which he made since had joined Canonical.

As a side note, although I expressed strong reservations when Mr. Asay was named Canonical COO, I haven’t heard anything from him yet that I find objectionable.


To summarise, Apple's action against GNU/Linux is supported by Microsoft while several notable people move away from Apple and directly to Linux. Among them: co-inventor of XML, inventor of the cellphone, and former Apple enthusiast and blogger Matt Asay.

"First they ignore you, then they ridicule you, then they fight you, then you win."

--(Usually attributed to) Mahatma Gandhi



Comments

Recent Techrights' Posts

Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
 
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026