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

04.03.10

Apple Now in ‘Embargo Mode’ Against Android (Linux)

Posted in Apple, Bill Gates, GNU/Linux, Law, Microsoft, Patents at 9:59 am by Dr. Roy Schestowitz

“Apple started claiming to have invented the personal computer and it pissed me off!”

Ed Roberts

Summary: Apple’s use of the USITC loophole leads to embargo-based pressure against a distributor of phones with Linux in them

With Microsoft’s endorsement [1, 2], Apple is suing Android via HTC [1, 2, 3, 4, 5, 6]. This is having a negative effect although HTC denies it when speaking to official sources.

Taiwan’s HTC Corp (2498.TW), the world’s No.5 smartphone maker, said on Friday a lawsuit against it by Apple Computer (AAPL.O) was not affecting operations.

Apple just can't compete with its artificially-limited products that rely on fake hype. Buying Apple is about “anything but Microsoft”, whereas buying GNU/Linux usually means “anything but proprietary software”. The former is a war between brands, whereas the latter addresses behaviour (access to program code, sharing without the restriction of software patents, DRM, et cetera).

According to many reports [1, 2, 3, 4, 5], this aggression from Apple has escalated to an embargo routine, currently involving this investigation. It’s supposed to have a chilling effect and intimidate HTC, pressuring the company to pay Apple or remove the “offending” feature/s (product castration).

Today the United States International Trade Commission (USITC) said that it will investigate Apple’s complaint that HTC infringed on its patents.

Embargo is the goal, or at least taxation. If this is what patents are about, they are an enemy of the customer, foe of the developer, worst nightmare of any start-up, and impediment to science as a whole. To make matters worse, based on this report, patents continue to have human casualties.

A federal judge in Newark, N.J., on Thursday dismissed a class action claiming that Schering-Plough Corp. violated antitrust law by paying generic drug makers to delay introduction of knockoffs of its potassium-deficiency drug K-Dur.

There is less restrained interpretation at TechDirt:

So, basically, the only reason this wasn’t anticompetitive was because it all happened under a government-granted monopoly. Talk about ironic, right? Because there’s a monopoly, the company doesn’t get labeled a monopolist. Isn’t the patent system great?

This ruling is unfortunate for a variety of reasons. You can see why generic drug makers agree to these deals: it’s either go through an expensive fight to put a drug on the market, or get out of the lawsuit and get paid a ton of money for nothing. Not hard to make that decision. But the end result is anti-competitive, in that it allows big pharma firms to keep the prices jacked up very high on their drugs, much to the detriment of everyone else.

In many old posts we have explained why pharmaceutical patents too are ruthless and unnecessary. Bill Gates is a major investor in such patents. It can make him a lot of money, but at whose expense? Legions of PR people can change perception, but they can never change the facts.

“You’ll read that Bill Gates envisioned it all, which is a crock. He didn’t envision any of it. Nobody did.”

Ed Roberts

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

6 Comments

  1. dyfet said,

    April 3, 2010 at 10:28 am

    Gravatar

    “…Buying Apple is about “anything but Microsoft”, whereas buying GNU/Linux usually means “anything but proprietary software”. The former is a war between brands, whereas the latter addresses behavior (access to program code, sharing without the restriction of software patents, DRM, et cetera)…”

    I like this quote very much. The problem I see with Canonical is that it is now falling into a fallacy of choice of brands, which is NOT why most people choose Ubuntu. At least that is what I fear.

    Dr. Roy Schestowitz Reply:

    I suppose what you’re saying is that if Microsoft and Apple are Coke and Pepsi, then Ubuntu strives to become RC Cola (for desktops) while 1,000+ distributions share their water, sugar and acids to produce excellent beverages that are kept affordable and come with full recipes and standalone ingredients.

    All in all, I disagree with the suggestion that Ubuntu is all branding.

    dyfet Reply:

    I happen disagree also. The problem as I see it is that there are now people there who do think this way, though. That is that they think the solution is branding.

    Dr. Roy Schestowitz Reply:

    The problem that I see is different. Canonical makes people think that Ubuntu and GNU/Linux are different. Google does the same thing with Android and Chrome OS. They obscure and rarely attribute/credit those who do the heavy lifting.

    dyfet Reply:

    That is an interesting point and I had not looked at it in quite that way until now, but now I better understand your original point.

    Dr. Roy Schestowitz Reply:

    I know people (including friends of mine who use Android) who don’t know that Android is Linux underneath. A lot of the press presents Chrome OS as Google’s ‘own’ OS and won’t even say that Chrome uses a lot of others’ code, including KDE (elements of KHTML).

    No wonder many people think that “Linux” failed and “GNU” is just some beast/animal.

What Else is New


  1. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  2. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  3. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  4. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  5. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  6. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  7. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  8. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  9. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  10. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  11. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  12. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  13. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  14. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  15. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  16. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  17. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  18. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  19. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  20. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  21. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  22. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  23. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  24. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  25. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  26. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  27. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  28. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  29. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  30. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day


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