Bonum Certa Men Certa

On Matters of Patents, Google Less of a Problem Than Microsoft, Apple

GNU Google



Summary: Google has no history of patent aggression and hoarding (unlike IBM), it mostly falls prey to patent attacks, and it actively spreads Linux; thus, it should also help abolish software patents

A FEW MONTHS ago we wrote many posts about WebM, e.g. [1, 2, 3]. VP8 is important not just because of source code but also issues relating to software patents. As Wayne put it yesterday:



Some of the titles of articles about WebM have been hilarious. CNNTech has an article titled ‘Patent cloud looms over Google Web video plan‘ by Stephen Shankland. While the title is wildly inaccurate, the article is actually well balanced. But it does miss a couple of points. First, WebM is at present a software solution, and in over 90% of the world you cannot patent software. The only place the article might be topical is the United States – note that I said might. The Supreme Court of the United States is due to hand down a ruling in ‘Bilski” which could possibly wipe out software patents in the United States as well. If so, the so-called patent cloud becomes clean air. Of course the group, MPEG.LA, which is claiming that there are patent issues with WebM (previously known as VP8), has acted as a patent troll over H.264, which is why that codec hasn’t been more widely adopted. Like Microsoft and The SCO Group, they are prone to extravagant claims, and a total lack of proof.


It wasn't long ago that the patent troll who runs MPEG-LA also attacked Ogg with FUD, helped by his friends from Apple. As Wayne argues quite correctly, these formats are "prone to extravagant claims" just like in the SCO case where it's suspected that a case against Google could be made next. Groklaw wrote yesterday:

Darl's purchase of the [SCO] mobility assets was all done pretty much in the dark. We, the public were told one thing in advance, but something else after the fact. But now we get to see the final agreement.

Darl and Me Inc Holdings LLC, Darl's LLC, got not only the copyrights but a patent application as well, including rights to sue for any past infringement. The patent is entitled "Systems and Methods for Providing Distributed Applications and Services for Intelligent Mobile Devices," and the application was filed in 2006, #11/533347. We were told in advance of the sale that this patent application was excluded, but then he got it anyway.

What was SCO thinking, I was asking myself as I read the agreement? I could just see it: "Darl sues Google's Android". Why not? Everyone else and his dog is. Of course there's some prior art on that method of making fast, easy money. Seriously, though, if you check the transaction history for this patent application with the USPTO's PAIR system, what you learn is fascinatingly funny.


Oracle has of course already attacked Google and Paul Allen is attacking everybody with a semi-endorsement from Apple's co-founder Steve Wozniak (we covered this before). Let's remember that Apple too is suing Android. Sooner or later it becomes apparent that Google is attacked from many directions and Oracle is rather close to Apple (inter-personal-wise [1, 2, 3]).

Watch Microsoft getting ridiculed for patenting shutdown [1, 2]. We covered this before, but one blogger explains why it's a bad thing to patent anyway. [via TechDirt, which also remarks on the latest patent marking issue]

As the Linux in Exile post said, the Windows Update process holds the computer hostage during shutdown, and given the relatively high frequency of updates that need to be installed at shutdown, this is a major contributor to long shutdown times (especially considering that there are a lot of Microsoft Windows users who do not have access to broadband). Well, there you have it: Microsoft's long shutdown times demystified. You know what? Let them have the patent. Why would anyone else want to license such a long and complicated shutdown procedure anyway?


Let's remember that Microsoft taxes a lot of Android using mythical software patents.

Google ought to work against software patents. The company suffers a great deal from these. For the time being, Google never attacks using any patents whatsoever; Apple and Mirosoft, on the other hand, both use software patents offensively, even against Linux. What has Google gained from patents so far?

Recent Techrights' Posts

Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago