Bonum Certa Men Certa

Linux Battle in Mobile Phones Becomes Primarily Legal, Not Technical, Due to Software Patents

"In United States, software mafia sues YOU!"

Pen and book



Summary: With broken patent law in the United States and in far east Asia, winners in the mobile space are determined in the courtroom rather than the market

OUR IRC regular gnufreex says that "it looks like Microsoft is down to patent trolling...



"They are dead in mobile game," he explains. "They can only try to extort patents now... And they might set off OIN... So they could be blasted forever."

Actually, the OIN has been pretty useless in that regard. It has done almost nothing at all to defend Linux against Microsoft's ongoing extortion. The mobile space is where Microsoft can make a lot of money from Android phones because Microsoft itself cannot produce anything worthy.

“They [Microsoft] can only try to extort patents now...”
      --gnufreex
"Oh... They still own Nokia," says gnufreex. "Sadly, they might pull down Nokia with them." gnufreex refers to what we last wrote about yesterday on a couple of occasions. We'll return to that later and for the time being just point out the coverage from AP, the Reuters headline which says "Analysis: Another Microsoft exec pushes escape key" (Reuters also has "Factbox: Key problems facing new Nokia CEO Elop"), and some other articles which can indicate that Nokia cannot join Android because Microsoft would not like it (Nokia has Symbian, which does not advance Linux). "Android, Symbian to Vie for Dominance as Microsoft Phone Series Flounders" says one article and another proposes "10 Things Nokia's New CEO Must Do ASAP". We consider this to be a candidate for entryism based on the statement from Steve Ballmer, but hopefully we are wrong. Surely enough, it can also be a negative to Microsoft. Murdoch's press says that "Elop's Exit Adds To Microsoft's Mounting Challenges" (to a certain degree it does).

As we showed yesterday, even Microsoft partners are unwilling to touch Vista Phone 7 [sic] this year and the number of companies that distance themselves from this platform appears to be growing (now it includes Sprint Nextel too).

Microsoft increasingly turns to software patents as a way of making money in the mobile space. Microsoft keeps paying all sorts of patent trolls and agitators like Uniloc [1, 2, 3, 4, 5, 6, 7] for their software patents and these companies, in turn, use this Microsoft money to sue loads of other companies. Here is Uniloc's latest:

Uniloc has vigorously pursued legal action against some of the biggest technology companies in the world over unauthorized used of its patented technology since it sued Microsoft Corp. in 2003. That case was in Rhode Island; the more recent ones have been filed in federal court in Tyler, Tex.Uniloc won a $388 million judgement against Microsoft, but the judge threw out the verdict. At that time, Uniloc attorney Paul Hayes said, “This is a real David and Goliath case. Microsoft probably makes more profit in a day than Uniloc makes in sales in a year.”More recently, Uniloc sued Sony and McAfee.Other companies sued in the newest lawsuit include CA Inc.; National Instruments Corp.; Pervasive Software Inc.; Aladdin Knowledge, part of SafeNet Inc.; Pinnacle Systems, part of Avid Technology; Sonic Solutions Inc.


Some days ago we showed that Microsoft was verbally attacking Android using patent FUD. “It does infringe on a bunch of patents, and there’s a cost associated with that,” Microsoft's Ellawala was quoted as saying. He then said “there’s a... cost associated with Android that doesn’t make it free.”

"This is exactly what I knew they'd say as soon as I read about Oracle's lawsuit against Google," Pamela Jones wrote in response to this in Groklaw. "Shame on Oracle for even inadvertently helping Microsoft FUD like this."

Oracle's lawsuit may also help .NET and Mono against Java. One blogger has just explained "how Oracle can easily be defeated in its patent offensive against Android":

Interestingly, OIN appears to be rather stealthy and no longer publishes a list of protected technologies (other than mentioning linux) nor does it make public any strategy or commitment to protect anything. It might be doing this to prevent patent trolls finding loopholes or to prevent the organisation from wasting resources in unwinnable situations. Then again, it might just be an impotent organisation with no real teeth or one that only caters to protect the interests of its founding members and no one else.

Its amazing how much power OIN has (100+ patents) yet does very little to prevent the likes of Microsoft, Apple and Oracle from their anti-competitive and unethical actions which result in terrorising users of Open source with patents. The only success it has had was to purchase a set of anti-Linux patents that Microsoft would have sold to a bunch of trolls. Time to end the moral cowardice of OIN if you ask me...


Is it time for the OIN to finally shine? OpenBytes wrote about this too: (as a side note, the site is currently being trolled too much by pro-Microsoft trolls/AstroTurfers, who also abused other Web sites including Techrights under identical names)

Which comes as little surprise since over the life of this blog Ive commented on my experiences of Winmob with a MDA Mail. Lets also cast our minds back to the praise Kin received from some individuals and whilst most tech observers were predicting a flop (it was blatantly obvious in the case of Kin) we were called haters and accused of dishonesty. These claims were never retracted when the Kin was withdrawn having allegedly sold only 500 units. 500 units for a company like Microsoft? And we “haters” were right weren’t we?

As I mentioned in the comments section of the previous article (kindly prompted by a resident troll) Verizon is allegedly not jumping on board with Windows Mobile 7 at its launch. This must come as a blow to Microsoft, but then after the Kin experience who could blame Verizon if they have been put off getting involved in Microsoft’s latest “innovations”.

I strongly suggest you read the Registers article. Whilst Microsoft siding with Oracle may not be “news”, to me shows just how impossible it considers the task of competing with Android. Windows Mobile 7 will be touting great “sales” on launch day, just remember they are giving them away to their employee’s for free (apparently)…


Microsoft booster Robert Mullins has just cited Microsoft Florian and belittled Java's future, as one ought to expect (his piece is further promoted by the pseudo-open source blog of IDG, in a new blog post which might show how much they love BSD because Microsoft too is based on some PostgreSQL codebase for its proprietary database).

While their comments were all obviously cleared by corporate, one of them, Stephen Chin, a director of software engineering, states: “This year at JavaOne is the seminal event of Oracle's stewardship, which will drive the future of Java.”

“JavaOne 2010 is THE event that will make or break Java, the technology,” writes Rom Feria, a professor at the University of the Philippines. “I cannot wait to know what Oracle will do with this awesome technology—where will Java be on the desktop, enterprise and mobile in the next in the next year or two.”


The truth of the matter is that Java is still the dominant language and Oracle had arguably legitimate concerns here (not regarding Android at all).

To Microsoft, Oracle's lawsuit against Google provides FUD against Linux and Java at the same time. To Microsoft it's all about software patents at this stage (it reinvents itself as a parasite) and as further evidence of this consider Microsoft's IP Ventures, which makes the news again in Ireland:

The company is based on technology provided by Microsoft under the Microsoft IP Ventures program in collaboration with Enterprise Ireland.

This program enabled InishTech to acquire and successfully build upon Microsoft’s IP in return for a providing Microsoft with a significant minority stake in InishTech.


Microsoft is trying to defeat GNU/Linux using absurd laws, not using products. The sooner everyone realise this, the sooner GNU/Linux blogs will place greater emphasis on subjects that truly affect the future success of Free software. As we argued some days ago, for software freedom the #1 barrier is software patents. A few days ago we explained this in great detail and earlier this month we showed that "the only remaining competition to mobile Linux is software patents" (this is one of the biggest growth areas at this moment).

Recent Techrights' Posts

It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
 
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day