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

09.21.10

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

Posted in Courtroom, GNU/Linux, Google, Java, Law, Microsoft, Mono, Patents at 11:16 am by Dr. Roy Schestowitz

“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).

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

What Else is New


  1. Links 17/12/2017: KStars 2.8.9, GNOME 3.27.3, Parrot Security 3.10

    Links for the day



  2. Raw: Benoît Battistelli Has Long Been Obsessed With 'Alternative Facts' (Lying) Regarding Everything

    The chronic lying by Battistelli’s EPO goes way back and reveals a total lack of integrity, shedding doubt on just about any statement issued by the Office



  3. Raw: At the EPO “Social Democracy” is Actually a Euphemism for Authoritarian Regime

    An old document about the EPO‘s transition to so-called ‘social’ ‘democracy’ and what that means in practical terms



  4. Battistelli's 'UPC Buddy' Michel Barnier Helped Squash EU Intervention in Dysfunctional (Subverted by Battistelli) Administrative Council

    A look back at how Michel Barnier helped cover Battistelli's back, insisting that the Commission cannot do anything to rectify matters at the EPO (Elżbieta Bieńkowska, another UPC proponent, said something similar later)



  5. Raw: “Experienced Examiners Can Examine Anything.” (Even Not in Their Field!)

    An internal document shows how the EPO handles imbalance in filings, in essence shifting examiners to fields they are not familiar with



  6. Andrei Iancu in Charge of the United States Patent Office (USPTO) Would be a Patent Microcosm Coup

    The progression of Andrei Iancu's nomination/appointment is a reason for concern; it is, for a fact, a reason for optimism among patent extremists



  7. The Latest IAM Puff Pieces That Launder the 'Reputation' of Patent Trolls

    The creeping threat of patent extortion (litigation from companies that are empty shells with nothing but patents) does not worry IAM; instead, this is the vision IAM wants to actualise, having been paid by stakeholders in such a nefarious outcome



  8. The EPO Has Found 'Creative' New Ways to Bribe the Media and Promote Software Patents

    From Computer-Implemented Inventions (CII) and "Industry 4.0" the EPO is moving to creative new misnomers for carriers of software patents, SEP (patents-encumbered 'standards'), so-called 'FRAND' etc.



  9. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  10. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  11. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  12. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  13. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  14. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  15. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  16. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  17. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  18. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  19. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  20. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  21. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  22. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  23. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  24. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  25. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  26. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  27. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  28. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  29. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  30. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin


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