07.14.11

Gemini version available ♊︎

Android/Linux FUD is Calming Down, Microsoft Sympathisers Fantasise About Patents as Cash Cow

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 2:30 pm by Dr. Roy Schestowitz

Free

Summary: An analysis by reference, occurring shortly after the major news regarding Nortel’s patents and Oracle’s latest setback

ANOTHER day goes by and the level of patent FUD has decreased somewhat, which is good news. Tom Krazit wrote this article which we missed some days ago. He suggests for Google “Plan B—It’s perhaps a bit of a stretch to call this a “plan,” but Google is essentially throwing open its arms to the intellectual property community, willing to listen to just about anyone with mobile patents for sale or rent. It’s going to have to get patent coverage somehow, and it doesn’t seem to care if that’s through one-off deals with small companies, large acquisitions, or even patent licensing deals with its foes. It’s also hoping that federal regulators change the terms of the deal while they review it, similar to how a patent sale involving Novell was altered by the Department of Justice following complaints, and has a pipe dream that Congress may stop playing chicken with the debt ceiling and embrace real patent reform.

“Those who really pay for Nortel’s patent is all of us.”“This is a crucial summer for Android. It rose to prominence as the anti-iPhone, but has managed to unite Apple, Microsoft, and Research in Motion in a consortium of competitors who are trying to hit Google in its most vulnerable spot.”

It’s not a great piece at all, but it does get across the point about anti-competitive aspects.

Those who really pay for Nortel’s patent is all of us. It’s just a major tax on everything, as explained here:

The real losers here were us consumers who will pay more for things produced under the patents. We will also see less inter-company competition and less innovation. This further cements the already long standing position of the incumbents, which will also restrict innovation.

Still think patents promote innovation?

Compare that to shamelss Microsoft boosters like Ina Fried who say things like “Microsoft Could Make More From Android Licensing Than From Software” (other Microsoft boosters go with the same talking point these days). To quote an accurate observation: “This past week, Microsoft announced four deals with smaller Android device makers Onkyo, Wistron, Velocity Micro and General Dynamics Itronix.

“There are some differences between the current approach with Android and the one Microsoft took vis-à-vis Linux. With Linux, Microsoft generally avoided going the litigation route.”
      –Ina Fried
“There are some differences between the current approach with Android and the one Microsoft took vis-à-vis Linux. With Linux, Microsoft generally avoided going the litigation route. It wasn’t until years after it started licensing Linux that it filed its first suit involving Linux-related claims — a suit against GPS maker TomTom that was quickly settled.”

Yes, this is quite true, but Fried played along with Microsoft for several years in CNET, giving a platform to Microsoft’s patent racketeers and justifying these abusive actions. Fried should be utterly ashamed of it.

Companies like Novell were giving up without a fight or in Novell’s particular case actually approaching Microsoft for a deal. So in some sense, Fried’s quoted observation is correct. Based on reports we accumulated, Melco — not HTC — was probably the first company to cave at gunpoint. It is hard to tell for sure, however, due to NDAs.

Microsoft is not the only company in a position of offence against Android and we recognise that Oracle too needs to be watched. Based on more information from Groklaw, Google is doing quite alright trashing Oracle’s patents and Pogson adds:

If Google’s motion to include the new defences is accepted, Oracle’s case grows some huge holes a jury will be hard pressed to ignore. If Google’s motion is denied, Google will have excellent grounds to appeal a negative decision. There is no indication here that Google will take the easy way out and settle. There is indication that software patents will have another nail in their coffin. Google has the resources to find prior art and are experts at search.

The ’702 patent is about virtual machines, something IBM has been working with since the 1960s to divide up the resources of the System 360 mainframe. I remember that machine with its walk-in compartments and blinking incandescent lights. This all predated UCSD p system and Java by many years. IBM currently uses that history to sell its virtual solutions to customers. I am sure the judge will enjoy the reading. I am sure a fair judge will want the whole story to be told in court.

Here is one new report on the subject (from a trusted source). It says that the USPTO “has provisionally rejected, partially or in full, five of the seven Java patents over whose alleged infringement Oracle has taken Google to court. However, Oracle has refused to accept this rejection. In a response to the USPTO, the software vendor explains why it thinks that the reference to “prior art” does not apply.”

Apple and Oracle are connected through their CEOs, Ellison and Jobs. We wrote a lot about this.

“One Finger OK, But Only Steve Jobs Can Use Two,” reads this headline

Roughly speaking, Apple seems to be claiming that if you use more than one finger to do something on a touchscreen, you’re infringing on their intellectual property.

Apple will probably try to use such patents against Android tablets. For shame.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

2 Comments

  1. Needs Sunlight said,

    July 15, 2011 at 11:19 am

    Gravatar

    Nice quote in the Mother Jones article,

    “I’m beginning to wonder if there’s any solution at all to this idiocy aside from doing away completely with patents for anything you can’t pick up and hold in your hands. “

    Dr. Roy Schestowitz Reply:

    Similar to some other statements you come across all the time. Back in the days the inventor had to demonstrate (physically) the patented invention to the examiner.

DecorWhat Else is New


  1. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  2. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  3. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  4. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  5. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  6. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  7. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  8. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  9. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  10. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  11. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  12. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  13. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  14. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  15. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  16. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  17. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  18. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  19. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  20. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  21. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  22. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  23. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  24. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  25. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  26. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  27. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  28. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  29. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  30. Links 16/1/2022: Tsunami and Patents

    Links for the day


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

Recent Posts