Bonum Certa Men Certa

Google and Commentators Weaken the Popularity of Software Patents, Apple Already Gets Blowback

Tricky - Blowback



Summary: The public and even Google make some noise over the absurdity of software patents; Apple gets sued by Samsung after it had sued Samsung over Android

Yesterday we published several articles about the excessive intrusion of patents into the smartphones arena. Ars Technica has a similar article about how the fight for smartphones domination became a patent fight.



In the last few weeks, the smartphone industry appeared to produce more lawsuits than phones. Apple briefly managed to stop the sale of the Samsung Galaxy Tab 10.1 in all of Europe, and is now going after the whole Galaxy line. Back Stateside, Google first complained that Microsoft and Apple were using "bogus patents" to target Android, then spent $12 billion for Motorola and its patent arsenal. These are big, high-stakes fights—and the last company left standing may walk away with control over nothing less than the smartphone market itself.


Incidentally, The Guardian too wrote about it on the same day, claiming that "Lawsuits highlight smartphone ecosystem's prosperity" (the headline) and as a little bit of background it wrote:

First, a word on the general topic of patents. Feast your eyes on this Wikipedia article and you'll see that patents, those erstwhile royal decrees, have been around for a long time. In theory, they're supposed to foster innovation by granting the inventor a monopoly on an original process. In reality, things get complicated. Byzantine patent law has created lifetime employment opportunities for those who are expert in the Talmudic parsing of what is actually, legally patentable.

Back in the tangible, "real-world" days, you could invent a new process to temper steel that would result in taller, safer buildings. In patenting your idea, you'd earn a bit for yourself and encourage others to raise the bar.


More publications explain to their readers the subject of patents from a sceptical point of view. This is progress.

In other news, Google seems to be pushing a bit against software patents. "Fascinating," calls it Alan Lord. "New claim by Google could essentially render s/w patents irrelevant". Here is the article in question:

Google urged a federal judge to dismiss a patent-infringement case alleging that it copied Oracle's Java code, arguing that the code installed on Android devices came from foreign device makers.

It is "undisputed" that Google makes Android software available to foreign manufacturers through download only, Google attorney Robert Van Nest noted. He claims that "downloading the software necessarily requires the foreign manufacturer to copy it." The copy loaded onto the foreign-made device is not supplied by the United States.


"Google claims that copied code is not patent infringement," claims someone called "Air VPN" in a Twitter tweet regarding this article.

Perhaps something good might eventually come out from this case, which the Microsoft booster claims to have escalated to CEOs and Groklaw keeps tracking closely [1, 2], insisting that Oracle is unlikely to win. It is worth noting that Samsung has begun showing its teeth. The anti-Linux patent cartels won't have a day field. "Samsung Slaps Apple With Patent Lawsuit in France" says the headline from Mashable, providing context by writing:"After numerous patent lawsuits from Apple, Samsung has responded with another lawsuit of its own — this time in France."

When HTC sued the thuggish Apple, Apple and Microsoft proponents/spinners pretended it came out of nowhere. They sought to portray the Motorola deal as a prelude to aggression.

Timothy B. Lee adds fuel to the fire by issuing another call (in Forbes) to squash patents on abstract ideas (including software algorithms). To quote:

So I’m extremely excited that three of the nation’s leading libertarian think tanks—Cato, the Competitive Enterprise Institute, and the Reason Foundation—have submitted an amicus brief in the case of Mayo v. Prometheus. As far as I know, this is the first time any of these think tanks has filed an patent-related amicus brief with the Supreme Court, and it couldn’t have come at a better time. I’m listed as a co-author on the Cato site, but the brief was actually written for us by the brilliant Christina Mulligan at Yale’s Information Society Project. We benefitted from the able leadership of Ilya Shapiro, who supervises Cato’s amicus program.

Christina did a superb job of explaining how the Federal Circuit’s decisions from the 1990s contradict earlier decisions from the Supreme Court itself. And she also marshals the growing body of empirical evidence that the Federal Court’s experiment with allowing patents on abstract ideas has done serious economic damage. Because the Federal Circuit’s experiment with expanding patentable subject matter started with software and business method patents, the brief focuses pretty heavily on those two categories of patents.


This comes amid a lot of opposition to software patents and even to the latest 'reform', which the patent lawyers community rallies around. Joe McKendrick's summary about it states that:

Proposed new patent-reform law may merely speed up tangled system; one observer suggests doing away with software patents altogether.


It is not just software patents, but eliminating software patents would be a good start. As another sign of hope being defensible, the abusively-used patents of Rambus [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] seem to have been sunk for good. Reuters writes:

Two patents that chip designer Rambus (RMBS.O) used to win patent lawsuits against Nvidia Corp (NVDA.O), Hewlett-Packard (HPQ.N) and others have been declared invalid by the U.S. Patent and Trademark Office, according to legal documents.


Why were they granted in the first place? This system is dysfunctional and irreparable.

Comments

Recent Techrights' Posts

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)
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
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
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
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
 
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
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the 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
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
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
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
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day