Bonum Certa Men Certa

Patent Reform and Android

Hand pencil



Summary: Why Google blew it as the company continues to pursue its own security rather than become more of a team player in the FOSS world

ALTHOUGH Android is not as free/libre as one might hope, it is the most likely Linux-based mobile platform to rise to greatness.



Google disappointed us on numerous occasions because rather than antagonise software patents (even with an amicus brief) it just played along with the plot and bought many patents, including software patents. It also filed applications for software patents of its own. Google is in a position where it can afford to play those messy games, but how does that help the rest of us? Android patent defence does not magically indemnify Linux.

So anyway, Google became part of the Big Boys Club and the hoax of a patent reform got passed, not actually resolving the key issues that IDG explains as follows:

"3. No Real Change on Software

"Of critical importance to those of us in the information technology industry are software patents, which I've long opposed. While this reform could have been a great time to deal with this problematic issue, that didn't happen. Only two narrow niches--financial products and tax strategies--are addressed in a limited way, but nothing broader is included to fix the problem overall.

"Android patent defence does not magically indemnify Linux.""Pro: Patents are limited or clarified somewhat in two narrowly defined business niches.

"Con: Overall, the ongoing software patent debacle continues unchanged, and that can only hurt small developers."

What a waste of a 'reform'.

Google has done one thing right when it spoke out about the cartel against Android, but what else is it doing about it? Based on reports like this one or this one, "Android [is] hurt by patent wars, could lose features" (amid call for CEOs to attend the courtroom).

The many articles about the subject (even new timelines) say something along the lines of "Google, Oracle CEOs Said to Make Little Headway in Patent Talks," but the idea of abolishing software patents altogether is totally off the table. We must remember that Oracle's older official statement was against software patents and all those "Java" patents are in fact software patents. Has Google explored the possibility of cutting the umbilical cord of this whole attack among others (on other developers too)? Or is Google just interested in defending Google while considering no push to end software patents for good? Here is one particular article on the subject:

oogle and Oracle CEOs will square off in court today to resolve a dispute that may pose the biggest threat to Google's Android mobile software, now running on more than 150 million devices.

Google's Larry Page and Oracle's Larry Ellison were ordered to appear before a federal court magistrate in San Jose after tussling over patents for more than a year. Oracle accused Google of infringing on patents related to its Java software, and a settlement means the companies avoid the risk of having a jury trial decide whether Google owes royalties.


What about explaining to the court or at least to politicians the ridiculousness of those patents in general? These are the politicians who pass a fake patent 'reform' to wash their hands. In the sick industry of lobbying surely Google could come up with something. Its foes constantly lobby for more patents (and a global patent system), not to mention embargo. To quote this new report: "A settlement will likely require HTC to pay Apple hefty royalty fees for using its patents. The Taiwan-based company already gives Microsoft $5 for every handset sold, which brings the Redmond, Wash.-based company more revenue than from its Windows Phone sales."

Android is getting damaged here and in order to resolve the problem for good (before Microsoft sends more and more patent trolls to raise the price of Android) Google will need to strike at the root. Samsung has a huge patents portfolio, so it can afford to seek embargo against Apple as means of deterrence. Quoting the news:

There are now 19 patent lawsuits between Samsung and Apple, in 12 courts in nine countries. In addition to the United States, Germany, and Australia, patent suits are pending in the United Kingdom, France, Italy, the Netherlands, Japan and South Korea. Apple also has filed patent suits against HTC, Motorola Mobility and others.


Samsung is meanwhile considering more of Bada and it can afford to sue back against aggressors like Apple. But how many developers out there are able to do so? Google too has just grown up patents-wise, but it does not provide much comfort to the FOSS world at large. We must not lose sight of the real problem and the real solution to it. Google was only a potential ally in that regard.

Recent Techrights' Posts

Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
 
“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
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
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
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
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025