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

10.23.11

Patents Roundup: Apple Control Freak, Patents as a Business Model, and Oracle vs. Android

Posted in Apple, Oracle, Patents at 3:05 am by Dr. Roy Schestowitz


Jobs image licensed under the GNU Free Documentation License (version 1.2 or any later versions); Ellison patch By Thomas Hawk

Summary: A mishmash of stories about software patents in the United States

THE agency known as the US International Trade Commission [1, 2, 3] has got far too much power that it does not deserve. It can be seen as a US-based office for the interests of any US-based company that wants to ban its competition and Apple misuses those powers to block competition just as Steve Jobs once hoped (more on that later, in a separate post).

The news is still abuzz with software patents, but only in the United States (Microsoft is trying to lobby for software patents in other countries, but that too will be a separate post).

Some companies are in fact basing themselves on a patent monopolies. To quote this new example:

…a new patent covering aspects of its mobile video and mobile personalization technologies.

The intent here is to exclude or to sue rivals. Is this really a valid business model? And as for Oracle, it too has turned to patents, having made statements against patents in the past. But it is being reported that Oracle’s case, which has already gone on for over a year, gets postponed:

A judge postponed an Oct. 31 trial over Oracle Corp.’s claims that Google Inc.’s Android software infringed patents on the Java programming language.

U.S. District Judge William Alsup in San Francisco vacated the scheduled trial date, saying it conflicts with a criminal gang case in his courtroom that will continue through January. He asked lawyers for Oracle and Google to consent to a trial before a magistrate judge. If they don’t agree, Alsup said he’s considering ‘swapping the case to another federal judge,” and the companies will have no right to object.

‘I have not been so overworked in 37 years of professional life,” Alsup said. The hearing concluded today with no new trial date scheduled.

The British press has more information about it:

Google over alleged Android patent infringements of Oracle-owned Java software has been postponed again, due to a criminal trial that will start the week before the two tech giants were due to meet.

Groklaw‘s take is as follows:

The two motions for summary judgment Oracle wants to file are, first, regarding “the copyrightability of the selection and arrangement of names in the API design specifications at issue”. Second, it wants to file a motion for summary judgment regarding “Google’s four equitable defenses — laches, equitable estoppel, implied license and waiver” and Google agrees that it can be decided as a matter of law. This has to do with Google’s arguments that nobody on Sun objected and in fact praised Android.

It did indeed and there is denial of evidence that can support Google according to other reports that call patents “intellectual property”. Funnily enough we found this new article titled “RIM’s operating system BBX in patent trouble”. It says that “A New Mexico firm claims the ‘BBX” name is protected by trademarks it holds and is threatening to take legal action against RIM unless it stops using the moniker.” Watch the headline that speaks of patents. The article is about trademarks, not patents. It is just more evidence of how poor journalism can be when it comes to these topics, with the term “IP” thrown around spuriously as well.

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

A Single Comment

  1. Michael said,

    October 23, 2011 at 11:10 am

    Gravatar

    FUD:
    —–
    It can be seen as a US-based office for the interests of any
    US-based company that wants to ban its competition and Apple
    misuses those powers to block competition just as Steve Jobs
    once hoped (more on that later, in a separate post).
    —–
    No mention is made of what power was misused. The courts are meant to be used to handle such disputes… using them as such is not misuse of them, it is proper use of them (though it is not the only avenue to solve such issues).

What Else is New


  1. Links 23/5/2015: Fedora 22 to May 26th, Netflix in SteamOS

    Links for the day



  2. The Patents Production 'Industry' (Patent Lawyers) Still Fights Hard to Salvage Software Patents

    A review of recent writings about software patents and patents on business methods in the United States, demonstrating that patent lawyers have gotten very vocal and sneaky (trying to evade the rules)



  3. Patents as a Marketing Strategy: USPTO Now Part of the Advertising Industry

    The existence of publicity patents, or patents whose sole purpose is to advertise some products, serves to discredit the US patent office, which was originally set up to promote science and technology



  4. Microsoft Blackmails and Extorts British Politicians Over Open Standards and Free Software-Leaning Policies

    Microsoft's digital imperialism in the UK getting defended using blackmail, reminding a lot of Brits that Microsoft is just as evil as ever before



  5. Microsoft Gives Another Bug a Name, This Time Logjam™

    The Microsoft crowd is good only at marketing, even when it comes to small bugs in software



  6. Links 22/5/2015: Fedora 22 Final Release is Near, Canonical IPO Considered

    Links for the day



  7. More Utter Shame Unveiled at Battistelli's EPO: Intimidation Tactics With Help From 'Control Risks'

    The unaccountable thugs who run the EPO have hired London-based spooks to help silence their opposition and their critics



  8. GNU/Linux Still Under Attack From Apple and Microsoft, Patents Remain the Weapon of Choice

    A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)



  9. Gartner Group and NASSCOM: Will Lie for FUD, on Behalf of Microsoft and Proprietary Software

    Some of the latest arguments against Free/libre software turn out to be arriving from couriers of Microsoft and its agenda



  10. Windows is a Franchise in Demise, Don't Believe the Hype

    Ongoing propaganda about Vista 10, 'cloud', and other buzzwords or brands are put in perspective



  11. Links 21/5/2015: Fedora 22 RC2, CERN Chooses OpenStack

    Links for the day



  12. Microsoft is Again Showing Its Hatred of Free/Open Source Software by Lobbying the Indian Government to Drop a Rational National Policy

    Microsoft decides to attack Free/Open Source software (FOSS) in India, where the corporate media is very much complicit in misleading the public



  13. Links 20/5/2015: Containers, OpenStack, and EXT4 Corruption

    Links for the day



  14. The PATENT Act, Distraction of Trolls, and Lobbying for Software Patents by Protectionists

    Only large corporations and their lawyers are able to formally change the US patent system through public officials and politicians, despite recent rulings from very high courts



  15. Corporate Media and Friends of Microsoft Are Still Lying About the Cost of Vista 10

    In a desperate effort to beat operating systems that are Free (libre) and free (gratis), such as GNU/Linux or Android, Microsoft shores up the illusion of 'free' (gratis) Windows



  16. Links 19/5/2015: Linux 4.1 RC4, Thunderbird 31.7.0, OpenStack Event

    Links for the day



  17. Links 18/5/2015: Russia Chooses Jolla, Many New Distro Releases, Meizu Devices

    Links for the day



  18. Even Converting an Image to Greyscale is Now a Patent

    Simple mathematics becoming patented as Fujifilm claims 'ownership' of photographic conversion to greyscale



  19. Grooming of the World's Biggest Patent Troll, Nathan Myhrvold of Microsoft and Intellectual Ventures

    UCLA and Microsoft-linked media are framing big thugs as heroes, doing a great disservice to both academia and journalism



  20. The EPO's Fight to Bring Software Patents Into Europe is One Step Closer to a 'Victory' (for Multinationals)

    Opposition to the Unified Patent Court (UPC) is being crushed and Italy is one of the latest actors to have fallen in the battle



  21. Microsoft's 'Former' Staff Continues With His Anti-Google Rhetoric at CBS

    A Microsoft intern, who has moved on to journalism, is still showing his affinity for Microsoft with apologetics and spin



  22. More of Microsoft's False Claims About Cost of Vista 10 and More Layoffs

    Vista 10 is still being marketed using lies and Microsoft may be going down the same route as Nokia



  23. Microsoft Remotely Bricks -- Intentionally -- Xbox One

    Microsoft is showing off its kill switches, kills consoles of people whom it doesn't like



  24. IRC Proceedings: May 3rd - May 16th, 2015

    Many IRC logs



  25. Links 17/5/2015: NuTyX Saravane 15.05, Panasonic and Firefox OS

    Links for the day



  26. Links 16/5/2015: MAME Free Software. Rust 1.0, New Wine

    Links for the day



  27. Links 15/5/2015: GNOME 3.16.2, GNU Guix 0.8.2

    Links for the day



  28. Links 15/5/2015: Skrooge Releases, Linux 3.14.42, Linux 3.10.78

    Links for the day



  29. "VENOM" FUD Attack -- Like "Heartbleed" FUD Attack -- Linked to Microsoft

    Why CrowdStrike™ is motivated to smear Free software and establish a stigma of insecurity in Free software-based virtual machines/'clouds'



  30. Spinning Microsoft's Inability to Sell Windows (or Office) as a Strength

    The 'cloud' mindset, which is promoted by surveillance fanatics, increasingly used to pretend that Microsoft has a bright future, despite declining sales


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