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. More Microsoft Subsidies to Patent Troll Intellectual Ventures

    Microsoft hands money to Bill Gates' close friend who is the world's largest patent troll



  2. Aiding Microsoft Under the Disguise of 'Pro-FOSS'

    Not everything which is FOSS necessary becomes, by virtue of existence, a positive contribution, as we are constantly reminded by projects that help proprietary software and/or restrictions get a strong grip on FOSS



  3. Links 16/4/2014: Red Hat PR, Ubuntu LTS Imminent

    Links for the day



  4. Links 15/4/2014: Lots of PCLinuxOS Releases, Ukraine Updates

    Links for the day



  5. Apple and Microsoft Actively Lobbying Against Patent Reform in the US

    Apple and Microsoft are reportedly intervening/interfering with US law in order to ensure that the law is Free/libre software-hostile



  6. Lawsuit by Microsoft Shareholder Targets Fine for Crimes Rather Than the Crimes Themselves

    A new lawsuit by a Microsoft shareholder shows everything that's wrong with today's model of accountability, where those who are responsible for crimes are accused of not avoiding fines rather than committing the crimes



  7. Public Institutions Must Dump PRISM-Associated Software

    Another reminder that taxpayers-subsidised services should refuse, as a matter of principle, to pay anything for -- let alone deploy -- proprietary software with back doors



  8. GNU/Linux News: The Opportunities Amid XP EOL

    Links for the day



  9. Microsoft Gets Its Money's Worth From Xamarin: PlayStation 4 Now Polluted by Microsoft

    The Trojan horse of Microsoft, Xamarin, is pushing .NET into Microsoft's console competitor



  10. After Brendan Eich Comes Chris Beard

    Having removed Brendan Eich using bullying and blackmail tactics, his foes inside Mozilla achieved too little as we have yet another man (coming from inside Mozilla) acting as CEO



  11. Healthcare News: Free Software in Health, Humanitarian Causes

    Links for the day



  12. Links 14/4/2014: MakuluLinux, Many Games, More Privacy News and Pulitzer Prize for NSA Revelations

    Links for the day



  13. TechBytes Episode 87: Catching up With Surveillance (NSA, GCHQ et al.)

    The first audio episode in a very long time covers some of the latest happenings when it comes to privacy and, contrariwise, mass surveillance



  14. Server News: KVM, ElasticHosts, Other GNU/Linux Items, and Open Network Linux

    Links for the day



  15. Hardware News: Freedom, Modding, Hackability on the Rise

    Links for the day



  16. Distributions News: GNU/Linux Distros

    Links for the day



  17. GNOME News: Financial Issues, Mutter-Wayland, West Coast Summit, Community Participation

    Links for the day



  18. KDE News: Kubuntu at the Centre Again KDE Applications Updated

    Links for the day



  19. Techrights Rising

    Effective immediately, Techrights will do what it takes to bring back old volume and pace of publishing



  20. Links: Surveillance, Intervention, Torture and Drones

    Links for the day



  21. Mobile Linux Not Just Android: Jolla, WebOS, and Firefox OS News

    Links for the day



  22. Google's Linux Revolution: New Gains for Android, Chrome OS (GNU/Linux)

    Links for the day



  23. Free/Libre Databases News: MongoDB, NoSQL, and MySQL Branches/Forks

    Links for the day



  24. Open Access on the Rise: Textbooks, Journals, Etc.

    Links for the day



  25. Finance Watch (Watching What's Not Being Watched): Economic Warfare/Class Injustice

    Links for the day



  26. Climate and Ecology Watch: News About a World Being Destroyed

    Links for the day



  27. Copyright News: DRM, Censorship, Megaupload, Hypocrisy, and Impact on the Internet

    Links for the day



  28. Sharing Works: Latest News Stories About Crowd-sourcing, Sharing, Transparency

    Links for the day



  29. Links 12/4/2014: Games

    Links for the day



  30. Links 12/4/2014: Applications

    Links for the day


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