Bonum Certa Men Certa

Lodsys, Microsoft Patent Trolls, Apple, and Microsoft Nemesis

[written in 05/12/2011]

Halloween



Summary: A view on the arena where Android is targeted by Apple, Microsoft, and trolls who are associated with them

THE patent situation affects GNU/Linux more than it affects most operating systems because of the cost and distribution aspects. We have stressed this point for years.



Over at Groklaw, an analysis was published this month to keep track of Lodsys, which had sued Android developers among others. It used patents from Microsoft's patent troll, Intellectual Ventures.

"Things continue to progress slowly on the Lodsys front," explains Prof. Webbink, "At this time all of the declaratory judgment actions brought in the Northern District of Illnois against Lodsys have been closed, with several of them having transferred to the Eastern District of Wisconsin. In addition, DriveTime has dismissed its declaratory judgment action against Lodsys in Arizona. With those changes all of the pending cases are now in either the Eastern District of Texas (the infringement actions brought by Lodsys) or the Eastern District of Wisconsin (the declaratory judgment actions brought against Lodsys) with the one outlier being the declaratory judgment action brought by ESET against Lodsys in the Southern District of California."

There have already been stories of companies that pay Lodsys to go away, pretty much as a Microsoft lobbyist foolishly advised. if the patent troll gets fed, it will never go away.

It ought to be noted once again that iOS (Apple) developers are among those which Lodsys was suing. Apple did not explain to those developers that some of the patents came from a troll which Apple had helped fund. Apple does not seem to mind patent trolls and Apple itself "Demands Recognition As A Patent Troll," to use Pogson's headline. He showed this article about Apple's war to embargo Linux/Android devices. To quote: "Some fools still have this delusion that software patent and product design wars have something to do with some mythological real value of intellectual property (IP). While there are indeed cases involving a better mouse-trap, most such cases are about nothing but extorting cash from people who create real products, or, in the case of Apple vs. Samsung, Apple trying to preserve its market share against a would-be competitor.

"Apple makes great products, but you wouldn’t know it from the way it’s attacking Samsung. Rather than let the marketplace decide whose products are better, Apple wants the courts to decide. Specifically, Apple is slugging it out with Samsung in a minimum of 19 lawsuits in 12 courts in nine countries on four continents.

"Let that sink in for a minute. Apple is trying to use intellectual property law as a bludgeon around the world to protect its sales."

Techrights was never a friend of Apple because nobody ought to be a friend of a company that disrespects fair competition, presents fake 'evidence' to the court (in an attempt to block sales of Linux-powered devices), and generally disregards the law whenever something does not comply with its cult doctrine.

Not so long ago we found Apple firing an employee for 'daring' not to fancy Apple's products and in an update on the resultant saga we discover that "Apple has been upheld for sacking one of its employees after he posted negative comments about the firm and its products on Facebook. Apple specialist Samuel Crisp was fired from his job for writing a series of posts on Facebook about the company and its products. An employment tribunal ruled in favour of Apple after Crisp appealed what he alleged was an unfair dismissal."

What a nice company, eh? But let's not forget Microsoft, either. Microsoft's extortion of Android hit the brick wall when B&N fought back. Based on some articles, "Barnes & Noble has hired David Boies to join its legal team in a fight with Microsoft at the US International Trade Commission over alleged Android patent infringements.

"Boies, chairman of the Boies, Schiller & Flexner law firm, represented the US Department of Justice back at the turn of the millennium in its successful antitrust case against Microsoft, and his sustained questioning of senior executives such as Bill Gates was regarded by many as significantly damaging to Redmond’s cause."

Gates was bobbing back and forth like a demented child the last time this man did his thing. When people commit crimes and think they can get away with it (racketeering is one of them) it takes a bold group of people in an insular room (no PR and press) for truth to come out under pressure. Gates is busy buying himself a new image, but the legacy he puts in patent lobbying and trolls should also come out for all to see. Sooner or later justice might be served. Groklaw has some analysis related to the news:

Google's filing is eye-opening. It seems Microsoft is trying to compel Google to respond to a very broad subpoena. Google is not a party to this ITC matter or the litigation. Microsoft's motion "goes far beyond the threshold for reasonable third-party discovery in Section 337 investigations," Google says. What is it that Microsoft is asking for? -- information concerning Google's "strategies for responding to Microsoft's patents and patent infringement claims."


It is good to see Google and others finally fighting against Microsoft's behaviour. The European regulators are meanwhile investigating Apple's behaviour, so there's a glimmer of hope. More up-to-date information will be posted this week.

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled