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

No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026