12.15.11

Gemini version available ♊︎

Apple’s Patent War on Linux Turns Back Against Apple, Which Allegedly Resorts to Using Patent Trolls

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 7:03 pm by Dr. Roy Schestowitz

SD

Summary: Apple’s aggressive moves against Linux-powered phones/tablets end up putting Apple’s business at risk and Apple is seen paying trolls, possibly with ill intent

THE behaviour of Apple has become increasingly relevant to us because Apple attacks Free/Open Source software.

The patent hoarding of Apple is further exacerbated with additions that are later being used to block sales of Android devices. There is reactionary motion to ban Apple devices as means of deterrence and the outcome can be serious for Apple’s business.

Ironically, the fight which was started by Apple does not turn out too well, at least not in the conventional way.

As we showed a couple of days ago, it is now Apple that risks embargo. In an article from Steven J. Vaughan-Nichols he labels this “revenge” and notes that:

A German court has just issued a preliminary injunction on Motorola’s behalf that blocks European sales of all Apple’s 3G-enabled devices.

A Microsoft booster helps show that Apple is additionally hurting open standards with its software patents. To quote:

Opera developer Haavard Moen has accused Apple of repeatedly using patents to undermine the development of Web standards and block their finalization.

World Wide Web Consortium (W3C), the industry group that governs and oversees the development of Web standards, requires that every specification it approves be implementable on a royalty-free basis, barring extraordinary circumstances that justify an exception to this rule. The specifications can contain patented technology, as long as royalty-free patent licenses are available.

Nilay Patel, who previously (as in this case) spread anti-Android (and thus Apple-sympathetic) messages through boosters who had helped Microsoft lobbyists, seeds this story, which goes along the lines of “Samsung did not play nice with Apple”. Meanwhile, “Apple appears to have entered an unusual deal with a company commonly referred to as a patent troll.” Ars Technica writes:

Apple may be using patent troll to do its legal dirty work

It appears that Apple has made a deal with patent troll Digitude Innnovations to help the company’s efforts to sue nearly every major mobile device maker. Digitude earlier this month launched one of its first legal attacks against Nokia, RIM, Motorola, HTC, LG, Samsung, Sony, and even Amazon, filing a patent infringement claim with the International Trade Commission. Conspicuously absent from that list is iPhone maker Apple, which until late November owned two of the patents being used to target “certain mobile devices” from its competitors.

We have already seen Microsoft using patent trolls as proxies in attacks on Android, so let’s keep an eye on this. Apple is desperate to block Android because its core business may depend on it. Apple previously paid the world’s biggest patent troll.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

8 Comments

  1. Michael said,

    December 15, 2011 at 7:52 pm

    Gravatar

    Please show a shred of evidence to support your claim the battles were started by Apple.

    Just a shred… would be more than you have shown so far.

  2. Charles Oliver said,

    December 15, 2011 at 9:37 pm

    Gravatar

    Hmm, I thought it was generally well known that Apple was the original aggressor in the current spate of court cases. There’s a nice Steve Jobs quotes on that, to paraphrase: crush Android, competition bad, thermonuclear underpants.

    In the end though the patent system is all bad. Apple and Microsoft might be an investors in Intellectual Ventures, the patent troll par excellence, but then so is Google.

    Apple might spin out a patent troll company but then Google will probably do the same via Motorola Mobility (if they don’t, they leave Apple with an advantage).

    In the end nothing will crush Android, so Apple are maybe only protecting short term profits with their attempt to slow Android dominance.

    It is interesting that a company started by a couple of hippies is such a corporate cupcake these days. Pity really. I think Apple and Microsoft have done good stuff in the past. Ok they might have bought a lot of the stuff that they are known for but Google bought Android.

  3. Charles Oliver said,

    December 15, 2011 at 9:53 pm

    Gravatar

    Oh yeah, Apple is King Canute* trying to hold back the tide of Android.

    * Actually Canute was trying to prove that there are limits to power but that’s not how it’s portrayed, mostly**.

    ** If repeated enough a falsehood can seem to ring true, like “Windows works better” or “Chrome is more secure than Firefox”***.

    *** Of course that Asus campaign was maybe penance exacted by Microsoft for the original EEEPC, and Google paid for the research that shows Chrome is the most secure browser ****

    **** obviously picked up a trick from the IE bag * <- infinite loop.

  4. Michael said,

    December 15, 2011 at 9:54 pm

    Gravatar

    Hmm, I thought it was generally well known that Apple was the original aggressor in the current spate of court cases. There’s a nice Steve Jobs quotes on that, to paraphrase: crush Android, competition bad, thermonuclear underpants.

    Let us look at the history… what came before Samsung’s undeniable copying of Apple?

    As far as I know that was the start between Samsung and Apple… though Google’s copying of iOS might be considered the start as well.

    In the end though the patent system is all bad. Apple and Microsoft might be an investors in Intellectual Ventures, the patent troll par excellence, but then so is Google.

    I agree there are massive problems with the patent system – but what other than patents protects an innovative company from the type of behavior Samsung has shown?

    Apple might spin out a patent troll company but then Google will probably do the same via Motorola Mobility (if they don’t, they leave Apple with an advantage).

    I do not pretend to understand all of the details of these patent wars – and I certainly do not hold Apple blameless. Nor Google. Sounds like you pretty much agree… where Roy just focuses on attacking Apple and Google. That is one of the things I argue against.

    In the end nothing will crush Android, so Apple are maybe only protecting short term profits with their attempt to slow Android dominance.

    I tend to agree… and do not know what their long term strategy is. One good thing to come from this is both Apple and Google are being pushed to innovate… for now it seems Apple is (overall) ahead but Google is not standing still.

    It is interesting that a company started by a couple of hippies is such a corporate cupcake these days. Pity really. I think Apple and Microsoft have done good stuff in the past. Ok they might have bought a lot of the stuff that they are known for but Google bought Android.

    I think there is room for all three companies in the mobile space… and think the competition is good for all of us.

    The problem I see is where to draw the line from being inspired by the competition – which is natural and good – and out and out copying the competition which is clearly wrong. Apple thinks Google crossed the line… maybe they did and maybe they did not. Samsung, however, clearly did – as the links above so clearly show.

  5. walterbyrd said,

    December 15, 2011 at 11:13 pm

    Gravatar

    > “Let us look at the history… what came before Samsung’s undeniable copying of Apple?”

    “Undeniable” my ass. The JooJoo/crunchpad had rounded corners, and a flat screen, and it had a prototype out before the iPad.

    Aside from those “ideas” not being from Apple to begin with, the ideas are laughably frivolous.

    What other ideas did Apple “re-invent?” How about color icons, and kinetic scrolling?

    Apple is clearly trying to restrain free trade with a series of frivolous IP lawsuits.

    Michael Reply:

    “Let us look at the history… what came before Samsung’s undeniable copying of Apple?”

    “Undeniable” my ass. The JooJoo/crunchpad had rounded corners, and a flat screen, and it had a prototype out before the iPad.

    I was not clear: undeniable to rational people. I posted the evidence.. and said nothing about rounded corners or flat screens. Look at the evidence. I showed it to you. If you have something showing contrary evidence I would love to see it.

    Aside from those “ideas” not being from Apple to begin with, the ideas are laughably frivolous.

    Again, I am talking about the evidence, not your wishes. If you have evidence please show it.

    What other ideas did Apple “re-invent?” How about color icons, and kinetic scrolling?

    Apple completely re-invented the phone and then the tablet. Nobody was doing what they were before them. Look at the reports when it first came out.

    Apple is clearly trying to restrain free trade with a series of frivolous IP lawsuits.

    If you have evidence of this – something to counter what you have been shown – then please show it. Without that you are speaking of your wishes and not of what the evidence shows.

  6. mcinsand said,

    December 17, 2011 at 8:11 pm

    Gravatar

    Apple started it, with that garbage design patent on rounded corners, among others. As we get to read more of these examples, we see how corrupted the patent system has become. After Apple and MS have so sleazily, dishonestly intimidated the markets with patents that no-one knowledgeable in the art would have filed as novel, I certainly feel no sympathy for them. In the end, though, they might well become allies; they may have loved software patents when they thought they could suppress innovation and competition, but they may well use reserves to fight against software patents in the end. FOSS now has significant backers, so this isn’t like the old days when the duopoly could run a small company out of business with legal defense fees.

    Woo-hoo! I do hope this is the start of Apple and MS getting what they deserve! Their efforts to exerminate choice might be exterminated, after all!

    Michael Reply:

    Apple started it, with that garbage design patent on rounded corners, among others.

    That happened *after* Samsung had already done what you have shown:

    For Apple’s lawsuit to have started it, Apple would need to have a time machine to somehow have started it before that which the lawsuits were a reaction to. Now while Apple’s backup solution is called “Time Machine”, I assure you it is not a real time machine that allows your claim to be accurate.

    In other words: you are claiming that something that happened *after* the start of the battle is the start.

    As we get to read more of these examples, we see how corrupted the patent system has become.

    Oh, it is horribly broken… and Apple has been pushed to make some rather odd claims as they use this broken system. As have others. No doubt.

    After Apple and MS have so sleazily, dishonestly intimidated the markets with patents that no-one knowledgeable in the art would have filed as novel, I certainly feel no sympathy for them.

    This is not about your emotional reaction, “sympathy” as you say. I am looking at this rationally – and the evidence is clear: when your “first” act is proceeded by a obviously “sleazy” behavior by Samsung, then it is Samsung who acted first and Apple which *reacted*. You do not like the reaction. So be it.

    In the end, though, they might well become allies; they may have loved software patents when they thought they could suppress innovation and competition, but they may well use reserves to fight against software patents in the end. FOSS now has significant backers, so this isn’t like the old days when the duopoly could run a small company out of business with legal defense fees.

    There is no “duopoly”. Roy made that up.

    Woo-hoo! I do hope this is the start of Apple and MS getting what they deserve! Their efforts to exerminate choice might be exterminated, after all!

    Elimination of choice? You made that up, too.

    When you simply make things up such as some imaginary “duopoly” and some fictitious person or group who is against choice, you severely hurt your own credibility.

DecorWhat Else is New


  1. IRC Proceedings: Friday, January 28, 2022

    IRC logs for Friday, January 28, 2022



  2. Links 28/1/2022: GStreamer 1.20 RC1 and DXVK-NVAPI 0.5.2

    Links for the day



  3. Microsoft Staff Trying to Subvert the Freedom of Gemini (Without Disclosure of the Paymaster)

    Looking back at the past couple of years, it seems like Microsoft staff and boosters were more than eager to steer developers away from freedom and into Microsoft's cage



  4. Gemini Gone Mainstream: German Media Now in Geminispace

    With the likes of TAZ embracing Geminispace/Gemini Protocol we seem to have reached some sort of inflection point; taz.de did in fact add official presence to Geminispace



  5. Links 28/1/2022: LSFMM 2022 and 2021 UI Study Results From Elementary's Distro

    Links for the day



  6. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  7. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  8. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  9. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  10. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  11. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  12. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  13. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  14. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  15. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  16. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  17. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  18. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  19. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  20. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  21. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  22. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  23. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  24. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  25. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  26. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  27. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  28. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  29. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  30. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day


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

Recent Posts