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

12.15.11

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 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

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.

What Else is New


  1. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  2. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  3. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  4. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  5. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  6. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  7. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  8. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  9. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  10. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  11. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  12. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  13. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  14. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  15. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  16. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  17. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  18. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  19. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  20. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  21. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  22. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  23. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  24. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  25. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO



  26. Windows and Microsoft's Other 'Burning Platforms'

    It's not just Windows for phones that's reaching minuscule market share levels but also Windows, but Microsoft is skilled at hiding this (cannibalising Windows using something people do not even want, then counting that cannibal, Vista 10)



  27. Links 24/5/2016: CRYENGINE Source Code is Out on GitHub, Jono Bacon Leaves GitHub

    Links for the day



  28. Links 23/5/2016: GNOME 3.22, Calculate Linux 15.17

    Links for the day



  29. 'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

    Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)



  30. The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

    look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)


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