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

12.21.11

Latest Patent Attacks on Linux/Android and Why They Matter

Posted in Apple, Microsoft, Oracle, Patents at 11:20 am by Dr. Roy Schestowitz

Multinational proprietary cartel taking turns in Linux smackdown

Volley

Summary: Updates on the Oracle, BT, and Apple actions against Android

FOLLOWING some delays at the US-based embargo agency known as ITC, the word came out about yet another example of anti-competitive tactics, this time from Apple. This affects Linux/Android in a very concrete way as we shall explain in this post.

“All that proprietary giants like Apple and Microsoft can do is throw patents at the ‘problem’ and occasionally use some patent trolls from the outside, adding wood to the fire.”As a bit of background, consider the fact that Linux/Android is gaining in the mobile market and figures from yet more analyst groups say that the same is about to happen on tablets. All that proprietary giants like Apple and Microsoft can do is throw patents at the ‘problem’ and occasionally use some patent trolls from the outside, adding wood to the fire. Steve Jobs’ close friend, Larry Ellison, sure throws a lot of lumber into this fire, but it gradually backfires. One patent at a time, Oracle’s case against Google is disintegrating. One ally of Microsoft, BT, is also throwing some wood into the fire with this new patent lawsuit that runs to the core. The British press wrote a lot about it, whereas, putting Bill Gates-funded publications aside, here at Techrights we wrote about BT for years, also in relation to patents and its relationship with Microsoft (I also wrote about BT in my personal blog [1, 2, 3, 4]). We basically saw that coming. Here are the latest details:

British Telecom is claiming billions of dollars of damages from Google in a lawsuit filed in the US which says that the Android mobile operating system infringes a number of the telecoms company’s key patents.

What motivated BT to sue? The company knows it is bad for PR, but perhaps causing damage to Android/Google was of interest and priority. BT would not have done this to Microsoft/Windows. Remember how hostile Nokia became towards Android after Microsoft had infiltrated it. Patent aggression became part of it and clues of it persist in existence. Apple and Nokia opposed open/free Web video and Apple paid Nokia, only to further harm the Web:

Apple has been garnering quite a reputation for itself as a patent bully, for example using patents around the world in an attempt to stop Samsung competing in the tablet market, and bolstering patent trolls. But that’s not enough for the company, it seems: now it wants to use patents to block open standards.

So much for innovation, eh? As this legal fight between Apple and Samsung continues we learn that:

KOREAN ELECTRONICS GIANT Samsung has entered more claims against Apple in their patent battle in Germany.

The two firms are locked into a war over software and hardware patents and are taking their battles to courts across the globe.

According to Reuters Samsung has filed additional claims in Germany that allege four more patent infringements in the ongoing case there. A spokesperson confirmed this to the news agency.

Remember that Apple started this whole feud.

The ITC, which based in the US, harms companies from Asia at Apple’s behest (yet again) and Rupert Murdoch’s press says that “Apple Ruling Hits Android” (remember that Murdoch and his press hate Google [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13] and embrace DRM/Apple):

…it found that some HTC smartphones using Android violated only two claims of one Apple patent related to extracting information such as phone numbers from emails and doing something with the information, such as making a phone call. That invention, sometimes described as covering “data tapping,” allows users to grab data embedded in an unstructured form, like an address, and use it in another phone application, such as mapping.

This patent is a joke. It’s about software patents again. Groklaw has this to say:

We often hear a comparison between the cold war and the large accumulation of patents and their use in the information technology sector. Terms like “mutually assured destruction,” “throw weight,” and others have been in vogue for some time. But I have often viewed the actions of some large IT players and their assertions of infringement of trivial patents as being more akin to sprinkling nails on the highway. That is, just like a driver in a race throwing nails on the road to puncture the tires of following competitors, some of these large patent holders sprinkle their trivial (and worthless?) patents around to slow down their technology competitors. That’s my view of what Apple has been doing of late, particularly in its action before the International Trade Commission against HTC.

Apple innovation means embargo and unfair competition. Against Monopoly called it “another example of why we need to get rid of patents on software.” Android Guys shrugs it off by saying that the “victory means little” because:

So what exactly does this mean for U.S. users? Well, nothing really…

Actually, we beg to differ because unless this systemic malfunction is addressed, customers and developers will continue to suffer. Tyrants and lawyers are taking over the industry. It’s a class war between power/greed and labour. The corporate press — Murdoch’s included — almost always takes the side of tyranny. The Wall Street Journal, for instance, exists around greed. It helps the paper-pushers beat producers.

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

4 Comments

  1. walterbyrd said,

    December 21, 2011 at 4:23 pm

    Gravatar

    I enjoyed this recent discussion on slashdot:

    Apple Patents Using Apps During Calls
    “Apple has had quite a week in patents for the iPhone, and it’s only Tuesday. First was the victory at the International Trade Commission over HTC. And now there’s a shiny new patent on switching to an app during a live phone call (#8,082,523). There may be non-infringing ways of doing something similar, but they probably will be clumsy in comparison.”

    http://apple.slashdot.org/story/11/12/20/2343258/apple-patents-using-apps-during-calls

    Slashdotters were quick to point out tons of prior art, not that it matters to Apple.

    Dr. Roy Schestowitz Reply:

    Thanks, I was going to save this one for a separate post.

    walterbyrd Reply:

    Cool, here’s another related story just posted on slashdot (It’s like, every time you turn around, MS and Apple are filing more BS patents, and more BS lawsuits):

    ITC Judge: Motorola Mobility Infringed Microsoft Patent

    “An International Trade Commission judge has issued a preliminary ruling that Motorola Mobility infringed one of Microsoft’s patents. The disputed patent covers storing a meeting request on a mobile device, and was rejected by the European Patent Office as being ‘obvious.’ The judge also ruled that six other Microsoft patents were not being infringed. Experts say that this will strengthen Microsoft’s hand in collecting patent fees on Android. Microsoft recently claimed that it now collects patent fees on over half of all Android devices sold.”

    http://yro.slashdot.org/story/11/12/21/2344202/itc-judge-motorola-mobility-infringed-microsoft-patent

    Dr. Roy Schestowitz Reply:

    Thanks, I saw this one as well, but in another context. I have tons of patent news to catch up with (over 2 weeks’ worth).

What Else is New


  1. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  2. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  3. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  4. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  5. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  6. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  7. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  8. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  9. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  10. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  11. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  12. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  13. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  14. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  15. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  16. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  17. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  18. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  19. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  20. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  21. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  22. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  23. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  24. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  25. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  26. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  27. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  28. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  29. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  30. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger


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