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. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  2. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  3. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  4. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  5. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  6. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  7. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  8. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  9. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  10. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  11. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  12. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  13. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  14. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  15. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  16. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  17. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  18. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  19. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  20. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  21. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  22. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  23. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  24. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  25. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  26. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  27. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  28. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  29. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  30. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO


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