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

01.16.12

CPTN (Microsoft, Apple, Oracle) Attack on Android Faces New Setbacks

Posted in Apple, Courtroom, GNU/Linux, Google, Microsoft, Oracle, Patents at 11:03 am by Dr. Roy Schestowitz

Crocodile attack

Summary: Microsoft’s extortion of Android leads to passage of patents to Google, Apple loses its cases against Android, and Oracle too is gradually losing the argument against Dalvik

WE recently addressed the transfer of patents from OIN member IBM to OIN member Google (it is reported on as though it’s a sale) and we continue to see this sort of arms trade being done under a cloak of secrecy. One conspiracy against another, eh? To quote this new example:

Cryptography Research, Inc. (CRI), a division of Rambus, Inc., and CPU Technology, Inc. have signed a patent license agreement regarding the use of CRI’s patented innovations in CPU Tech products. This agreement covers the use of CRI’s patented countermeasures to differential power analysis (DPA) attacks for CPU Tech’s tamper-resistant products, including the Acalis® family of secure processors. This license also covers software developed by CPU Tech customers when executing on licensed CPU Tech chips.

These are software-related deals that involve submarine patents. Rambus, the company behind all this, is an atrocious aggressor [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. In many ways, years ago we compared the practices of Rambus to those of Microsoft, which no longer makes stuff that can sell; instead, Microsoft wants to compel people to pay up for something they do not want and never chose. Right now Microsoft is trying to force buyers of Android phones to pay Microsoft for a “licence” and LG signed the latest deal of this kind. Here are some interesting observations or theories from Muktware:

Is Android Part Of Microsoft’ Windows Phone License?

[...]

Let’s see what Microsoft deputy general counsel Horacio Gutierrez has to say, “We are pleased to have built upon our longstanding relationship with LG to reach a mutually beneficial agreement.”

This statement is very important: “built upon our longstanding relationship”. If we look at Microsoft’s Android deals you will notice a pattern. Microsoft has succeeded in cracking deals with those players who are already Microsoft customers. Samsung, LG, HTC are all Microsoft partners as they use Microsoft OS in their devices. Why is Microsoft not excited about telling the world that their ‘longtime partners’ Samsung, LG or HTC will be putting Windows on their phones? Because, the Android deals could very well be the Windows deals painted as Android deals.

Here is a hypothetical scenario:
Microsoft Executives to LG: “We want you to commit to putting Windows Phone OS on x number of your devices. If you do commit that we won’t raise any Linux patent issues. In fact with Windows Phone License you will also get Android protection.”

What will LG do? Its a win win situation for them. They are getting Android protection for free with Windows phone license. Why will they even consider raising issues about patents.

Now how to hide the fact that it was a Windows phone deal, ‘sign an NDA’ so that the rest of the world won’t know the reality.

Ghabuntu explains why Microsoft’s WP7 is failing and notes that:

5. The OEMs just love Android: Why? Because it gives them the power to differentiate themselves completely from their competitors. Given its open nature, it is always easy and safe to model Android into anything one can think of, an example being what Amazon did with it on its Kindle Fire tablets. Which company would not love such an offering? It’s little wonder that even the home pages of almost all the device makers readily feature Android phones, with WP7 a few clicks down the menu. I don’t know the extent of customization Microsoft allows the OEMs, but it sure will not be on the scale Google gives them with Android.

Dr. Moody explains why on tablets too it is Android which is likely to win:

You don’t have to be a marketing genius or industry pundit to foresee that tablets will be an extremely hot sector in 2012. The launch of Apple’s iPad in 2010 largely defined the category, just as the launch of the iPhone defined a new kind of smartphone in 2007; in 2012 we will probably begin to see Android tablets start to gain major market share just as Android smartphones have done this year.

Currently, the tablet is something of a cross between the hipster tech toy of choice and a trivially easy-to-use computing device for couch potatoes. But those early sectors are incidental to the tablet’s real potential to revolutionize education, particularly in emerging economies.

The devices are perfect: they are compact, connect to the Net wirelessly, run off battery power for hours and can be used by children and adults alike with little or no training. There’s just one problem, of course: the typical tablet’s high-end pricing – hundreds of dollars – places it so far out of reach for most of the world’s population that it might as well not exist for them. That is what makes India’s Aakash tablet – basic cost around $50, but only $37 for Indian students thanks to a government subsidy – so remarkable, and so important.

For those who think that Apple can just sue Android out of existence, here is some news [1, 2, 3] that should worry Apple because “[t]he US International Trade Commission (ITC) has ruled against Apple in its patent suit against rival mobile vendor Motorola.”

The CPTN members (Novell patents) just cannot seem to keep Android away, no matter the number of lawsuits they launch along with predictions (FUD) of doom and gloom. As Mr. Pogson shows:

It’s always fun to see the school-yard bully take his lumps:

* ITC: Motorola does not violate Apple patents
* Oracle v. Google – Rock, Meet Hard Place
* Barnes & Noble Opposes Microsoft’s Motion for SJ on Patent Misuse Defense ~pj

Here is the latest from Groklaw: [via]

Judge Alsup is also not buying Oracle’s minimalist argument on how long the trial will take. He says it will be a two-month trial. And a possible date for the trial is a moving target because the rest of Judge Alsup’s docket continues to fill up, i.e., other trials continue to be calendared, further delaying the scheduling of this trial.

Of course, a further delay has the added impact of allowing the reexaminations before the USPTO to run their course, and the last we looked those reexaminations were not favoring Oracle.

Rock, meet hard place. In the other filing of the day we see Google’s (final) supplemental brief [PDF; Text] in support of its Motion in Limine No. 3 – the motion to exclude portions of the Cockburn report. Although this brief is not particularly timely (for us as readers) given that Judge Alsup has already ruled on the matter, it is noteworthy with respect to the main thrust of Google’s argument, i.e., challenging Oracle for continuing to ignore the actual Google arguments and trekking off on unrelated and irrelevant matters. No doubt we have seen this behavior before by Oracle counsel, but what reinforces it in this instance is the fact that Judge Alsup recognizes the Oracle behavior himself. Thus, the ruling against Oracle on the Cockburn report.

However, Google goes even further in this brief. Google argues that Cockburn never investigated or understood the real deal on the table between Sun and Google back in 2006. In a supplemental filing Google provides a Sun slide presentation [PDF] on the discussions, and it is fascinating. It would appear from the presentation that Sun wanted the deal with Google badly. It is also clear that the deal on the table would have been Java compatible, thus undercutting the fragmentation argument that Oracle keeps making to support a higher damages claim.

Oracle has other ongoing patent cases based on this new report:

JDA Software powered its way through 2011 to post decent financial numbers despite the legal battles it fought with Oracle over patent infringements and a lawsuit it inherited with the acquisition of i2 in August 2010.

We keep insisting that Oracle may have attacked Android because Steve Jobs is Larry Ellison’s best friend. Oracle, Apple, and Microsoft are all CPTN members, which ties it all together with Novell and its sellout again. We were right all along about those patents.

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

What Else is New


  1. Links 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  2. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  3. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  4. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  5. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  6. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  7. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  8. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  9. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  10. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  11. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  12. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  13. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  14. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  15. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  16. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  17. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  18. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  19. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  20. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  21. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  22. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  23. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  24. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  25. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  26. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  27. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  28. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  29. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  30. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users


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