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

01.23.12

Patents Roundup: Windows Declining, Microsoft and Apple Attack Linux

Posted in GNU/Linux, Google, Patents at 6:37 am by Dr. Roy Schestowitz

Reflections

Summary: Patent stories that mostly relate to Android and its competitors

THE sales of Windows continue to decline as Linux-based platforms gain traction (notably Android).

As Tim points out, Microsoft trolls just attack messengers now and moreover:

Microsoft Advocates who infest the newsgroups, who engage in personal attacks and vile insults claim that the desktop is still alive and well! They claim that the tablet form factor is not what the mainstream consumer is wanting! – The reality though outside the wibbly wobbly world of Microsoft Advocacy is very different and I think the trend away from the desktop form factor by the mainstream consumer will continue. As for Windows and the latest “great” version (8), I think by the time it finally flops onto the market, people will have already settled on the plethora of more mature alternatives leaving Microsoft languishing in a Windows Phone 7 market share hell.

Microsoft is resorting to the use of patents in this age of software patents boosting; those parasites are extorting those who do sell (at Windows’ expense) and Mr. Pogson tried to find some numbers:

Much has been written on the web about M$’s taxation of Android/Linux but M$ mentions little but lawsuits in its recent 10-Q report. In fact, there we read, “there are approximately 60 other patent infringement cases pending against Microsoft.” Nowhere is there a number showing revenue from royalties levied on Android/Linux. While noting the risk of consumers buying gadgets not running M$’s stuff M$ never mentions royalty income from those gadgets. It must not be substantial because hundreds of millions of units running Android/Linux were sold but royalty revenue by M$ was not enough to prevent a decline in revenue by their client division.

We reckon that many of Microsoft’s patent deals put a small tax only as symbolic as Microsoft needs for them to provide FUD. But patent trolls and proxies like MOSAID are then being sent to push further up the price of Linux/Android. That’s their goal. It’s about destroying the economic advantage of Android, more so than to be a Microsoft cash cow.

We have two options now; one is for Microsoft to be nailed for creating an anti-competitive conspiracy against Android; the other is to target the patent system that enables this to carry on. With more software patents being granted all the time in the US (e.g. this new roundup from Iowa) the problem is clearly getting worse; more and more ideas are being “stolen” from the Commons. IBM too seeks a patent monopoly on software. To quote one article about it:

According to the document, the patent covers “techniques for protecting a child user from inappropriate interactions within an immersive virtual environment” in which those actions may be determined by “examining characteristics of the interactions between a child and another user”, “by monitoring physical signs of stress in the child”, or “by receiving software commands given by the child to signal discomfort in a particular situation”. Once detected, the technology may take action by “notifying the parents of the child, altering the virtual world to end the interaction, or notifying authorities of the behavior of the other user.”

Here is a new post which demonstrates how messed up the USPTO is:

Aleks Yankelevich drew my attention to an interesting patent case Gore versus Garlock. The Federal Circuit court decided to reverse a lower court reaching the stunning conclusion that prior art doesn’t matter if it was kept secret. So if you invent something and keep it secret, someone else can patent it.

There are also some newer articles about items we mentioned before, such as this one from Microsoft:

Despite the fact that the word “ghetto” was not a part of the patent paperwork, the program has been nicknamed the “Avoid the Ghetto” app.

[...]

This has led to cries of racism and economic disadvantage for minority neighborhoods. Dallas branch NAACP President Juanita Wallace told CBS, “I’m going to be up in arms about it if it happens. Can you imagine me not being able to go to Martin Luther King Boulevard. because my GPS says that’s a dangerous crime area? I can’t even imagine that.”

For whatever reason Google is still being scrutinised while it is in fact a victim of litigation from Apple, Microsoft, and some of their front groups (CPTN, for example, includes Oracle too). To quote:

Regulatory reviews mean the purchase by Google is likely to close in 2012, Libertyville, Illinois-based Motorola Mobility said in November. Google plans to use Motorola Mobility’s more than 17,000 patents to protect supporters of its Android software in licensing and legal disputes with rivals such as Apple Inc. — and also move into the hardware business.

Here is another report about the Alcatel case we wrote about the other day:

SOFTWARE HOUSE Microsoft and Alcatel-Lucent have ended their patent lawsuit and told the judge that they have had enough.

The lawsuit has lasted ten years so it is perhaps through attrition that it has come to an end. Either way both parties asked US District Court Judge Marilyn Huff to dismiss all claims and just get over the whole business.

Last year we claimed that Apple and Microsoft were colluding against Android and Google validated this in the middle of the year. This new report too helps validate it even more:

If you were searching for Apple Inc. (AAPL)’s European patent lawyers on a Friday, you would have better luck looking in the German city of Mannheim than on the golf course or in a pub.

Judges in the southwest German city hold most patent hearings on the last day of the week and will issue rulings in smartphone disputes involving Apple, Samsung Electronics Co. (005930) and Motorola Mobility Holdings Inc. over four of the next five Fridays starting today. The city, along with Dusseldorf and Munich, has become the center of European patent litigation as companies seek quick rulings from German judges that influence courts throughout the continent.

“If you have a big multinational corporation setting up a patent litigation strategy for Europe, they will almost always sue in Germany,” said Rowan Freeland, a litigator at Simmons & Simmons LLP in London. “Maybe you add other countries as well, but if you have to choose, it’s almost certainly Germany.”

Mobile device makers filed dozens of cases in the three cities last year. Samsung today lost a patent-infringement suit filed against Apple in the Mannheim court. The judges also heard another suit between the two rivals. A hearing in two disputes between Motorola Mobility and Microsoft Corp. (MSFT) originally scheduled for this afternoon were postponed until next month.

They have a common interest as both are suffering from Linux. But their tool for competing, namely patent attacks, is not acceptable, especially when they do so with the goal of removing competition from the market. It’s doupoly abuse [1, 2, 3], or simply a cartel.

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

3 Comments

  1. Michael said,

    January 23, 2012 at 3:28 pm

    Gravatar

    You accuse others of being cult-like then you post this.

    Wow. Just wow.

  2. mcinsand said,

    January 23, 2012 at 6:17 pm

    Gravatar

    The duopoly is distinctly displeased. They can’t keep up with performance, reliability, or (especially) choice, so legal manouevering and extortion are MS’ and Apple’s only chance of survival as significant players.

    Michael Reply:

    Roy denied the cult-like BS you just demonstrated.

What Else is New


  1. Links 21/4/2018: Linux 4.9.95, FFmpeg 4.0, OpenBSD Foundation 2018 Fundraising Campaign

    Links for the day



  2. As USPTO Director, Andrei Iancu Gives Three Months for Public Comments on 35 U.S.C. § 101 (Software Patenting Impacted)

    Weeks after starting his job as head of the US patent office, to our regret but not to our surprise, Iancu asks whether to limit examiners' ability to reject abstract patent applications citing 35 U.S.C. § 101 (relates to Alice and Mayo)



  3. In Keith Raniere v Microsoft Both Sides Are Evil But for Different Reasons

    Billing for patent lawyers reveals an abusive strategy from Microsoft, which responded to abusive patent litigation (something which Microsoft too has done for well over a decade)



  4. Links 20/4/2018: Atom 1.26, MySQL 8.0

    Links for the day



  5. Links 19/4/2018: Mesa 17.3.9 and 18.0.1, Trisquel 8.0 LTS Flidas, Elections for openSUSE Board

    Links for the day



  6. The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

    As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)



  7. Microsoft's Lobbying for FRAND Pays Off as Microsoft-Connected Patent Troll Conversant (Formerly MOSAID) Goes After Android OEMs in Europe

    The FRAND (or SEP) lobby seems to have caused a lot of monopolistic patent lawsuits; this mostly affects Linux-powered platforms such as Android, Tizen and webOS and there are new legal actions from Microsoft-connected patent trolls



  8. To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

    Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability



  9. When News About the EPO is Dominated by Sponsored 'Reports' and Press Releases Because Publishers Are Afraid of (or Bribed by) the EPO

    The lack of curiosity and genuine journalism in Europe may mean that serious abuses (if not corruption) will go unreported



  10. The Boards of Appeal at the European Patent Organisation (EPO) Complain That They Are Understaffed, Not Just Lacking the Independence They Depend on

    The Boards of Appeal have released a report and once again they openly complain that they're unable to do their job properly, i.e. patent quality cannot be assured



  11. Links 18/4/2018: New Fedora 27 ISOs, Nextcloud Wins German Government Contract

    Links for the day



  12. Guest Post: Responding to Your Recent Posting “The European Patent Office Will Never Hold Its Destroyers Accountable”

    In France, where Battistelli does not enjoy diplomatic immunity, he can be held accountable like his "padrone" recently was



  13. The EPO in 2018: Partnering With Saudi Arabia and Cambodia (With Zero European Patents)

    The EPO's status in the world has declined to the point where former French colonies and countries with zero European Patents are hailed as "success stories" for Battistelli



  14. For Samsung and Apple the Biggest Threat Has Become Patent Trolls and Aggressors in China and the Eastern District of Texas, Not Each Other

    The latest stories about two of the world's largest phone OEMs, both of which find themselves subjected to a heavy barrage of patent lawsuits and even embargoes; Samsung has meanwhile obtained an antisuit injunction against Huawei



  15. The EPO Continues to Lie About Patent Quality Whilst Openly Promoting Software Patents, Even Outside Europe

    EPO patent quality continues to sink while EPO management lies about it and software patents are openly being promoted/advocatedEPO patent quality continues to sink while EPO management lies about it (the article above is new) and software patents are openly being promoted/advocated



  16. SCOTUS on WesternGeco v Ion Geophysical Almost Done; Will Oil States Decision Affirm the PTAB's Quality Assurance (IPRs) Soon?

    Ahead of WesternGeco and Oil States, following oral proceedings, it's expected that the highest court in the United States will deliver more blows to patent maximalism



  17. Links 17/4/2018: Linux 5.x Plans and Microsoft's 'Embrace'

    Links for the day



  18. The European Patent Office (EPO) Grants Patents in Error, Insiders Are Complaining That It's the Management's Fault

    The EPO has languished to the point where patents are granted in error, examiners aren't happy, and the resultant chaos benefits no-one but lawyers and patent trolls



  19. The European Patent Office Will Never Hold Its Destroyers Accountable

    With only one in seven EPO stakeholders believing that Battistelli's pick (António Campinos) will turn things around for the better, it certainly does not seem like people are happy and there's no real hope that Battistelli will ever be held accountable for his abuses after his immunity expires



  20. With Liars Like These...

    The European Patent Office continues to lie about the Unified Patent Court (UPC) amongst other things, still revealing its reluctance to say anything which is truthful or work to repair the damage caused by Benoît Battistelli



  21. Links 16/4/2018: Linux 4.17 RC 1, Mesa 18.0.1 RC, GNOME 3.28.1

    Links for the day



  22. IAM, Patently-O and Watchtroll (the Patent Trolls' Lobby) Try to Stop Patent Oppositions/Petitions (PTAB)

    In spite of fee hikes, introduced by Iancu's interim predecessor, petitions (IPRs) at the PTAB continue to grow in number and the patent maximalists are losing their minds over it



  23. The Patent Trial and Appeal Board (PTAB) is Ending Software Patents One Patent at a Time

    At an accelerating pace and with growing determination, PTAB (part of AIA) crushes patent trolls and software patents; the statistics and latest stories speak for themselves



  24. Academics and Think Tanks for Patent Maximalism

    Right-wing think tanks and impressionable academics continue to lobby for patent maximalism, rarely revealing the funding sources and motivations; in reality, however, such maximalism mainly helps large (already-wealthy) corporations, monopolists, and law firms



  25. Killing Patent Quality and Encouraging 'Covert' Software Patents Using the Buzzwords Du Jour

    The epidemic of buzzwords and/or hype waves that are being exploited to dodge or bypass patent scope/limitations, as seen in Europe and the US these days



  26. Crisis of Quality at the EPO Extends to Staff (Notably Examiners) and Management as Institutional Integrity is Severely Compromised

    A rather pessimistic but likely realistic outlook for the European Patent Office (EPO), which seems unable to attract the sort of staff it attracted for a number of decades



  27. The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

    A lot of software patents are being declared invalid (or not granted in the first place); having said that, using all sorts of hype waves (like calling databases “blockchains”) firms and individuals manage to still be granted software patents and sometimes patent trolls hoard these



  28. Links 14/4/2018: Wine 3.6, KDE Elisa 0.1

    Links for the day



  29. East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

    China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China



  30. Samsung is the 'New IBM', Sans the Trolling With Patents

    The 'relic' company, IBM, loses its patent leadership (as measured using some yardstick) to Samsung, a company which is relatively calm when it comes to patent activity (unless/only when sued, as happens a lot nowadays)


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