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 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



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

    Links for the day



  3. 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



  4. 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



  5. 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



  6. 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



  7. 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



  8. 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



  9. 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



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

    Links for the day



  11. 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



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

    Links for the day



  13. 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



  14. 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



  15. 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



  16. 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



  17. [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



  18. 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)



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

    Links for the day



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

    Links for the day



  21. '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)



  22. 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)



  23. IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

    Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?



  24. Disrupting Battistelli's Distracting Propaganda: EPO Staff to Protest Again in About a Fortnight

    The overly extravagant (waste of money) EPO European Inventor Award will have to compete for media attention with thousands of EPO staff (in all EPO sites) marching in the streets to protest against the EPO's abuses



  25. Corrupting Democracy? Growing Frequency of Rumours That the EPO's President Battistelli is 'Buying' Votes of Small Member States

    Several sources suggest that rather than appease the Administrative Council by taking corrective action Battistelli and his notorious 'circle' now work hard to remove opposition from the Administrative Council, especially where this is easier a task to accomplish (politically or economically)



  26. [ES] Los Mitos de la EPO ‘Calidad’ de Patentes y de ‘Creación’ de Patentes: Basados en Ventas de Cafe y Trauma

    La carrera hacia el fondo, o la ridícula asumpción de Battistelli de que otorgar más y más patentenes más rápidamente (e.g. usando PACE) sería beneficióso a largo término, puede guíar al final colapse del valor de la EPO y la pérdida de su lárgamente ganada reputación a nivel mundial



  27. Links 22/5/2016: Systemd 230, Debian Installer Alpha 6

    Links for the day



  28. EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

    The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide



  29. Guest Post: How Vista 10 Imposes Itself on Users of Windows

    A reader's experience being nagged by Microsoft, as documented and explained by this reader



  30. [ES] El Notorio Tirano de la EPO, Benoît Battistelli, Se Reune Con Otros Tiranos, Reportes de Que ‘Limpia’ el Consejo Administrativo

    El régimen de Battistelli, talvez la fuente de verguénza más grande, alegadamente está “cortejándo países pequeños/corruptos para asegurárse de que los delegados que votarón contra él serán remplazados”


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