Bonum Certa Men Certa

While Attacking Android/Linux With FRAND and Lawsuits Apple and Microsoft Pretend to be the Victims

Chess game



Summary: Patents and new laws are being used by Apple and Microsoft in order to marginalise Linux, as evidenced by recent news

OUR focus on patents means that we will continue naming the culprits, wherever they are. There is more to it than Apple and Microsoft, but Apple and Microsoft are the prominent culprits.



Symantec with its spurious patent lawsuits joined the list of shame and FOSDEM looked broadly at the subject. To quote a new roundup:

On a legal aspect of the Free software issue I could see the presentation of the End Software Patent organisation. They militate to exclude software from patentability, claim for the EU to stay away of the temptation to give existence to software patent via court decisions and closely follow the interpretation of the judges when they come to decide what is patentable and what is not. There were concerned about the influence of patent lawyers from software patent owners on the courts decisions for their benefit, in particular in some court assessments in the US and in the UK , which recognise software patent and justify it by the need to follow the decisions from ”others” (experts from the European Patent Office- who is no jurisdiction-, or lower courts) in order to avoid controversy… Avoid controversy. What an arbitrary criteria! A higher court basically says: ”I decided this because others decided it so”. This seems to be a kind of negation of the independence and impartiality of the law. I am amazed this argumentation even appears in official case law documents. I have never seen something similar. Of course, Higher courts do sometimes follow experts and lower courts decisions but they always need to legally justify this by explaining why it was correct to do so. Then they talked about the future, possible unitary EU patent and the creation of the EU patent court. The project does not exclude software from patents and it gives substantial new legal powers to the European Patent Office, that is already delivering many software patents, see the concerns of Richrad Stallman. When End Software Patent warns against a kind of current risk of arbitrary ”expertisation” of patent law interpretation, to the benefit of software patent owners, we could be rather sceptical of the motivation behind such initiative.


There is also some new hammering [1, 2] from MPEG-LA, which is run by a patent troll. It is backed by Apple, Nokia, Microsoft, and several others. It's merely a proxy like the MPAA or RIAA. When large companies risk being sued they band together under a sort of cartel that only large players are able to join. They are pooling ammunition in there. This includes companies like Apple, which while disrespecting trademarks (like in this new example) is also promoting a monopoly on media codecs. How convenient for a company with strong ties at the 'entertainment' industry. As a side note, ABC very recently did an appalling whitewashing report for its ally Apple -- in this latest case it was revisionism over Foxconn (we won't go into it now). Here is an Apple-funded (through advertising) Web site painting Apple as a victim of patents:

The voice mail system on Apple's iPhone has once again become the target of a lawsuit from a company claiming infringement on one or more software patents.


Apple deserves this because Apple is perhaps the biggest aggressor right now when it comes to patents. It's Steve Jobs' ugly legacy. There are a lot of software patents in the news [1, 2, 3, 4, 5], but nothing compares to the embargo war Apple has launched against Android/Linux.

Google may have some patents of its own [1, 2], but Google has no history of patent aggression.

While the patent buzz persists in the news we find that, based on Pogson's interpretation, Oracle is not managing to make its patent case work against Google just yet:



The parties have now filed their joint statement on patent marking (721 [PDF;Text]), but it is hard to say they are any closer than before or that this entire exercise has substantially streamlined the issue of patent marking for trial. That's the pessimistic view. The optimistic view is that they at least agreed upon a series of conditional stipulations, i.e., if Android is found to infringe, then the specified Oracle products also practice the patent and required marking. Perhaps that is the best they can do. In any case, there are clearly differences that remain as to how the claims are to be read and applied, and those issues will only get resolved at trial.


Here is more bad news for Oracle:



The parties filed a joint update with the court regarding the pending reexaminations of the asserted Oracle patents before the U.S. Patent and Trademark Office. (722 [PDF; Text]) Not surprisingly, Oracle has taken yet another hit. This time it is on previously reexamined patent number RE 38,104.

On February 16 the USPTO issued a non-final rejection of all of the claims of the '104 patent that have been asserted by Oracle in this case. Oracle has until April 16 to file a response. Given the track record of Oracle's responses in these reexaminations, don't be surprised to see this reexamination result in a final rejection of all of the asserted claims of the '104 patent.


Oracle takes a step back. As one journalist puts it, "Oracle has removed the last claim of one of the patents it has accused Google of violating, and downsized the amount of damages it estimated from Google's alleged infringement of Oracle's Java software.

"According to Groklaw, Oracle has withdrawn its claim against US Patent No. 6,192,476. The validity of the patent was in much doubt anyway after the Patent Office issued a final rejection of 17 of the 21 claims of the '476 patent."

“The Commission would remind the Honourable Members that the Unified Patent Court is envisaged to be established by a treaty between the EU Member States.”
      --Michel Barnier, patents maximalist
Apple is meanwhile pushing for FRAND along with Microsoft. It would impede Android through pricing. To quote: "Apple is attempting to stop the use of "standards essential" patents on 3G technology as legal bludgeons against smartphone competitors. To make its case, the company has gone directly to the standards body behind 3G wireless networking, the European Telecommunications Standards Institute (ETSI). In a letter to ETSI dated last November (but only recently uncovered by the Wall Street Journal) Apple suggested that patents offered as part of wireless networking standards should be governed by standardized royalty rates and barred from being used as the basis for legal injunctions."

What this would mean is a patent fee. It is not compatible with Free software and Apple knows this. Over in Europe, the FRAND debate is very much alive right now and the unitary patent might play a role because it's a form of treaty, expanding laws in one fell swoop. "EU will not be a contracting party to this treaty," we learn from correspondence. "Consequently, the Commission does not comment," quotes the FFII' president who shows an unhelpful formal response. It says: "The Commission would remind the Honourable Members that the Unified Patent Court is envisaged to be established by a treaty between the EU Member States. The European Union will not be a contracting party to this treaty. Consequently, it would not be for the Commission to evaluate, recommend or decide on the possible candidacy of Milan for the seat of the central division of the Court of First Instance."

How convenient for them. So while Microsoft lobbyists help Microsoft and Apple push for FRAND in Europe and Don Reisinger misleads with a wrong statement in the headline ("Microsoft sues Motorola Mobility, claims FRAND abuse") we are led to believe that the Commission is not in a position to intervene. There is clearly an abuse here. After interference from the likes of Florian Müller it is not surprising that there is a FRAND push in the press, impacting Europe as well (it's part of the propaganda from Microsoft):

Microsoft is the latest tech giant to take aim at Motorola Mobility--and thus, by virtue of its $12.5 billion acquisition, Google--in a FRAND (fair, reasonable, and nondiscriminatory) patent abuse claim.

The software giant today filed a formal competition law complaint with the European Commission against Motorola, arguing that the company is not offering essential patents on fair and reasonable terms. The complaint involves patents Motorola holds related to Web video and the way in which certain devices, like Windows PCs and the Xbox, access and play it.


The hypocrisy here is astounding. Essentially, the gangster calls its victim "rogue" in an attempt to justice its own abuse. As one good analysis puts it:

'The crow calling the kettle black!' as someone wrote in the comment section of the blog post of Microsoft where the company wrote about filing a competition law complaint with the European Commission (EC) against Motorola Mobility and Google.

Dave Heiner, Vice President & Deputy General Counsel, Corporate Standards & Antitrust Group, Microsoft, says, "We have taken this step because Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products. Their offense? These products enable people to view videos on the Web and to connect wirelessly to the Internet using industry standards."

[...]

Nice job Microsoft when it comes to signing bogus patent deals with Android players its NDA but when an Android wants Microsoft or Apple to pay its FRAND.

Now, who should be crying foul here?


The regulators should investigate Microsoft's racketeering [1, 2, 3, 4, 5, 6, 7, 8], Google is merely the victim here. In later posts we are going to write more about Microsoft's FRAND propaganda, which is paid for. It's an ongoing lobbying/PR campaign.

Recent Techrights' Posts

Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
 
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026
Gemini Links 04/01/2026: 64-bit Addressing and 39th Chaos Communication Congress
Links for the day
Windows Was Always the Punchline
What did we count to calculate taxes?
GNU/Linux Surges to About 4% in Peru This Year
one of the poorest counties in America
This Year Our Adoption of IRC Turns 18
We have used IRC for this site since 2008
The Doors Are Closing, Windows Closing Too
Microsoft wants more vendor lock-in, but at risk that this desire will simply alienate and drive away many users
The FSF's Program Manager, Dr. Miriam Sabrina Bastian, Left in October to Lead Climate School
We are not sure why Miriam Bastian decided to leave the Free Software Foundation (FSF)
Outline of Slop, LLMs, IBM, and Things to Come
This coming week and weekend will be very productive irrespective of how much "news" gets published by other sites
Links 04/01/2026: War Without Borders, "Large Hadron Collider Being Shut Down"
Links for the day
Links 04/01/2026: US Imperialism in Greenland and Venezuela, "Climate Protesters Face Greater Risk of Crackdown Amid Rising Authoritarianism"
Links for the day
2026 Should be the Year We All Stop Saying "AI" and Call Things What They Really Are
Don't give anyone the satisfaction of this misguided belief there's any intelligence there
Ponzi Schemes Are Useful (to Corrupt CEOs)
Pathetic, corruptible so-called 'media' is bagging bribes to perpetuate the lies about "AI" (slop)
GNU/Linux at All-Time High in Algeria
In 2026 it hit a new all-time high
Online Mobbing (and Worse) Disguised as 'Free Speech'
People who say they believe in "free speech" have been trying hard to silence RMS and squash the FSF
A 'Cancer That Attaches Itself' to Bulgaria?
"Cancer" is what Microsoft called GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 03, 2026
IRC logs for Saturday, January 03, 2026
Body-Shaming Using Fakes
a lot of the people who casually claim "defamation" are themselves defaming loads of people every day
GNU/Linux "Market Share" in Switzerland More Than Doubled Last Year, Based on statCounter
GNU/Linux continues its considerable growth
EPO People Power - Part XXIV - Today or Tomorrow You Should Write to National Representatives (Delegates) at the EPO in Your Country
Keep up the pressure!
Red Hat and IBM Layoffs, Staff Kept Quiet About it, WARN Act Skirted/WARN Notices Avoided
What a terrible company to be in
XBox Layoffs Imminent, More Appalling Sales Figures Published
Expect many layoffs in the gaming division
Slop Still Rare
So far a good start for 2026
Gemini Links 03/01/2026: Climbing, Waking Up, and Social Control Media Woes
Links for the day
Links 03/01/2026: Growing Censorship, Another US Invasion, and Will Smith 'Cancelled'
Links for the day
Links 03/01/2026: Twitter Turns From Disinformation Powerhouse to Production and Dissemination of Child Pr0n, "New China Cybersecurity Law Becomes A Reality In 2026"
Links for the day
Gemini Links 03/01/2026: Formatting Text for Gopher and Text-only Websites
Links for the day
Unverified Claim: Mass Layoffs at Microsoft to Start Around Week 3 (or 4) of This Month
Let's wait and see if the claim above is from an insider who has inside knowledge
Firefox Fell Below 1% in Asia
less than 1 in 100 Web users is detected/assumed to be using Firefox
Links 03/01/2026: Ryanair Fines and Facebook Misleads Regulators
Links for the day
New Record High for GNU/Linux in Benelux in 2026
If the above trends stand (throughout the year), then we can begin talking more seriously about a post-GAFAM Europe
In the Search Engine Market, Microsoft is Falling Behind Russia's Yandex
The so-called 'AI industry' is a boy that cries wolf
A Year of Relaxation, But Also of Hardcore Whistleblowing
Expect industrial action some time soon
The More Influential Richard Stallman (RMS) Becomes, the More Aggressive Attacks on Him (and the FSF) Will Get
We've meanwhile noticed disinformation being spread in social control media
GNU/Linux Reaches All-Time High of 5% in Indonesia (Not Counting Chromebooks and Android)
There are also related events in Indonesia and SUSE in particular seems to have been popularised there
EPO People Power - Part XXIII - António Campinos Knows He's Extremely Vulnerable at This Time
Campinos should never have been put in charge
Gemini Links 03/01/2026: New Organisation System (Notebooks) and "2026 Already Off to an Amazing Start"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 02, 2026
IRC logs for Friday, January 02, 2026