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

03.08.12

Patents Roundup: Android, FRAND, and Patent Hype

Posted in GNU/Linux, Google, Patents at 5:59 pm by Dr. Roy Schestowitz

World in hand

Summary: Patent news of interest

LINUX/Android is affected in a very real way by patents, with notable cases like this assault by Oracle [1, 2, 3] or even Apple's extortion, in addition to Microsoft’s. If 3 giants want $15 from each Android device sold (plus patent trolls toll/fines), then the tax on Linux becomes significant. This is exactly what they are hoping to achieve because some of the latest numbers from the United States suggest that Android extends its lead, having long ago conquered the #1 spot with almost 1 million device activations per day.

Android was never about patents, but foes of Linux decided to use patents as a last resort that Windows 95 never really had to cope with. The EFF has a new infographic which shows how patents hinder innovation. And to quote:

Patents may have been created to help encourage innovation, but instead they regularly hinder it. The US Patent Office, overwhelmed and underfunded, issues questionable patents every day. “Patent trolls” buy too many of these patents and then misuse the patent system to shake down companies big and small. Others still use patents to limit competition and impede access to new knowledge, tools, or other innovations.

Over at patent lawyers’ sites there is yet more RAND advancement/promotion, neglecting the fact that RAND (or FRAND) is not compatible with Free software. They neglect ZRAND and other options that actually are being marginalised. To quote part of this post:

On its face, it is easy to see why a FRAND commitment might reassure implementers of a standard. If a patent is essential to the standard, the patent holder must license the patent on terms that are fair, reasonable and non-discriminatory. Unfortunately, the devil has proven to be in the details of FRAND, and no two companies seem to have the same view of what constitutes fair, reasonable or non-discriminatory licensing terms. This lack of agreement has troubled regulators for some time and has led to an increasing number of litigation claims alleging that one party or another to a standards effort has failed to comply with its FRAND obligations.

The February FRAND statements by Apple, Microsoft and Google are thus informative and potentially of great importance. To understand the statements, and why the DOJ viewed them differently, it is helpful to compare them side-by-side. The following table summarizes what Apple, Microsoft and Google said FRAND means to them.

Apple and Microsoft pretend to be victims. Google never really wanted anything to do with patents, but it was attacked fiercely by the duopoly. The OIN meanwhile looks for solutions to this duopolistic aggression (not patent trolls) and articles about it reach as far as CNN, which says:

An alliance of technology corporations, including IBM, is expanding the scope of patent protection it provides to developers, vendors, and users of open source software such as Linux. The move cuts against the grain of major companies going after each other, filing suit over patent infringement.

Notice how they single out IBM. It’s not exactly inaccurate though. Other quarters of the business press spread patent propaganda in this week’s press and PR circles.

Adobe, which previously stood up against software patents, is now pursuing them:

Adobe’s patent-pending software technology is used in a variety of plug-ins for popular desktop apps such as Adobe Reader, Microsoft Word, Excel, Internet Explorer, and Firefox. Adobe says it is also working on support for Microsoft Outlook, PowerPoint, and Chrome in the future.

Something called “Patent Research Platform” has just gotten funding:

You won’t have to go far in Silicon Valley to find someone who will tell you that the patent situation in the tech industry is a mess. While trouble has been brewing for a decade, the last year has been marked by a continuous stream of litigation, and some might say it’s beginning to take its toll on innovation. Take Yahoo’s recent threats to Facebook, for example. Back in September, Google Chairman Eric Schmidt warned that “overbroad patents will slow” the progress of the software industry, saying that the current state of patents in the U.S. was “terrible.”

At the time, Schmidt suggested that dealing with patents in a way that is more systematic might be beneficial to the industry, even broadly making reference to the idea of crowdsourcing. The Google Chairman isn’t alone in thinking this approach could help make a difference in the ongoing patent wars, evidenced by the growing community that is Article One Partners’ global patent research platform.

This was already attempted by others, including Peer-to-Patent. The issue with this approach is, it inadvertently helps validate patents. How about companies that base themselves on patents? Here is a funny opening paragraph:

Good news for gamers –start up Numecent has announced further details of its patented cloudpaging technology which could vastly lower the time needed to stream software applications.

Why does it seem necessary to patent it? This a bubble.

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. Michael said,

    March 8, 2012 at 8:34 pm

    Gravatar

    I think Android could do well even if those who sell it were made to actually pay for the technologies they use. I do not think they *must* resort to plagiarism in order to be successful… just guess I have more faith in Android than you do, Roy.

  2. mcinsand said,

    March 9, 2012 at 12:07 pm

    Gravatar

    Apple is truly the most disgusting of all; they copy from FOSS, market and patent as if they had invented it, and then try to extort from FOSS licensing fees that Apple copied.

    The problem is that the FOSS culture behavies ethically, where Apple and MS can only compete through extortion and racketeering through patents that are only granted by the US government not paying attention to its own definitions. Abstract ideas (software) are not supposed to be patentable, and for many good reasons.

    Dr. Roy Schestowitz Reply:

    Consider who is funding election campaigns. It’s not FOSS.

    Michael Reply:

    It always amazes me how ignorant the "FOSS" folks are in terms of open source. Of course Apple and MS use open source for their own reasons – that is the primary way open source is used and written. That is why Linus Torvalds is involved in open source:

    I agree that it’s driven by selfish reasons, but that’s how all open source code gets written! We all "scratch our own itches". It’s why I started Linux, it’s why I started git, and it’s why I am still involved. It’s the reason for everybody to end up in open source, to some degree.

    So complaining about the fact that Microsoft picked a selfish area to work on is just silly. Of course they picked an area that helps them. That’s the point of open source – the ability to make the code better for your particular needs, whoever the ‘your’ in question happens to be.

    So the argument that MS and Apple are doing something wrong to use open source to their benefit is just absurd – and unless you are going to complain about Linus Torvalds doing the same thing, it is completely hypocritical.
    As far as people patenting open source… what? The whole idea of open source is that it is not patented and is open to all. Again, you show no understanding of what open source is about.
    Open source is available to all – and Apple and MS use it. That does not mean they are obligated to give their own property away, nor does it give others the right to plagiarize from them. Really, these are not complex concepts.

What Else is New


  1. Vista 10 Inherently Criminal: Vandalising the Competition (Dual Boot, Rival Web Browsers, Online Services)

    Vista 10, the latest incarnation of Windows, takes its anticompetitive aspects to a whole new level, betraying even so-called 'partners' in the process



  2. As Microsoft AstroTurfing/PR Budget Runs Dry, Vista 10 Truths Come Out

    The media manipulation by Microsoft (to the tune of hundreds of millions of dollars spent on 'marketing') grows thin as a growing number of growingly angry early adopters of Vista 10 publicly rant



  3. Links 31/7/2015: Lennart Poettering as 'Linux Hero' and systemd Conference Coming

    Links for the day



  4. Links 30/7/2015: Apache Spark on Z System, Elive 2.6.8 Beta

    Links for the day



  5. Microsoft's Mouthpiece Mary Branscombe Tries to Shoot Down Free Software, But Fails Miserably

    At the CBS-owned ZDNet, which is Free/Open Source software-hostile, new FUD surfaces, but the FUD is so flawed that a full rebuttal is easy and almost imperative



  6. People of New Zealand Must Rise Up to Defend Sovereignty and Stop Software Patents

    The TPPA serves to override (launder) the law of New Zealand, allegedly legalising patents on software in the process



  7. Microsoft Illegally Evades Billions of Dollars in Tax, Says IRS

    The criminal enterprise known as Microsoft finds itself embarrassingly exposed in the courtroom, for the IRS belatedly (decades too late) targets the company in an effort to tackle massive tax evasions



  8. Vista 10 Very Buggy Upon Release, Just as We Have Repeatedly Warned for Weeks

    Vista 10 is prematurely pushed out the door (to meet a deadline) way ahead of it being stable, even remotely polished, and supported by hardware companies (there is a serious drivers issue)



  9. Surveillance Machine With a Keylogger: Vista 10 Will Spy on the User (Over the Internet) Even While Playing Games

    Microsoft is making it clear that even playing a simple game like Solitaire on Vista 10 will make one subjected to spying (for targeted ads); other serious violations of privacy revealed upon release



  10. Links 29/7/2015: Akademy 2015 Ends, NetBSD 7.0 RC

    Links for the day



  11. MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Grows

    A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH



  12. New Zealand's Media Gets History Wrong on Software Patents

    Setting the record straight on the fight against software patents in New Zealand



  13. Not Only Vista 10 Crashes a Lot, Any .NET Application Does Too (Updated)

    Microsoft software is quickly becoming synonymous with crashes as any piece of software developed with Microsoft's tools, not just the underlying platform, crashes chronically



  14. The Government of Bulgaria Sells Out to Microsoft, Again

    Despite some promises and reassurances that Bulgaria will consider Free/libre software, the Bulgarian government hands out a lot more of taxpayers' money to the Mafia



  15. Corporate Media Finally Finds Out That Vista 10 Crashes a Lot

    Stability issues of Vista 10 are belatedly reported to be a major catastrophe, leaving it unusable for many early adopters



  16. Links 28/7/2015: Linux 4.2 RC4, New Logos and Bug 'Branding' for FUD

    Links for the day



  17. Patents Roundup: Technicolor, Alice, Voip-Pal, Fitbit, Marijuana Patents, and JDate

    A look at some of last week's patent news, with imperative responses that criticise corporate exploitation of patents for protectionism (excluding and/or driving away the competition using legal threats)



  18. Corporate Lobbyists Including Koch-Connected Front Groups Attack Real and Perceived Patent Reform in the United States

    Looking at some of the latest propaganda for and against a bill which is already too watered-down to actually fix the US patent system



  19. Patents in the Android World Further Complicate Freedom in This Linux-Powered Platform

    A survey of last week's news with special focus on Google and Android, which are trying to coexist and thrive in a world full of patent maximalists



  20. The 'Unitary' Patent Trojan Horse Rammed Down the Throat of Europe

    Under the guise of 'unification' or 'unity', existing patent systems are being abandoned and more power gets passed to corrupt EPO officials



  21. HEVC Cartel is Not News, Only the Names of Backers and the Costs Are New

    A few remarks on and a roundup of recent articles about HEVC, which we first wrote about in spring



  22. IRC Proceedings: July 12th, 2015 – July 25th, 2015

    Many IRC logs



  23. Links 26/7/2015: Purism Librem and Freedom, Akademy Updates

    Links for the day



  24. Vista 10 (Windows 10) Has NSA Back Doors and Front Doors

    Vista 10 to bring new ways for spies (and other crackers) to remotely access people's computers and remotely modify the binary files on them (via Windows Update, which for most people cannot be disabled)



  25. Vista 10 Not Ready, But Released Anyway

    Despite severe technical issues in the rushed-out-the-door Vista 10, Microsoft decides to stick with the deadline, only days after reporting billions of dollars in losses



  26. Links 25/7/2015: Plasma Mobile, Linux Mint 17.2 OEM

    Links for the day



  27. Links 24/7/2015: openSUSE Leap 42.1, Intel With Rackspace for OpenStack

    Links for the day



  28. Links 24/7/2015: GNOME 3.17.4, Mozilla Developer Network Turns 10

    Links for the day



  29. Microsoft Has Run Out of Attempts and Vista 10 Will Definitely Fail

    As Microsoft admits billions of dollars in losses just days before Vista 10 is pushed as a 'free' upgrade, there is no concrete sign that financial recovery is imminent, for the bigger cash cow (Office) suffers a similar fate



  30. GNU/Linux Circles Ought to Stop Promoting Visual Studio, Which is Neither Cross-Platform Nor Free Software

    Media carries on openwashing Visual Studio and perpetuating the illusion that it is not tied to Microsoft Windows


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