Bonum Certa Men Certa

Apple Seeks Android Bans Whilst Antitrust Attorney Speaks About Microsoft's Latest Offences Against Android (Using Patent Proxies)

"We have to let go of the notion that for Apple to win, Microsoft has to lose."

--Steve Jobs



Steve Jobs
Steve Jobs photo by Matthew Yohe, mouth belongs to Steve Ballmer (modified by Techrights)



Summary: The patent attacks on Android/Linux and the depressing truth about lack of law enforcement in the face of collusion and racketeering

As an Android developer in a field so utterly & heavily infested with software patents (computer vision) the subject affects me personally. Apple and Microsoft have chosen to collaborate in their attack on the fastest-growing Linux-based operating system and to sit back simply ignoring it would be irrational. Developers all around the world are suffering from software patents as it not only leads to spurious litigation; it also affects behaviour (e.g. reluctance to develop due to fear, desperation, cynicism). For those who choose to engage in activism and not just develop the resentment towards Apple and Microsoft is not pathological, it's logical. When someone is attacking you the natural instinct is to fight back. It is innate, and it's a matter of one's survival.



In 2010 Apple started attacking Android by attacking little HTC (Apple had already threatened other Linux-based mobile operating systems such as WebOS). Suffice to say, we took the defensive side -- that which Apple attacked. Apple is clearly an aggressive company; the attacks by Apple were not preceded by any provocation; Nokia's lawsuits had nothing to do with Android at the time.

Based on this report, HTC is gaining some patent ammunition in order to counter what can only be described as Apple's abuse of its market position, using patents and lengthy trials. It's costly, and the purpose is to have legal costs exceed the savings incurred by choosing Android. People everywhere should boycott Apple over this appalling behaviour. Here is what HTC does for the time being:

HTC was exhibiting more than a bit of buyer's remorse after its acquisition of S3 Graphics went off the rails: it had used the $300 million deal to scoop up a company with a victory over Apple in a patent dispute at the ITC, only to see that decision reversed and its dreams crumble. S3 will be glad to know that HTC wants the shotgun wedding to last.


ITC is based on the US, so it's naturally discriminatory. It discriminates against Asian company and enables American companies (brands) like Apple to just bar the competition. Our friends at Muktware wrote this new parody about Apple. To quote the amusing opening paragraphs:

Apple CEO today announced that this year will be the last WWDC. The company announced that they are replacing it with WWLC, Apple Worldwide Lawyer Conference.

WWLC will be primarily used by Apple to showcase its new patents and court cases to lawyers, as well as offering hands-on cross-examination and cease and desist sessions.

Apple has released, iSue, a suite of new tools and technologies for developers which they can use to get in direct touch with lawyers.


Microsoft is not any better, although its strategy is different. Microsoft is trying to extort rather than bar Android and it also sends out patent trolls (or patent terrorists) to detonate some patents in Android's face. An antitrust attorney writes in an AOL-owned site about what Microsoft is doing with Nokia:

Nokia and Microsoft Alliance Raise Significant Competition Concerns



In March 2011, Nokia and Microsoft formed what they called a "strategic partnership" after the Windows 7 developer paid $1 billion to the world's largest handset maker. Aspects of the deal quickly revealed Nokia, once a strong open source advocate, was turning its back on its friends and unleashing its patents against open source technologies such as Android. The aging tech giants established a new business model for the handset maker -- one of asserting Nokia's vast patent portfolio to demand higher licensing fees and garner a higher percentage of sales royalties.

Microsoft and Nokia understand the threat of a countersuit generally tempers the incentive for large technology companies to engage in aggressive and oppressive patent enforcement. Any stand-off is often resolved through pro-competitive cross-licensing arrangements between the technology companies. This is the optimal outcome for consumers, as it ensures more developers have access to the patents and technologies they need to continue developing new products. However, Microsoft and Nokia are not striving for the optimal outcome; they want to cripple their competitors, even at the cost of harming consumers. So, how to leverage a patent trove without the threat of countersuit? Get patent trolls to do your dirty work.

Just six months after the alliance formed, Microsoft and Nokia jointly armed a known patent troll called MOSAID with 2,000 of Nokia patents, 1,200 of which are standard essential patents or SEPs. It was soon discovered that under the terms of the agreement the aging tech giants would share the royalties from these patents with MOSAID. The "strategic partnership" didn't stop there. Nokia then turned around and armed another troll, Sisvel, with 450 patents. Recently, Nokia and its trolls started launching attacks against Android partners HTC and ViewSonic. Lawsuits by these trolls against Android original equipment manufacturers (OEMs) are expected soon.

This is nothing short of a frontal assault on the use of open source software which is the foundation for the explosive growth of smartphones. Open source means there is a technology highway with no toll booths. The Android code was released as open source, meaning the code is free for anyone to use or improve. Google provides Android for free to reduce costs so more people can afford a smart phone and to encourage innovation. With more than 550 Android devices on the market, there's no question Android has accomplished these goals.

It is not entirely surprising that Microsoft and Nokia are desperate to disarm their competitors, and attempt to kill off open source. Nokia and Microsoft have struggled to adapt to a smart phone ecosystem underscored by rapid growth and collaborative innovation. What is surprising, though, is their decision to turn to patent trolls as the weapon of choice. Notwithstanding the cutthroat competition in the industry, none of the other prominent companies have ever resorted to such underhanded tactics as trolling. All of these companies have dealt with patent trolls before and know they are nothing but a tax on the industry, extracting money while producing nothing, and driving up costs for everyone else.


The issue of MOSAID was raised to authorities by B&N, but Microsoft then bribed B&N, leaving Google to file its own complaint in Europe. This is one abuse on top of another. Microsoft is still a mafia-like company, masquerading as a respectable company. Nokia is controlled by the mafia-like company now; the mafia is not doing well in the marketplace (Lumia) and people who buy WP7-based Nokia phones should be accused of buying from the mafia. "It's not doing well in the marketplace," writes to us a Techrights contributor from Finland, "but people who should know better have been trying to boost it by signing deals...

"Tomi Ahonen covers Nokia a lot. It's basically dead and just a matter of time before it finishes crumbling because of the Elopocalype.

"R.I.C.O. should be pursued," wrote this contributor.

Over at Ars Technica, a longtime Microsoft booster writes about the “Defensive Patent License” which Microsoft boosters and lobbyists have seemed keen on for a couple of years (they don't like OIN and this is an OS-agnostic OIN competitor, i.e. Microsoft can join). Here is what the booster says:

A couple of months ago, Twitter made a pledge that is heartening to anyone sick of patent lawsuits. The company will not use any patents derived from employee inventions to launch offensive lawsuits without the inventor’s permission.

[...]

Developed by Berkeley Law professors Jason Schultz and Jennifer Urban, the Defensive Patent License (DPL) project has been in development well before Twitter’s pledge. The project just launched its website and the legal document members will be asked to commit to.

Any company that commits to the terms of the Defensive Patent License would have to pledge all of the patents it owns to this league of do-gooders. Any other member of the league would gain a free license to any other member’s patents, and no one in the league would be allowed to launch offensive patent lawsuits against other members of the league. Doing so would be grounds for the member to have its license revoked.


The headline says the the DPL is designed "to protect innovators from trolls," but this does nothing against trolls. In fact, it leaves companies in a position where they can still summon or recruit trolls to do their fighting against fellow DPL members. This whole approach is a waste of time and a distraction. The real solution is to probe and potentially arrest Apple and Microsoft executives for their abuses (there are laws for that, but we never expect them to be enforced against affluent people), then annul all software patents.

As we are cynical about the way laws are constructed and applied (lobbied by the rich to protect the rich), we expect nothing of that sort to happen. In the United States, software patents are unlikely to vanish soon and just as no bankers got arrested for embezzlement, fraud, deception, and so on, we expect no high-tech executive to be arrested or even fined for mafia-like tactics.

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day