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

06.29.12

Android Distribution and Freedom Challenged by Apple and Microsoft’s Co-founder

Posted in Apple, Microsoft, Patents at 9:09 am by Dr. Roy Schestowitz

Apple disallows Android imports

Locomotive

Summary: The litigation war of Steve Jobs leads to embargo of Linux-powered tablets and Paul Allen continues patent-trolling

WHEN Apple had its patent assault on Motorola (Android) thrown to the bin a Microsoft booster called it “patent sanity” and Christine Hall called it “Good News On the Patent Front”. The latest news, however, suggests that a US judge let Apple proceed with its outrageous embargo attempts. To quote:

The US patent and legal system is screwed, no doubts about it. There is good news and bad news. The bad news first, Judge Lucy Koh has granted Cupertino’s request to stop the sales of the Galaxy Tab 10.1 in the US. According to the order details, Judge ordered the injunction on the grounds of design patents.

What on Earth is a “design patent”?

Remember that Apple faked 'evidence' in an attempt to stop sale of those devices; not surprising for a company with sheer disregard for the truth and no integrity at all (better to boycott it).

Incidentally, Microsoft’s co-founder, who sued over Android, is still going. As Groklaw summarises it:

The Court has lifted the stay in the case of Interval Licensing against AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube. (269 [PDF; Text]) Acknowledging that the U.S. Patent and Trademark Office has already affirmed all of the asserted claims of the ’652 patent and is all but certain to do so also with respect to the ’314 patent, the Court says it is time to move this case along.

For all of those who have enjoyed the outcome in the Oracle v. Google case, expect this one to be far different. In the Oracle case the Court narrowed the number of claims that Oracle was allowed to assert and Google was able to persuade the USPTO that a number of the remaining asserted claims were invalid. That is not going to be the case here. Interval Licensing has been far more selective in deciding what to assert and has reason to be confident that, at a minimum, an invalidity defense will not work. Interval has also been far more specific in the Interval complaint than Oracle ever was in the Oracle complaint as to the basis for the infringement assertions.

It is also a bit hard to take a shot at Interval as being a troll. While many (most?) of us don’t care for so-called software patents, Interval did not acquire these patents. The patents all come from individuals who were employed by Interval at the time of invention.

Since an invalidity defense is unlikely to be successful, the parties here are going to have to establish that they did not infringe these patents. That is not an impossible task, but given the care that Interval has taken in deciding which patents to assert, the task will be formidable.

The patent mess is far from gone and the loser is everyone but very few. Developers are not the only ones affected by it; the public at large suffers without realising it. Over the weekend I will upload a lot of my code which is most likely infringing on some software patents, but it’s impossible to know how many and which ones. The patent system is a clearly farce when even one-man projects can infringe on many patents, using a keyboard and a mind, or even pen and paper (business methods). Products are actually being blocked, not just taxed, simply because different people have similar ideas.

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

A Single Comment

  1. walterbyrd said,

    June 30, 2012 at 12:26 pm

    Gravatar

    Apple’s second victory in a week against Android devices

    Sale of Galaxy Nexus Banned in the US

    June 30, 2012

    http://www.washingtonpost.com/business/industries/us-judge-bans-sales-of-samsungs-galaxy-nexus-phone-during-apple-trial-follows-tablet-ban/2012/06/30/gJQACn6ADW_story.html

    The story is also on slashdot. Here is comment from slashdot:

    ————————-

    I work for Google and I’ve seen how my colleagues have consistently worked long hours to innovate and create new features. The Galaxy Nexus is an amazing phone. It’s thin, and light, and doesn’t even have any hardware buttons on the front at all – yet Apple still are not happy. If you can’t see why you’re blind.

    Apples goal is not to get competitors to “design around” their patents. This has happened several times already, the Samsung Galaxy 3 has even been called out by tech review sites for having a “lawyer approved design” (it’s not rectangular, it does not have slide to unlock, etc). Apple keep coming, with newer and even more stupid patents, because their goal is not individuality, it is the utter destruction of all competitors. Steve Jobs himself said that in words so clear nobody can re-interpret them.

    What’s more, it’s very hard to make an Android phone that doesn’t share design elements with the iPhone these days, because Apple has copied Android many times in the past few years, for example, its notifications tray is identical to the design that first shipped in Android 1.0, and inferior to the one shipping in Jellybean. Android 1.0 also shipped with a universal search box and pluggable API for it, it shipped with suspend

What Else is New


  1. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    Links for the day


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