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


Microsoft is Working to Make Android Non-Free by Extortion, Apple Works to Ban It

Posted in Apple, Microsoft, Patents at 4:51 pm by Dr. Roy Schestowitz

Setting up barriers to freedom

Gated doot

Summary: The duopoly continues its war on Android, with each side adopting a different approach

THE patent extortion by Microsoft continues because small companies give up. To quote one report about the latest, “Microsoft has announced that two more makers of Android-based devices, Coby Electronics and Aluratek, have signed on to the company’s patent licensing programme. Both Coby Electronics and Aluratek make low-cost Android tablets; Aluratek makes an Android 4.0 based tablet called the Cinepad which costs between $150 and $220 and Coby Electronics makes a Android 2.3 based Kyros tablet which retails for as little as $80.”

One reader sent us the link and asked, “what is going on? When will this end?”

“The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales.”The matter of fact is, enough vendors remain which don’t pay Microsoft even a single dime. We have a growing list of companies to avoid. Meanwhile, argues Pogson, companies start to recognise that Microsoft tax is indeed a tax that they need not really pay, not in an age of Linux domination anyway. “Expect to see competition on retails shelves with that other OS getting less shelf-space in the future,” Pogson writes. “Wintel was worried about prices when a PC was ~$1K for a box and the OS cost 15% of the price. Imagine how terrified they are when the OS costs 50% or more of the price of a small cheap PC and on the same shelf a consumer is likely to see $200 and $100 prices for essentially the same hardware with the higher price covering that other OS… When prices are no longer hidden from consumers, choices will be made and M$’s share of the pie will plunge. The ultimate horror for Wintel? Seeing */Linux on all PCs everywhere in retail spaces. The house of cards will have the monopoly-card removed this fall.”

Microsoft is trying to make Android/Linux non-free (non-gratis) as means of deterring manufacturers and shops from making and stocking non-Windows devices. This is not going to work though; in fact, it is already failing because Android continues to grow. The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales. This sheer injustice needs to stop.

Apple in the mean time is trying to altogether embargo some Android devices. Although it has been unsuccessful in the UK, Apple continues its litigation war in continental Europe (mostly via Holland and Germany) and in the US, with the aid of ITC and USPTO.

Reuters says that US politicians assess the effects of such bans. To quote: “The Congress is considering whether companies that hold patents essential to a standard, such as a digital movie format, should be forbidden from asking that infringing products be banned from the U.S. market.”

Andy Updegrove writes more on a related subject: “If you’ve been following the ongoing mobile operating system wars between companies like Motorola Mobility, Apple, Google and Samsung, you may recall that the biggest hammer a patent owner can wield is to prevent a competitor from selling a product. In the regular courts, this is achieved by obtaining an injunction, which is a court order that bars such sales from occurring. In this situation, the patent owner claims that it can’t be adequately compensated after the fact by damages.

“Recently, a judge in the Apple case questioned software patents as a whole.”“But the US courts haven’t been favorable to this approach since a key Supreme Court ruling in 2006, leading companies to seek an alternate route to a similar result: a judgment by the International Trade Commission (ITC), barring the competitor from importing any product into the U.S. that infringes on the patent. If that patent is essential for implementing a standard that is, in turn, essential to performing the device’s function, then you’ve effectively barred its competitor from being a competitor at all – at least in the U.S.”

Over at Groklaw, professor Mark Webbink covers another case which can have a profound effect on patenting in the US. “In a split decision of a three-judge panel of the Federal Circuit in CLS Bank International and CLS Services Ltd v. Alice Corporation Pty. Ltd.,” he writes, “the Court once again established that it has no clue what is or is not patentable subject matter. (CLS [PDF; Text]). The majority opinion written by Judge Linn again returns to the favored theory of the diehards on the Federal Circuit that almost anything involving a computer is patentable. The dissent, provided by Judge Prost, criticizes the majority for, for all intents and purposes, ignoring the recent rulings of the U.S. Supreme Court, and in particular the Prometheus decision.”

Recently, a judge in the Apple case questioned software patents as a whole. At the moment, the best we can do it impede the spreading of software patents — a subject we’ll cover in a later post about Europe.

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


  1. walterbyrd said,

    July 14, 2012 at 1:04 pm


    July 14, 2012: Samsung’s request for expedited Galaxy Nexus hearing accepted, Apple groups them with “pirates, thieves and counterfeiters”


    Dr. Roy Schestowitz Reply:

    I guess LG should group Apple “pirates, thieves and counterfeiters”.

    Dr. Roy Schestowitz Reply:

    s/group Apple/group Apple with/

  2. walterbyrd said,

    July 14, 2012 at 1:05 pm


    July 14, 2012: Apple Sends Cops To Seize Galaxy Nexus, Tab Bought After Ban


    Mikko Reply:

    satire website

    Dr. Roy Schestowitz Reply:

    Apple’s past behaviour makes it harder to detect as satire.

  3. walterbyrd said,

    July 14, 2012 at 1:10 pm


    July 13, 2012: Apple sent takedown letters to retailers selling Galaxy Nexus and Galaxy Tab 10.1


    I got the story published on slashdot. It is being discussed now:


    July 14, 2012: Here’s what Apple’s takedown notice to Galaxy Nexus retailers looks like


    Dr. Roy Schestowitz Reply:

    Apple seems quite nervous.

  4. walterbyrd said,

    July 14, 2012 at 1:13 pm


    Somebody alert Apple lawyers!

    Nexus 7: Google tablet takes off as retailers sell out

    GameStop said on Friday it had already run through its first two allocations of the tablet.


    Please join #BoycottApple on plus.google.com

    Dr. Roy Schestowitz Reply:

    Thanks for the links. I will use them.

What Else is New

  1. The Latest EPO Spin: Staff Protesters Compared to 'Anti-Patent Campaigners' or 'Against UPC'

    Attempts to characterise legitimate complaints about the EPO's management as just an effort to derail the patent office itself, or even the patent system (spin courtesy of EPO and its media friends at IAM)

  2. The Serious Implication of Controversial FTI Consulting Contract: Every Press Article About EPO Could Have Been Paid for by EPO

    With nearly one million dollars dedicated in just one single year to reputation laundering, one can imagine that a lot of media coverage won't be objective, or just be synthetic EPO promotion, seeded by the EPO or its peripheral PR agents

  3. EPO: We Have Always Been at War With Europe (or Europeans)

    The European Patent Office (EPO) with its dubious attacks on free speech inside Europe further unveiled for the European public to see (as well as the international community, which oughtn't show any respect to the EPO, a de facto tyranny at the heart of Europe)

  4. What Everyone Needs to Know About the EPO's New War on Journalism

    A detailed list of facts or observations regarding the EPO's newfound love for censorship, even imposed on outside entities, including bloggers (part one of several to come)

  5. EPO Did Not Want to Take Down One Techrights Article, It Wanted to Take Down Many Articles Using Intimidation, SLAPPing, and Psychological Manipulation Late on a Friday Night

    Recalling the dirty tactics by which the European Patent Office sought to remove criticism of its dirty secret deals with large corporations, for whom it made available and was increasingly offering preferential treatment

  6. The European Private Office: What Was Once a Public Service is Now Crony Capitalism With Private Contractors

    The increasing privatisation of the European Patent Office (EPO), resembling what happens in the UK to the NHS, shows that the real goal is to crush the quality of the service and instead serve a bunch of rich and powerful interests, in defiance of the original goals of this well-funded (by taxpayers) organisation

  7. Microsoft Once Again Disregards People's Settings and Abuses Them, Again Pretends It's Just an Accident

    A conceited corporation, Microsoft, shows not only that it exploits its botnet to forcibly download massive binaries without consent but also that it vainly overrides people's privacy settings to spy on these people, sometimes with help from malicious hardware vendors such as Dell or Lenovo

  8. When the EPO Liaised With Capone (Literally) to Silence Bloggers, Delete Articles

    A dissection of the EPO's current media strategy, which involves not only funneling money into the media but also actively silencing opposing views

  9. Blogger Who Wrote About the EPO's Abuses Retires

    Bloggers' independent rebuttal capability against a media apparatus that is deep in the EPO's pocket is greatly diminished as Jeremy Phillips suddenly retires

  10. Leaked: EPO Award of €880,000 “in Order to Address the Media Presence of the EPO” (Reputation Laundering)

    The European Patent Office, a public body, wastes extravagant amounts of money on public relations (for 'damage control', like FIFA's) in an effort to undermine critics, not only among staff (internally) but also among the media (externally)

  11. Links 27/11/2015: KDE Plasma 5.5 Plans, Oracle Linux 7.2

    Links for the day

  12. Documents Needed: Contract or Information About EPO PR/Media Campaign to Mislead the World

    Rumour that the EPO spends almost as much as a million US dollars “with some selected press agencies to refurbish the image of the EPO”

  13. Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

    Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public...”

  14. Saving the Integrity of the European Patent Office (EPO)

    Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

  15. A Call for Bloggers and Journalists: Did EPO Intimidate and Threaten You Too? Please Speak Out.

    An effort to discover just how many people out there have been subjected to censorship and/or self-censorship by EPO aggression against the media

  16. European Patent Office (EPO) a “Kingdom Above the EU Countries, a Tyranny With ZERO Accountability”

    Criticism of the EPO's thuggish behaviour and endless efforts to crush dissenting voices by all means available, even when these means are in clear violation of international or European laws

  17. Links 26/11/2015: The $5 Raspberry Pi Zero, Running Sans Systemd Gets Hard

    Links for the day

  18. EPO Management Needs to Finally Recognise That It Itself is the Issue, Not the Staff or the Unions

    A showing of dissent even from the representatives whom the EPO tightly controls and why the latest union-busting goes a lot further than most people realise

  19. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  20. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  21. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention

  22. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  23. Links 25/11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  24. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  25. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  26. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  27. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  28. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  29. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  30. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions


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


Recent Posts