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

07.12.12

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

10 Comments

  1. walterbyrd said,

    July 14, 2012 at 1:04 pm

    Gravatar

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

    http://phandroid.com/2012/07/14/samsungs-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

    Gravatar

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

    http://www.damnocrazy.com/4/apple-sends-cops-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

    Gravatar

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

    http://www.theverge.com/2012/7/13/3157505/apple-retailer-galaxy-nexus-tab-10-1-takedown-order

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

    http://apple.slashdot.org/story/12/07/14/1239250/apple-tells-retailers-to-stop-selling-certain-samsung-devices

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

    http://www.imore.com/heres-what-apples-takedown-notice-galaxy-nexus-retailers-looks

    Dr. Roy Schestowitz Reply:

    Apple seems quite nervous.

  4. walterbyrd said,

    July 14, 2012 at 1:13 pm

    Gravatar

    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.

    http://newyork.newsday.com/news/nation/nexus-7-google-tablet-takes-off-as-retailers-sell-out-1.3837912
    —–

    Please join #BoycottApple on plus.google.com

    Dr. Roy Schestowitz Reply:

    Thanks for the links. I will use them.

What Else is New


  1. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  2. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  3. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  4. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  5. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  6. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  7. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  8. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  9. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  10. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  11. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  12. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  13. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  14. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  15. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  16. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  17. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  18. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  19. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers



  20. PATENT Act No Longer in the News... and That's Just Fine

    Putting the PATENT Act aside for the time being, for it has little or no impact on the really problematic patents



  21. The Latest Lies From Microsoft's PR Apparatus/Public Face, Mr. Nadella

    Having spread the outrageous lie that “Microsoft loves Linux” (whilst obviously attacking it in many ways), Microsoft's CEO (essentially Bill Gates' right-hand man) says Microsoft is “one of the biggest contributors to Linux kernel” (because of proprietary software it tries to contaminate it with while violating the terms of the GPL)



  22. Microsoft Jack (Schofield) Promotes Microsoft's Proprietary Lock-in and Calls People Who Recommend Free/Libre Software 'Trolls'

    Jack Schofield, writing for a Bill Gates-funded paper despite claiming to have retired, promotes Microsoft Office and insults all those readers who do not agree with him



  23. The Council of Europe Slams the EPO as Political Pressure Grows for EPO Management to Obey the Law

    Battistelli et al. come under yet more fire as politicians -- many of whom from Battistelli's home country -- become better informed of the EPO's management fiasco, abuses, and scandals



  24. Operating Systems Usage Based on Technical Site Statistics

    ome numbers to show what goes on in sites that do not share information about their visitors (unlike Windows-centric sites which target non-technical audiences)



  25. Links 27/6/2015: Wine 1.7.46, SparkyLinux 4.0

    Links for the day



  26. Proprietary Software on Top of Proprietary Software (AV on Windows) Only an Illusion of Security

    Remarks on the recent revelations about code and communication interceptions targeting insecurity firms and Microsoft's claim that 'transparency' alone would be enough to assure security



  27. The EPO's Circus of Nepotism, Corporatism and Gross Abuse is Promoting the Unitary Patent

    The shameful management of the EPO, which Benoît Battistelli constructed based on his nefarious self-serving agenda, keeps pushing forth in a direction that greatly harms European citizens while mistreating the EPO's technical staff (scientists and examiners)



  28. Links 26/6/2015: Ardour 4.1, GNOME 3.17.3 Released

    Links for the day



  29. An Estimated 1,000 EPO Staff in Munich Demonstrated Against EPO Management Yesterday Afternoon

    Earliest coverage of yesterday's protest against EPO corruption and abuses



  30. Microsoft Windows So Insecure That Even Fonts Are Remotely Exploitable

    Windows userbase is once again under serious threat and high risk because something as simple as fonts (rendering of text/pixels on the screen) isn't done securely in 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