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 20/7/2014: Jolla in India, Mega Censored in Italy

    Links for the day



  2. Longtime Mono Booster Joins Microsoft-linked Xamarin

    Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin



  3. Linux Foundation Welcomes Patent Aggressor Red Bend Software

    The Linux Foundation's AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software



  4. Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Matthew ('Matt') Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do)



  5. Attacking FOSS by Ignoring/Overlooking Issues With Proprietary Software

    The biasing strategy which continues to be used to demonise Free/Open Source software (FOSS) along with some new examples



  6. Links 19/7/2014: CRUX 3.1 is Out, CyanogenMod Competes With Google Now

    Links for the day



  7. Microsoft's Massive Layoffs Go Far Beyond Nokia; Nokia's Android Phones Axed by Microsoft's Elop

    Microsoft's rapid demise and permanent exit from Nokia's last remaining Linux platform (after Microsoft had killed two more)



  8. Patents on Software Already Being Invalidated in Courts Owing to SCOTUS Ruling on 'Abstract' Patents

    The Federal Circuit Appeals Court has just "invalidated a software patent for being overly abstract," says a patents expert



  9. OpenSUSE 'Community' is Crumbling, AttachMSFT Killed SUSE's Potential (Except as Microsoft Tax)

    Not much too see in the land of SUSE and Attachmate, or formerly the company known as Novell



  10. Links 18/7/2014: Slackware Turns 21, Spotify Switches to Ubuntu

    Links for the day



  11. Links 16/7/2014: Manjaro 0.8.10 Third Update, SIA Migrates to Red Hat

    Links for the day



  12. Microsoft's Latest Round of Massive/Bulk/Large-scale Layoffs

    Microsoft boosters are preparing 'damage control' pieces ahead of massive layoffs at Microsoft



  13. Secrecy Allows British Government to be Manipulated by Microsoft for Spyware Behind Closed Doors

    Dependence on malicious software from NSA ally Microsoft is highly dependent, at least in Britain, on government secrecy and vain refusal to comply with Freedom of Information (FOI) requests



  14. Software Patent Applications Already Being Rejected in the US Owing to SCOTUS Ruling, Some Patent Lawyers Are Fuming

    Good news on the software patents front as the USPTO starts rejecting software patent applications, based on patent lawyers' words



  15. Links 15/7/2014: New Plasma, Google Announces Project Zero

    Links for the day



  16. Interest in Free Software Coverage and 9 Months With Tux Machines

    Thoughts about the level of interest in Free/Open Source software (FOSS) and growth of at least some sites that focus on GNU/Linux



  17. White House Backs Away From Appointing Patents Zealot to Top USPTO Position

    Philip Johnson is no longer poised to become the Director of the USPTO, which is basically an establishment that provides protectionism to primarily US-based corporations



  18. Professor James Bessen Presents the Case Against Software Patents After Important SCOTUS Ruling

    The debate about software patents in the Unites States continues, with academia on one side and greedy patent lawyers on the other



  19. Software Patents Demising in the US as Microsoft Patent Attacks on Android/Linux Suffer a Huge Setback

    M-Cam's assessment of Microsoft's bundle of extortion (using software patents) shows toothlessness, irrespective of the SCOTUS decision to effectively annul "abstract" software patents



  20. Links 13/7/2014: KDE Activity Surge

    Links for the day



  21. Pro-Microsoft Spin in Microsoft-Funded News Networks

    The rogue media (misinformation) campaign of Microsoft benefits from networks which have been paid by Microsoft over the years



  22. Cronyism at Play: European Hostility Towards Free/Libre Software Despite Espionage and Moles

    Europe continues to be held hostage with back doors, lock-in, and massive payments to foreign powers, despite evidence that these powers are destructive and hostile



  23. Wirelessly-Controlled Contraceptives and Other Villainous Bill Gates Initiatives

    Remote controls for people's reproductive systems are now in the making and Bill Gates is a prominent investor in the technology



  24. Links 12/7/2014: CrossOver, New Wine

    Links for the day



  25. Links 10/7/2014: LXLE 14.04 in Headlines, Plasma 5

    Links for the day



  26. OpenDocument Format (ODF) Still Alive and Kicking

    Caligra, WebODF and various influential nations' departure from Microsoft Office will help famous projects such as OpenOffice.org and LibreOffice make ODF the only international standard for editable documents exchange



  27. The Effect of Corporate Media Bias: FOSS Demonisation and Microsoft Openwashing

    A set of very recent examples where the corporate press produces FOSS-hostile articles (or pro-Microsoft articles) by citing biased sources of convenience



  28. The NSA's Top (and First) PRISM Partner, Microsoft, Lies to Governments and Businesses as Office Gets Banned in China

    Developments in China reveal that security and privacy threats posed by reliance on Microsoft are so great that a ban becomes inevitable and continues to expand (Microsoft put on more and more block lists and blacklists)



  29. Microsoft's Propaganda Machine Tries to Shift Security Debate Amid Serious Catastrophes

    Observations and analysis of some recent deception in corporate news sites (like Condé Nasty), trying to pretend that Microsoft is secure, that Microsoft is pursuing security, and that FOSS and Android security or privacy are inherently poor



  30. Despite SCOTUS Ruling, Microsoft Still Extorts Companies and Product Buyers Using FAT Software Patents, Latest Victim is Canon

    Canon and Microsoft sign a patent deal which relates to patents on FAT file systems and impacts some of Canon's products, potentially Linux products as well (Canon makes drivers for Linux but does not develop products with Android or GNU/Linux just yet)


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