08.05.12

Apple Uses Koh for Android/Linux Embargo Strategy

Posted in Apple, GNU/Linux, Google at 9:49 am by Dr. Roy Schestowitz

Samsung phone

Summary: Apple uses patents and misguided judges to ban products resembling Sony phones, i.e. similar to designs that are not even Apple’s

THE cult of Steve Jobs is hoping to prevent the public from seeing how ridiculous its case really is. It’s an insult to science and technology. “Samsung yesterday angered the judge Lucy Koh as they released material about rejected evidence to the press. Samsung was rejected the evidence, which it thinks is critical for this case, as the judge said was submitted too late to show to the jury. Samsung had requested the judge couple of times to include the evidence , but to no avail. Yesterday when the evidence in question, Samsung phone F700, was displayed in an Apple slide Samsung argued that Apple has opened the door to discussion of the F700 and asked the judge to reconsider. But the judge rejected and warned that “Don’t make me sanction you.””

“It’s an insult to science and technology.”Koh has been one of the most Android-hostile judges so far, unlike Posner [1, 2].

Here is Apple latching onto Koh again: “Apple now wants Judge Koh to issue a verdict announcing victory of Apple in this case and that all of Apple’s patents are valid and Samsung infringed upon them. The reason for this ‘request’ is the rejected evidence (because the judge said it was submitted late) which Samsung released to some members of press on request.

“The Verge reports, “Apple respectfully requests that the Court sanction Samsung by granting judgment in favor of Apple on its claim that Samsung infringes Apple’s phone design patents, and granting judgment that those patents are not invalid.””

As Pamela Jones put it: “Apple wants to win by sanctions. It is asking the judge to declare, as a sanction, that Apple’s design patents are valid and that they are infringed. Legal experts, Howard Minz reports at the Mercury News, are calling it a long shot.

“Cook is one of the mightiest patent aggressors, with his aggression going back to the days of threats against Palm.”“Can you imagine if Apple establishes a ruling that its design patent of a rectangle with four rounded corners is valid and infringed, without a trial, just by judicial fiat — as a punishment because a lawyer made a statement to the press? Apple would lose its cool factor, that’s for sure, not to mention going down in history as the King of Legal Ickdom. Move over, Microsoft. Apple is aiming for the gold in this category, and your record as the worst ever is being challenged.”

Here is Samsung’s response that helps show which “Apple [is] The New SCO and Samsung is a bit like Novell. “Samsung has filed a motion to strike in response to Apple’s request,” it says.

Cult leaders from Apple weigh in: “With Apple (AAPL) legend Steve Jobs gone and current CEO Tim Cook conspicuously absent, Apple on Friday put two of its rock-star executives on the stand as ammunition in its multibillion-dollar patent showdown with Samsung, including a software guru who assembled the design team for the original iPhone.”

Cook is one of the mightiest patent aggressors, with his aggression going back to the days of threats against Palm. This aggression goes all the way to the top. The bottom line is, Apple has become just about as anti-competitive as Microsoft; we need to end software parents to strike the problem at its root.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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

What Else is New


  1. IRC Proceedings: Friday, November 27, 2020

    IRC logs for Friday, November 27, 2020



  2. Links 27/11/2020: Jolla is 7, Diffoscope 162, MNT Reform Production

    Links for the day



  3. The Time Coronavirus Helped EPO Management Prevent Staff From Protesting and Going on Strike (March 26th)

    "In view of the spreading of the New Corona Virus, the planned General Assemblies have to be cancelled," the Staff Union of the European Patent Office (SUEPO) wrote in the wake of the crisis across Europe back in March (weeks ahead of a planned strike)



  4. Guarding Your Privacy With E2EE: Primer

    "As with all security, there is assumed risk no matter how careful you are. There are no security guarantees but that doesn't mean you shouldn't try."



  5. Links 27/11/2020: Systemd 247 and Cockpit 233

    Links for the day



  6. A Free Speech Deficit Harms Software Freedom

    Free software and Software Freedom cannot possibly succeed if we keep accepting or even just tolerating systematic censorship of opinionated people in our community; failing to speak out on this matter (for fear of supposedly offending someone, risking expulsion) is part of the problem — complicity by passivity



  7. Perception of Difficulty

    New poem by figosdev



  8. IRC Proceedings: Thursday, November 26, 2020

    IRC logs for Thursday, November 26, 2020



  9. Cartoon: After Gambling With Workers' Savings the EPO Can Do Real Estate

    New EPO cartoon from EPO insiders (the one on the right certainly looks a lot like António Campinos and the one on the left can be his EUIPO ‘import’ or Benoît Battistelli‘s INPI ‘import’)



  10. Free as in Freedom Should Not be Associated With Cost

    It's important to remind people that so-called 'free' services (Clown Computing, centralised spaces that 'farm' their so-called 'users') aren't really free; we need to advocate freedom or free-as-in-freedom alternatives



  11. [Meme] UPC's Pyrrhic Victory

    Contrary to what Team UPC says, what happened earlier today is hardly a breakthrough



  12. Many Thanks to Free Software, the Demise of Software Patents (in Europe and the US), and So Much More

    On a positive note we're heading into the end of November, one month before Boxing Day; we take stock of patent affairs that impact software developers



  13. Links 26/11/2020: PHP 8.0, Proxmox VE 6.3, UNIGINE 2.13

    Links for the day



  14. 29,000 Blog Posts and Recent Site Improvements

    Over 29,000 blog posts have been posted here, but more importantly we've made the site a lot more robust and resilient, accessible in more formats and protocols (while improving transparency, too)



  15. [Meme] Trump is Out. Now It's Time to Pressure the Biden Administration/Transition Team on Software Freedom Issues.

    The Biden transition is in motion and tentative appointments are underway, based on news reports (see our Daily Links); now is the time to put pressure, e.g. in the form of public backlash, to ensure it's not just another corporate presidency



  16. Boycott ZDNet Unless You Fancy Being Lied to

    ZDNet's Catalin Cimpanu continues to lead the way with misinformation and lies, basically doing whatever he was doing to land that job at ZDNet (after he had done the same elsewhere)



  17. The UPC and Unitary Patent Song

    On goes the UPC symphony, as the Unified Patent Court (UPC) is almost here, always coming "real soon!"



  18. Open Letter to the German Greens on UPC and Software Patents: Don’t Betray Your Voters and Your Promises, or You Will Regret it

    Dear Members of the German Greens in the Bundestag. By Benjamin HENRION.



  19. [Meme] One Step Away From Replacing Patent Examiners With 'Hey Hi' (AI)

    If it's not legal for 'Hey Hi' (AI) to get a patent, why should it be legal for patents to be granted by those who are invisible (and sometimes in de facto house arrest)?



  20. European Patent Office (EPO) Reduced to 'Justice Over the Telephone' and Decree by E-mail

    The EPO is trashing the EPC and everything that the Office was supposed to stand for, as it wrongly assumes demand for monopolies (typically from foreign corporations) comes before the rule of law and Europe's public interest



  21. Making Free Software Work for Users

    The latest reply to a non-developer concerned about software freedom; guest post by figosdev



  22. IRC Proceedings: Wednesday, November 25, 2020

    IRC logs for Wednesday, November 25, 2020



  23. Links 26/11/2020: AV Linux 2020.11.23 and Blender 2.91 Release

    Links for the day



  24. Links 25/11/2020: GamerOS and Biden Transition in Motion

    Links for the day



  25. An Orwellian December

    With December around the corner and states tightening the screws on the population (or employers on employees) at least we can look forward to spring



  26. The Non-Technical (or Lesser Technical) Software User That Wants Software Freedom

    Assuming that Free software should care about what users — not only developers — really want (and need) it’s important to understand how they view the current situation (with growing waves of corporate takeover and compromises, even expulsions)



  27. The European Patent Office Should be Run by Patent Examiners (Scientists), Not Politicians

    Europe would be better off (and patent quality much improved) had people with an actual grasp of science and reality were in charge of the EPO, not a money-chasing kakistocracy (which is what we have now)



  28. Member of the EPO's Boards of Appeal Explains Why VICOs (or ViCo/Video Conferences/Virtual 'Hearings') Are Not Suitable for Justice

    It's interesting to hear (or see/read) what people inside the EPO have to say about the "new normal" when they enjoy a certain level of anonymity (to avert retribution)



  29. Open Source Initiative (OSI) Co-founder Bruce Perens: Open Invention Network (OIN) is Protecting the Software Patent System From Reform and OSI Approves Faux 'Open' Licences (Openwashing)

    Richard Stallman was right about the OSI and the fake 'movement' that claims to have 'coined' the term "Open Source" (it wasn't a new term at all; it had been used in another context and the Free software community spoke of things like "Open Hardware" years earlier)



  30. IRC Proceedings: Tuesday, November 24, 2020

    IRC logs for Tuesday, November 24, 2020


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