Bonum Certa Men Certa

Android/Linux in the Age of Patent Trolls, Software Patents, and Frivolous Litigation


Jobs image licensed under the GNU Free Documentation License (version 1.2 or any later versions); Ellison patch By Thomas Hawk



Summary: News update about the US patent system and the largest lawsuits against Android

THE Android platform is soon being recognised by all and quickly becoming the centre of development, alongside iOS and Windows for the most part. Linux is no longer a marginal and marginalised kernel; it cannot be marginalised. Android is said to be heading towards desktops, but it is all quite speculative although Google once said that it would try to sort of merge Android and ChromeOS, leveraging acquired dominance of one to ensure another. So Android might be poised to destroy Windows, on the desktop too.



"So Android might be poised to destroy Windows, on the desktop too."Android is being attacked by Apple and Microsoft, primarily through patent litigation. There is legislation in the pipeline that can bring change, but until it does, we expect the duopoly to attack Android, sometimes by proxy (patent trolls).

We count not on the suggested reform (the bill can be shot down) because although the US public would overwhelmingly support it, parliament is funded by and run by corporations. Unless members of Congress have their career jeopardised (like in the case of ACTA or SOPA), they are likely to silently vote against public interests. Patent lawyers too remain the well-funded parasites with their nonsensical propaganda, producing the usual nonsense and claiming that "growth" comes from monopolies (patents). Here is a new example of this type of propaganda. The government is now giving more money to patent lawyers in Ireland, based on this new report titled "Tax break for patents a vital step in stimulus". Oh, really?

To quote a part of the article: "Coulter, who is the managing partner of Tughans, one of the North’s largest commercial law firms, says there are five key aspects to the patent box that Northern Ireland companies should bear in mind..."

Why should we take the word of lawyers? They are not the producers of anything, they are merely the leech here (no offence to leeches intended).

While some are somewhat reformed in their views, others show their real zealotry for software patents. We named some of them before.

So anyway, Oracle lost the biggest case against Android and it will retry, as expected. "Oracle has now filed its Opposition," writes Pamela Jones, "to Google's motion for a Rule 50(b) judgment as a matter of law or, in the alternative, for a new trial. This is all about rangeCheck, those 9 lines of code. Is rangeCheck, as Google argues, de minimis as a matter of law? Oracle argues not, and in fact, up to now, Oracle's arguments prevailed."

"Unless members of Congress have their career jeopardised (like in the case of ACTA or SOPA), they are likely to silently vote against public interests."In Apple's case against Samsung there are parasites too. The only major winner here is the patents profession, which mostly comprises lawyers. Jones, a paralegal, writes: "I want to show you a little trick that will help you understand trial testimony. I'll use Apple's Trial Brief [PDF], which we have now as text, in the Apple v. Samsung litigation, just because it's current, but this works with any civil trial. Then I want to show you, again using Apple's trial brief, why Samsung may have felt it needed to stir things up a bit last week.

"You have probably seen articles in the media about the testimony of Phil Schiller and other recent Apple witnesses, where some seemed to wonder why the lawyer wasn't asking questions with more punch. Why go on and on about ad campaigns and how much money they spend on it? It may be interesting. But what does it prove? Why should the jury hear about that? Why does the lawyer ask about ad campaigns in a trial about patents, design patents, and trade dress? I'd like to show you."

As Mr.Pogson puts it, Apple got caught lying and to quote his points:

* Joswiak’s declaration to the court in Apple v Samsung:“The surveys reveal, country-by-country, what is driving our customers to buy Apple’s iPhone products versus other products such as the Android products that Samsung sells, what features they most use, our customers’ demographics and their level of satisfaction with different aspects of iPhone.” * Apple looked at rounded corners produced by Sony years before iThingies had them…“The Walkman digital-music player recently got a makeover. Its corners have been rounded out, “ * Samsung developed rounded corners before iPhone was released despite Apple telling the world that Samsung copied Apple. * There’s plenty of evidence Apple also recycled others designs… I remember Braun. They had lots of rounded corners.

Well, Apple, Samsung both claim innovator status in opening of patent trial, but what about other companies that inspired both? As Wired puts it, "Samsung’s attorney Kevin Johnson eventually got his turn to question Forstall. Johnson focused on internal Apple documents to illustrate how Apple looked to competitors, particularly Samsung, for inspiration."

Of course. Apple's spiritual leader (and the man behind the patent aggression) admitted that Apple had been shameless about such behaviour. To quote: "We've always been shameless about stealing great ideas."

"But Apple erected more walls around its garden."Recently, Apple was seen deviating from UNIX after it had imitated it and took away (one must say "stole) it. Here is the latest: "OS X Mountain Lion not only ships without X11, but actually removes X11 from your computer when you upgrade. If you're not familiar with X11, it's a networked graphical user interface that geeks and systems administrators alike use all the time, every day to connect to and run various UNIX applications. It might not sound like a mainstream feature, and it isn't, but it's something that let me and people like me do our jobs using the Mac. It let me connect to work via ssh and use X11 forwarding to view terminal applications, use tsclient, vnc etc... It let me be an Apple customer. And now it's gone.

"My roots in UNIX and Linux, and I've always enjoyed using and tweaking them to my hearts content, from Gentoo, to FreeBSD to Ubuntu. A couple of years ago, I got tired of the tweaking and just wanted a beautiful Unix experience out of the box, where I could use Terminals, ssh connections, and X11 to keep getting work done, but have all the bells and whistles of a commercial operating system as well. I went with Mac OS X due to it’s BSD lineage and because it looked nice too. I could stay in Terminal all day, and enjoy the experience."

But Apple erected more walls around its garden. It no longer feels like it needs to play nice. It took the code of volunteer developers; now that it's big Apple is essentially suing the work of some of these developers.

Recent Techrights' Posts

Rewriting Things in Rust
How far would you go?
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
 
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day