Bonum Certa Men Certa

Judge Koh Bamboozled by Apple to Block Computing Freedom, Should Penalise Apple for Contempt of the Court

Courthouse



Summary: Apple benefits from ignorance of judges, to whom Apple's fabricated evidence seems compelling

JUDGE Koh is the latest thing for Apple to latch onto. As Pamela Jones put it, politely, "I think the judge may have been mistaken about what has to be on that phone's home page, or she just has negative ideas about Samsung. Or maybe everyone is feeling too much stress. I have three photographs to show you from doing a simple search on the Web, three of that very phone with no Google Search box and one with it. Apparently it varies. Nobody is doctoring anything. It's just a lack of tech fu in this picture."



What Apple is trying to do is essentially embargo Android/Linux, whereas Microsoft signs extortion deals like this latest one by threatening litigation.

The Microsoft booster, just like sneaky lobbyist, bolsters Apple's case against Android because they both just cannot stand Linux/Android (Apple loses its grip). Apple and Microsoft are in the same camp when it comes to patents as this new article about Kodak shows. To quote: "In the auction, Apple has teamed up with Microsoft Corp. and patent aggregation firm Intellectual Ventures Management LLC" ("'patent aggregation' is a new euphemism for trolling," iophk notes). We'll write about Intellectual Ventures in the next post. Bill Gates is involved in this too.

"Apple and Microsoft are in the same camp when it comes to patents..."Speaking of the lobbyist, here is what Google's Bray had to say about him: "There’s this blog called FOSS PATENTS written by a Florian Mueller, and when a software-patent-related issue heats up, reporters often seek out his comments for their stories. I’m not sure this is a good idea, and I’d like to offer some evidence; articles he wrote on a currently-hot story back in October 2010 and November 2010. This is a small but representative sample of his (many) offerings on the subject.

"I’m not mad at Florian, who has every right to publish his opinions. I am a little irritated with the media for passing on those opinions so uncritically, and think the time for that has passed."

Apple presents fake evidence, whereas Microsoft presents none. As this report helps remind us, Apple is still manipulating and tampering with evidence. To quote: "Is Apple too fond of Photoshop? The company was accused of manipulating Galaxy Tab images in its German trial, and now once again the same issue has popped up in its legal battle with Samsung in the US.

""Samsung accused Apple of tampering with the icon layout of one of its phones to look more like the iPhone," reports The Verge. Apple presented an image of Epic Touch 4G which shows the icon layout to be similar to that of the iPhone. Samsung objected that the image doesn't represent the 'out-of-the-box' state of the phone. The company presented it's own photo of the phone which clearly demonstrated a completely different layout.

"The Judge Koh did not like that objection and instead asked the legitimation of Samsung's image. She raised questions like: "Why does your homescreen not show the Google search box when you're telling me the phone has the Google search box." She also pointed that while Samsung said the image was taken yesterday the screenshot shows a different date. She then overruled Samsung's objection."

"Apple presents fake evidence, whereas Microsoft presents none."So Koh should really just penalise Apple for contempt of the courtroom. Apple likes to pretend to be the victim, but Apple is simply the aggressor. Based on some reports, with more ridiculous patents (and perhaps Kodak's in the pipeline), Apple also wants an Android tax. As Jan Wildeboer explains, Apple wants to use the courts to tax and profit from Android. To quote: "So we know that Microsoft wants a $12-15 patent tax on Android devices and now we learn that Apple would like to have $30 per phone and $40 per tablet for some of its patents. Thus even the cheapest smartphone must make enough revenue to pay the $45 for the MSFT and Apple patents. This is ridiculous. And at the same time Apple and Microsoft do the sweet talk on FRAND licensing? Fair, Reasonable and Non-Discriminatory? Do they ever look in the mirror? Must stay calm. Want to smash some stuff. Very angry I am. ;-)"

Comments

Recent Techrights' Posts

Small Codebase is Typically Safer (More Aftermarket Snakeoil Means More Holes)
Rust is just more code
Spending Christmas Pasting Microsoft's Chatbot Garbage - Anti-Linux and Anti-BSD FUD - Into LinuxSecurity.com (Under the Guise of 'Article')
In 2025 we need to tackle this problem
 
Happy Birthday to Linus Torvalds (55)
he's not the "git" which bashers and haters say he is
'LaunchLibre' and Introducing People to Software Freedom While They're Still Young
announcement from "carmenmaris"
With 5 Days Left (Sans Time Extension, Which is Expected) FSF Has Already Raised 60% of the Money It Sought
Technically 59.6485%
Links 27/12/2024: Ongoing Demise of Real Healthcare, Gemlog Cleanup, Fingers Point to Russia After Passenger Plane Crash
Links for the day
Links 27/12/2024: Perfect Desk, Banning Cellphones, Many Cables Cut Near Finland
Links for the day
Gemini Links 27/12/2024: Slop and Self-hosting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 26, 2024
IRC logs for Thursday, December 26, 2024
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day