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

08.13.12

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

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 4:29 am by Dr. Roy Schestowitz

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. ;-)”

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

3 Comments

  1. mcinsand said,

    August 13, 2012 at 11:08 am

    Gravatar

    The way she gave Apple free passes left and right but threw up brick walls against Samsung when they tried to present their side, I think we can say we have a cultmember at the bench. It’s a shame Samsung can’t sue her, because they will have to appeal, to spend more in legal fees and time lost, to get an even-handed judge.

    Michael Reply:

    LOL! The whole world is on Apple’s side… some big cult of people who are more satisfied with their devices than people using any other competing device.

    Give it up. There is no cult-like leader for Apple like there is with Stallman and his followers. Even when Jobs was around he was not pushing the same type of moral double-talk crusade that Stallman pushes… he mostly talked about usability issues.

    When he did talk about moral issues it was largely about how he wanted to see DRM become a thing of the past and the like – things the open source community should be celebrating him (and Apple) for.

    The level of hatred for choice in the open source community, or, really, in the small subset of that community who follows the repulsive Stallman, is just amazing.

  2. Michael said,

    August 13, 2012 at 2:10 pm

    Gravatar

    Apple is, apparently, winning this case… because they have the data to back up their claims. The Samsung documents showing the screen-by-screen comparison was pretty much the nail in the coffin for Samsung’s defense.

    Samsung plagiarized Apple, and not in a subtle or accidental way but in a focused and purposeful way because they knew the Apple products were better. Such activity *is* wrong and should be treated harshly by the law. It is one thing to learn from the competition – that is a good and healthy thing – but to out and out copy as Samsung does, changing just enough to *try* to give it an “out” when called on its behavior… no, that is wrong and I hope they face stiff penalties for their actions.

What Else is New


  1. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  2. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  3. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  4. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  5. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  6. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  7. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  8. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)



  9. IRC Proceedings: Saturday, November 09, 2019

    IRC logs for Saturday, November 09, 2019



  10. Thick Skin Makes Strong Communities

    Learning to coexist with people who don't agree on everything is a strength and successful societies encourage that (the alternative is blind conformity on all matters)



  11. Training (Proprietary Software) Versus Teaching (Free Software)

    Education necessitates software freedom — a fact that companies like Adobe, Apple and Microsoft try hard to distract from



  12. The Linux Foundation Brought as Keynote Speakers People Vastly Worse Than Those Whom It Now 'Cancels' for Purely Political Reasons

    A lot of people are very upset about the Linux Foundation's alleged 'witch-hunt' and even press coverage has caught up with the outrage; but our position is that it distracts from vastly bigger Linux Foundation scandals



  13. An Open Letter to Richard Stallman

    "It's past the time for the official cornerstones of the Free software movement to return to their full operational capacity, and to take the gear out of neutral."



  14. Links 9/11/2019: Linux Journal Goes Dark (Offline), KStars 3.3.7, OpenSUSE Name Change Aborted

    Links for the day



  15. Think Tanks, Bristows, 'Simmons' and 'Birds' Can Only Ever Lie to Us About the Dead Unified Patent Court (UPC)

    The UPC is a dead bird, but lobbyists of the litigation giants would have us believe otherwise, in “In-depth Analysis” which is anything but (it's just propaganda with the veneer of officialism)



  16. The EPO's Management is Trying Really Hard to Distract the Media From EPO Unrest (and It Has Been Partly Successful)

    We take a look at the profoundly bad situation at the EPO (examiners unable to do their job properly because of rogue leadership); we also reexamine how media covered — or rather refused to cover — this urgent issue



  17. Microsoft's 'Safe Spaces'

    The 'new' and 'ethical' Microsoft that offers us all a 'safe space'



  18. 'Artificial Intelligence' (AI) Will Only Doom Patent Offices If It's Used to Stamp Millions of Invalid Patents (IPs)

    The Artificial Intelligence (AI) craze is being used as an excuse or as a pretext for granting loads of patents on mathematics and statistics (maths and stats aren't permissible or eligible for patent coverage); by calling just about everything "Artificial Intelligence" (or AI, or "hey hi!") they hope to mislead examiners, who are also being presented with new guidelines full of these buzzwords



  19. Need More Questions

    Pedophilia-centric scandals associated with Bill Gates or people working for Bill Gates don't interest the media anymore; people shy away from the possibility of 'embarrassing' the so-called 'philanthropist', celebrated by the media he is sponsoring



  20. IRC Proceedings: Thursday, November 07, 2019

    IRC logs for Thursday, November 07, 2019



  21. Helps to Have Connections and Operate at a Loss Just to Drive the Competition Out of the Market

    Microsoft still uses the same anticompetitive tactics and outright illegal tactics such as bribery, but we're supposed to think Microsoft is run like a charity



  22. Startpage Shows Sheer Hypocrisy After Selling Out and Betraying Privacy (Corrected)

    After more than half a decade of using and advocating Startpage I've come to realise it's a spying operation and Startpage hopes nobody will notice



  23. Former Mayor of Munich Explains How Microsoft Hates Linux

    Christian Ude speaks in a new interview about what Microsoft did in Munich and elsewhere in Europe in order to undermine GNU/Linux and impose Microsoft Windows on everybody, together with all the spyware Microsoft provides for it (likely violation of privacy laws)



  24. Linux Journal is Offline, But the Articles Will Come Back

    Linux Journal may be offline (since just before the weekend), but the articles will come back one way or another



  25. Links 8/11/2019: Ubuntu MATE 19.10 Reviewed, FreeBSD Migrating to OpenZFS

    Links for the day



  26. Nobody Should Believe Bill Gates and the Media He 'Sponsors' (Bribes) Anymore

    No matter how hard Bill Gates and his legion of lawyers/PR people try to divert the media's attention away from his Epstein scandal, it keeps coming back



  27. IRC Proceedings: Thursday, November 07, 2019

    IRC logs for Thursday, November 07, 2019



  28. System1 (Company Behind Startpage, Dogpile, WebCrawler, MetaCrawler and More) Calls Surveillance “Privacy”

    Surveillance seems to have become so fashionable that its purveyors and intermediaries (sending one's data to Microsoft, Google and so on) have a sense of humour strong enough or sufficient to call that "privacy"



  29. Links 8/11/2019: Rust 1.39.0 and KDE Applications 19.08.3

    Links for the day



  30. MIT Suggestions

    Sometimes things are too ugly to talk oneself out of; so a distraction is urgently needed


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