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08.20.12

Android Litigation Update

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 9:08 am by Dr. Roy Schestowitz

Android screenshot

Summary: A roundup of cases against Android, especially the one of Apple versus Samsung

THE British press teaches us that Microsoft’s failed mobile platform is facing another major embarrassment. To quote, “Microsoft has temporarily halted the publication of new apps for Windows Phones following a problem with its digital security certificates.”

“Apple has chosen to launch several lawsuits, some of which are high-profile ones.”Despite all those disasters, the Microsoft mole who runs Nokia (and who feeds anti-Android patent trolls excluding Apple and Microsoft from litigation, as they are part of the same patents team and are in bed with Nokia’s patents as more is piled on) is still staying with the two sinking ships, WP7 and Nokia. A former Microsoft worker covers the news and his colleague says that “Apple has gone out of its way to avoid attacking Google head on, instead firing off lawsuit after lawsuit against partners such as Samsung and HTC. That’s because it’s easier to pin blame on the handset makers, who actually generate revenue and profit off of those Android phones, than Google, which gives the operating system away for free and only indirectly generates revenue through mobile advertising. It’s also easier to stack up an iPhone next to a Galaxy S and point to the similarities.”

Here ia an article which is titled “The Number That Shows Why Apple Is Suing Every Android Manufacturer In Sight”. It says: “The eyes of the technology world are focused on the epic patent struggle between Apple and Samsung – the latest iteration of Apple’s frantic legal battle against everything Android. The iPhone maker has also brought suits against Android device manufacturers HTC and Motorola. Apple has faced criticism for its endless lawsuits designed to stunt competition from Google’s Android, but a quick look at Android device shipments in the second quarter of 2012 reveals a key number that suggest Apple is right to worry.

“That number is 68.”

“Apple has been deceiving Judge Koh, who now asks Apple’s attorneys if they’re “smoking crack”.”Apple has chosen to launch several lawsuits, some of which are high-profile ones. Here is a cartoon about how bad Apple’s case is and an explanation of Apple’s fear. To quote SJVN: “Most people like some products, but Apple fans love their products. And, who can blame them? I own an Apple TV, five Macs, an iPad, and two iPod Touches because they’re darn good devices—and I’m a Linux fan. So why is Apple so frightened of Samsung and the other Android smartphone and tablet vendors that it’s trying to sue them into the ground instead of competing with them?

“Apple isn’t just suing Samsung in the US. Apple has sued Samsung around the world. In Australia, Germany, and the United Kingdom and more than two-dozen other countries, Apple has made the same lousy patent design claims: Samsung has stolen the look and feel of its iPhone and iPad.

“These claims are bogus. There’s nothing unique about Apple’s iPad or iPhone designs. That’s not just my opinion. A UK judge told Apple it must tell the world on both its UK . website and in British newspapers that Samsung had not in fact infringed on the iPad’s design.”

“This really ought to end like the case that Judge Posner decided on.”There are claims that “Samsung’s Wang was up 22 hours a day, had no time to copy Apple” and to quote further, contextually,”Samsung fired its opening salvo against Apple’s allegation that the South Korean giant ripped off the iPhone design, and claimed it worked its arse off to develop its own gadgets. At the two tech titans’ ongoing patent trial in the US yesterday, Sammy also argued that Apple’s iProducts are not unique.

“The South Korean firm wheeled out its designer Jeeyuen Wang, who created the icons for the Samsung Galaxy devices. She denied copying Apple’s user interface when she worked on the Galaxy range, and claimed that hundreds of designers worked on the original Galaxy S I.”

Apple has been deceiving Judge Koh [1, 2], who now asks Apple’s attorneys if they’re “smoking crack”. This remark received a lot of attention, but Samsung too was slammed by the judge who seems to show unprofessionalism. To quote one report, “Judge Lucy Koh has been going increasingly terse with both Apple and Samsung as the trial continues, and she just let Apple have it after receiving a 75-page briefing. The document covered 22 potential rebuttal witnesses the company might want to call after Samsung finishes presenting its case. With the jury out of the courtroom, Koh laid into Apple, asking why it would present such a lengthy document “when unless you’re smoking crack you know these witnesses aren’t going to be called!””

“A lot of prior art is presented in this case and Groklaw covered some.”This really ought to end like the case that Judge Posner decided on. Samsung is not making all that much in profits based on outside experts, but Apple just wants to leave people with no choice but iPhone/iPad. The judge challenges apparent exceptionalism: “We’ve seen the tone in the tech world’s biggest patent case take a turn for the worse over the last several days, and the hits just keep on coming. Whether it’s coming from lawyers frustrated by time constraints or verbal lashings from an irrate judge, the negative vibe is everywhere: this thing needs to end…now. Judge Lucy Koh’s frustrations with the parties and the overall progress of the case may have peaked today, but the court is really represented by the combined voice of Koh and her magistrate judge Paul Grewal, and it turns out he has an opinion on the matter as well. In response to an 11th-hour attempt by Samsung to get its own negative inference jury instruction against Apple (Apple has one against Samsung for failing to preserve important documents for trial), Judge Grewal sort of went off — albeit in a poetic kind of way.”

“Touchscreen patents (and bounce-back too) in general are being disputed. “A lot of prior art is presented in this case and Groklaw covered some. To quote Pamela Jones: “When Harry Harrison recently died, it reminded a Groklaw member of the movie Soylent Green, which came out in 1973. One scene has a tablet, in the euthenasia scene with Edward G. Robinson. Except for the detail that it used a sylus in the scene, it is certainly thin and it’s a rectangle with rounded corners and a minimalist simplicity. If you go to YouTube, you can see the tablet, and I have some screen shots of what the tablet looked like. Is this prior art, perchance, foreshadowing the iPad and/or Samsung’s tablets? If not, it surely speaks to obviousness, doesn’t it?

“Why are companies suing each other over an idea this old and this obvious? ”

According to the report “Judge Urges Apple and Samsung to Settle Patent Dispute” (behind a paywall), Apple’s case is not going as well as it expected from Koh and according to some sources, “Samsung started off its case today by going straight at the heart of Apple’s utility patents, showing off two software systems with similar functionality that pre-date iOS altogether.”

“Suddenly it’s Samsung that gets an upper hand and destroys Apple’s arguments.”Touchscreen patents (and bounce-back too) in general are being disputed. To quote:”Samsung continued its defense against Apple’s patent infringement suit in court this week by showing references not considered when Apple acquired its patents on touchscreen technology. Apple has sued Samsung for patent infringement for $2.75 billion in damages, part of which comes from Samsung’s alleged copying of touchscreen features in iOS software. In response Samsung has countersued Apple based on its own patents in wireless 3G technology.”

Apple boosters don’t favour reality and they say: “In a somewhat surprising turn of events in the Apple-Samsung trial, the Korean electronics company claimed today that Apple products infringe on its own software patents. Harvard EECS professor Woodward Yang testified that three different functions in Apple products appeared to be based on those found in earlier Samsung patents.”

Suddenly it’s Samsung that gets an upper hand and destroys Apple’s arguments. To quote: “In front of a jury barely following along with the expert testimony, Apple continued its trade dress and patent infringement case against Samsung in court Friday.

“Rather than focus on development Apple has wasted effort litigating.”“Once again, Judge Lucy Koh needed to interrupt witness testimony to remind the jury they could get caffeine if they needed it.”

The end of the case is near, but there is a standstill as testimonies come to an end, Apple winds up ,and the exchange of blows leaves the courts to decide that neither party — by all likelihood — deserves anything. This will hopefully result in a waste of Apple’s time, just like in the Motorola case that Judge Posner dismissed. Rather than focus on development Apple has wasted effort litigating. It alienated a lot of people too.

Links 20/8/2012: Wine 1.5.11, Frugalware 1.7

Posted in News Roundup at 7:09 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

  • OS4 1.0 “OpenDesktop” has been released

    oberto Dohnert has announced the release of OS4 1.0 “OpenDesktop” edition, a Xubuntu-based distribution targeting legacy 32-bit hardware, ultrabooks and netbooks: “Today we are proud to announce the general availability of OS4 OpenDesktop 1.0. OS4 OpenDesktop is a 32-bit offering that runs on all legacy 32-bit hardware as well as the newer ultrabooks and netbooks.

  • Softpedia Linux Weekly, Issue 213

    · Announced Distro: AV Linux 6.0

    · Announced Distro: SolusOS 1.2

  • Audiocasts/Shows

  • Kernel Space

    • LanyardFS: A New Linux File-System

      A new Linux kernel file-system has been presented, LanyFS, a.k.a. the Lanyard File-System.

      From the patch announcement by Dan Luedtke, “This patch introduces the Lanyard Filesystem (LanyFS), a filesystem for highly mobile and removable storage devices.” The kernel patch then goes on to describe Lanyard FS as “The lanyard file system (LanyFS) is designed for removable storage devices, particularly those small gadgets one would carry around using a lanyard.”

    • KMSCON Is Getting Ready To Kick The Kernel Console

      KMSCON is turning out to be a successful and interesting project with high ambitions of being the leading terminal emulator for Linux while running from user-space.

      Back in March was when I first talked about KMSCON as a DRM-based terminal emulator when the developer, David Herrmann, was inspired by Jesse Barnes’ guide to hacking with EGL and KMS.

      KMSCON is built upon the Linux kernel APIs for kernel mode-setting provided by the Direct Rendering Manager drivers for frame-buffer access to all displays as well as hot-plugging support with the DRM drivers through udev.

    • Adaptive Tickless Kernel Still Being Adapted

      While in development for nearly two years without merging, the adaptive tickless Linux kernel support is still being developed.

      The adaptive tickless kernel support ended up being a big endeavour as well as getting other kernel developers to review the patches.

    • Link-Time Optimization To Speed Up The Linux Kernel

      An extensive set of patches have been published that allow the Linux kernel to be built with GCC’s LTO (Link-Time Optimization) support for generating a faster Linux kernel binary but at the cost of much greater compile times.

    • Retina display MacBook Pro does not play nicely with Linux
    • Graphics Stack

  • Applications

    • Play the Guitar with Rhythmbox!

      Are you sick of wasting too much time on trying to find the “correct” tablature for your favorite song? Do you want to learn how to play your favorite songs on the guitar but you have no idea of what notes stand for? Rhythmbox is the answer for you!

      Recently I discovered a fantastic 3rd party plugin for Rhythmbox that will search, download and display under a second the guitar, bass and drums tablature of the song you are listening to right now! How cool is that?

    • Instructionals/Technical

    • Wine

    • Games

      • Humble Bundle 3 Now Available For Ubuntu Precise

        Humble Bundle is a donation based game project where users set their own price for a series of games and can decide the proportion of money to be given to charity and developers. The project is quite successful and the third series of games are now available in Ubuntu.

      • Evilot, New Puzzle/Defense Game for Linux

        Evilot is a new Puzzle/Defense game for Linux, where you play as Count Dolfus, a retired evil overlord, that just wants to spend his last days in peace.

        The problem is that the small retirement fund you’ve managed to amass, over decades of evildoing, is too tempting a prize for the heroes and adventurers running through the Kingdom of Evilot, so you’ll have prepare your defenses to withstand their fierce attack.

      • Steam to debut Big Picture beta soon, make couch potatoes of PC gamers

        Early last year, Valve mentioned it was working on something called Big Picture mode for Steam, an alternative user interface with controller support designed specifically for use on televisions. According to Gabe Newell, the distribution services’ couch-ready UI is almost upon us. “We should have both Linux and 10-foot betas out there fairly quickly,” he told Geoff Keighley in the latest episode of GTTV, noting that the interface would be available on both the current iteration of Steam and the upcoming Linux version. Newell said that Valve has been showing the interface to hardware manufacturers, but ultimately feels that the community will decide its fate. “I think customers will say ‘this is really great,’ or they’ll say it’s another interesting but not a valuable contribution, fairly quickly.” Check out the interview for yourself (and the full episode) after the break.

      • Let’s Play: Darwinia
      • Steam for Linux Beta is imminent
      • Planetary Annihilation To Have Linux Support

        Uber Entertainment have added the promise of Linux support to their Kickstarter for Planetary Annihilation, and not as a stretch goal. The funding is now at $453,000 of their $900,000 goal with 26 days to go. Platforms now confirmed are Windows, OSX and Linux. The rate of funding seems to have flattened out a bit over the past few days, so it will be interesting to see if this announcement affects it in the coming days.

      • Valve Releases New CS: Global Offensive Trailer

        The official release of Valve’s much-anticipated Counter-Strike: Global Offensive title is set to happen on the 21st of August. In anticipation of the launch, Valve has released a new CS:GO trailer.

        Counter-Strike: Global Offensive is the latest game in Valve’s wildly-successful Counter-Strike franchise built atop their impressive Source Engine. CS:GO has been in beta for a number of months already while next week will mark its official release. This first person shooter is initially being released for Windows, OS X, PlayStation 3, and Xbox 360, but a native Linux version will very likely come once Valve begins shipping their Steam client and Source-based games for Linux.

  • Desktop Environments

    • Some Enlightenment EFL Components Hit v1.7 Beta

      Last week there was the release of some 1.7 alpha packages for the Enlightenment Foundation Libraries (EFL), but today there’s some beta packages.

      Eina, Eet, Evas, Ecore, Embryo, Edje, Efreet, E_dbus, Eeze, Expedite, Evas Generic Loaders, Eio, Emotion, Ethumb, and Elementary experienced the new release cycle beta releases of 1.7.0 on Friday. The announcement was made at Enlightenment.org.

    • K Desktop Environment/KDE SC/Qt

      • KDE News (dot.kde.org) undergoes major upgrade

        Today, we finished upgrading one of the most visited KDE websites: KDE.News. The Dot now not only runs on drupal’s latest release (7.15), but also has a fresh new look featuring the Neverland theme.

    • GNOME Desktop

  • Distributions

    • BlankOn 8 preview

      BlankOn is a desktop distribution based on Debian, and comes to use courtesy of some enterprising folks from Indonesia. It uses a highly-modified GNOME 3 desktop environment built with an HTML 5 and CSS 3 custom desktop shell called Manokwari.

      Because I am not particularly fond of the GNOME 3 desktop in its default state, I am always on the lookout for a distribution that takes it and makes it a lot more user-friendly. Linux Deepin is one that I like very much, but choice is good, and so I decided to download BlankOn 8, the latest edition of BlankOn, to see what it has to offer.

    • Endangered Banyumas Dialect Gets Its Own Linux OS

      The @blankonbanyumas project in Indonesia has launched its open source, Linux-based OS that’s fully localized in the Banyumas local language. It launched on Friday, aptly arriving on Indonesia’s 67th Independence Day. Wikipedia describes the tongue as “considered to be a dialect of Javanese.”

    • New Releases

    • PCLinuxOS/Mageia/Mandrake/Mandriva Family

      • Get to know Mageia better!

        Hmm, it is hard to address the target group of Mageia. A quick answer would be that targets to a lot of people. Yes, Mageia is one of the most popular distros around and is relatively a new one.

        Mageia isn’t for enthusiasts, isn’t about the latest packages, isn’t a LTS and it doesn’t ship any commercial support, but is user friendly. The best words I can find to describe it, would be a Community Edition of Canonical’s Ubuntu.

    • Debian Family

      • Derivatives

        • Canonical/Ubuntu

          • Applications Are Always Crashing, Biggest Problem Right Now According To Ubuntu QA
            Survey

            The Ubuntu Quality Assurance team had earlier created a survey to gather feedback from users regarding differen issues in Ubuntu operating system. The results are out, published in Ubuntu Orange Notebook blog and here are some interesting findings.

          • Here Comes The Amazing Wikipedia Lens With Previews

            Canonical has recently announced a new feature called Unity Previews and this program has got tremendous potential as shown below.

            Unity has already got tight integration with different online services, such as Google, Flickr, Wikipedia, Ask Ubuntu etc. What users do is to type in their queries in the dash and the lenses display the results from which users have to click on an item and open it on their web browser. With Previews, one can get more information of an item such as description, ratings, or maybe, even a full web page.

          • Flavours and Variants

            • Peppermint LINUX 3 – The mint with no holes

              There have been a number of reviews of Peppermint 3 already so I am somewhat behind the pace with this review.

              I wrote a review about Peppermint 2 back in February but it didn’t really contain all that much information except to say that Peppermint utilises the idea of cloud computing and wraps it up to make it look like you are running a local application.

              As we have moved on a version I thought I’d have another look especially as the reviews have been mainly positive.

            • Installing Lighttpd With PHP5 (PHP-FPM) And MySQL Support On CentOS 6.3
  • Devices/Embedded

Free Software/Open Source

  • GGA Software launches new version 1.1 open-source chemistry toolkit, Indigo

    GGA Software Services LLC, a leading provider of outsourced scientific informatics services to the life sciences industry, has released new version 1.1 of its popular open-source organic chemistry toolkit known as Indigo. Scientists at companies and institutions around the world have used this Indigo toolkit widely to secure broad capabilities in cheminformatics.

  • Google’s Real Time Big Data Tool Cloned By Apache Drill

    Google, as you might expect, has massive amounts of data and it’s built many tools to handle it. Stuff like MapReduce and GoogleFS, which spawned the open source Apache Hadoop, and BigTable, which spawned Apache HBase.

  • SaaS

    • Cloud Computing: Moving To Open Source

      With more and more organizations moving towards the clouds for its customization, flexibility, and agility, sad to say, large cloud computing providers are not that keen to tap the open environment because doing so will be have negative effects to their financial interests. Since Linux started some 20 years ago, there is a growing demand for openness in the IT arena. Today, there is a growing demand for cloud computing to deliver open source cloud computing applications. OpenStack, a community for the development of open-sourced public and private clouds, is on the forefront with more than 180 organizations around the world as supporters.

  • Databases

    • PostgreSQL patches XML flaws

      A flaw in the built-in XML functionality of PostgreSQL (CVE-2012-3488) and another in its optional XSLT handling (CVE-2012-3489) have been patched, and the developers have released updated versions of the open source database with relevant fixes. The holes being patched are related to insecure use of the widely used libxml2 and libxslt open source libraries and the PostgreSQL developers advise anyone using those libraries to check their systems for similar problems.

    • Oracle Makes More Moves To Kill Open Source MySQL

      Oracle is holding back test cases in the latest release of MySQL. It’s a move that has all the markings of the company’s continued efforts to further close up the open source software and alienate the MySQL developer community.

      The issue stems back to a recent discovery that the latest MySQL release has bug fixes but without a single one having any test cases associated with it. That creates all sorts of problems for developers who have no assurance that the problem is actually fixed.

  • Oracle/Java/LibreOffice

    • SolusOS 1.2 Features LibreOffice 3.6.0

      Ikey Doherty proudly announced yesterday, August 17th, the immediate availability for download of the SolusOS 1.2 Linux distribution.

      SolusOS 1.2 is the second maintenance release of the 1.x branch of the SolusOS distribution, bringing better GPU, bluetooth and printer support, as well as many system-wide optimisations and fixes.

  • Healthcare

    • The Eclipse Way vs. The Android Way

      The Open Source Electronic Health Record Agent (OSEHRA), an independent, nonprofit, open source organization formed by the Department of Veterans Affairs (VA), has taken an active role in upgrading and standardizing the agency’s VistA electronic health record (EHR). Meanwhile, the role of open source developers in building the joint Department of Defense/VA EHR system is still in flux.

      Up to now, it has been difficult for the VA to introduce enterprise-wide changes in its VistA software, said Seong K. Mun, president and CEO of OSEHRA, in an interview with InformationWeek Healthcare. The main problem is that many of the 152 VA medical centers have tweaked VistA to meet their own needs over the years.

  • Project Releases

  • Public Services/Government

    • The UK Public Sector Finally Gets Open Source

      The use of open source technology in the UK’s public sector has historically lagged behind other European countries, most notably France and Germany, both of which have successfully embraced open source to deliver enhanced value to the taxpayer through efficiency and collaboration.

  • Standards/Consortia

    • Dart: Build HTML5 Apps Fast

      Dart is a language, library, toolset, and virtual machine from Google that greatly facilitates writing fast, interactive HTML5 apps without requiring you to be a JavaScript expert.

      Dart helps developers build fast HTML5 apps for the Web. Currently in Technology Preview (with a Beta release planned for this year), this open source project is building a “batteries included” developer platform that integrates a new language, libraries, an editor, a virtual machine, and a compiler (with JavaScript output).

    • How Microsoft was forced to open Office

      In Office 2013, Microsoft was compelled to support the true ODF format as well as the PDF format. Here’s how open source won

Leftovers

  • Patton Boggs to Lobby for Facebook

    Facebook Inc. has signed on with a former U.S. Federal Communications Commission chairman and other Patton Boggs lobbyists.

    Patton Boggs disclosed to Congress on Tuesday that firm partner Kevin Martin, the FCC chairman from 2005 to 2009, as well as partner Jeffrey Turner and senior public policy adviser Emanuel Rossman, are lobbying for the social network. They are focusing on matters concerning “technology and internet policy, including personal privacy, protecting children, advancing online security, and tax policy issues,” according to a lobbying registration report the law firm filed with the U.S. House of Representatives.

  • Want to Get 70 Billion Copies of Your Book In Print? Print It In DNA

    I have been meaning to read a book coming out soon called Regenesis: How Synthetic Biology Will Reinvent Nature and Ourselves. It’s written by Harvard biologist George Church and science writer Ed Regis. Church is doing stunning work on a number of fronts, from creating synthetic microbes to sequencing human genomes, so I definitely am interested in what he has to say. I don’t know how many other people will be, so I have no idea how well the book will do. But in a tour de force of biochemical publishing, he has created 70 billion copies. Instead of paper and ink, or pdf’s and pixels, he’s used DNA.

  • Why the Man Who Invented the Web Isn’t Rich

    I hadn’t realized that the World Wide Web turned 21 this week until I saw the nice birthday card that Megan Garber sent it yesterday. And it’s a good thing I did–because otherwise I would have missed a fabulous recycling opportunity!

  • Finance

    • Attorney For Goldman Sachs CEO Is Eric Holder’s ‘Best Friend’

      Last week, the Justice Department announced that it will not prosecute Goldman Sachs or any of its employees in a financial probe.

      Could that be because the attorney for Goldman Sachs CEO Lloyd Blankfein was none other than Attorney General Eric Holder’s “best friend” and former personal attorney, Reid Weingarten?

      Or because in 2008, Goldman Sachs employees donated $1,013,091 to Barack Obama?

    • Goldman, Still Playing in Bayou’s Mud

      Goldman had executed and cleared trades for Bayou, and there were questions about how well Goldman supervised the account. On July 30, Goldman paid $20.7 million to roughly 200 Bayou investors in the United States. Those investors, unsecured creditors in a separate Bayou bankruptcy case, were awarded that amount by a securities arbitration panel in June 2010.

      It was one of the few bright spots of the Bayou story, but it didn’t last. The same day Goldman paid the investors, the firm filed its own creditor’s claim for the same amount — $20.7 million — in the Bayou bankruptcy. Goldman contended that paying the award had made it, too, a Bayou creditor. If the court agrees, the investors who won their arbitration case — also unsecured creditors of Bayou — will be out of luck.

      Ross B. Intelisano, a partner at Rich, Intelisano & Katz in New York who represented the Bayou investors, said they would fight Goldman’s latest filing.

      I asked Goldman last week about the bankruptcy court filing. Michael DuVally, a spokesman, said Goldman never controlled the money at issue in the arbitration.

      “Our claim is consistent with bankruptcy law,” he said in a statement. “The arbitration panel, which was not ruling on wrongdoing, determined that money the Bayou funds deposited with us while insolvent needed to be returned to the estate to distribute to creditors. With the ruling, we became a creditor entitled to compensation along with the other victims of the fraud.”

    • Oracle settles SEC charges over secret India payments

      Oracle Corp agreed to pay a $2 million fine to settle U.S. Securities and Exchange Commission charges that an India subsidiary secretly set aside money used to make unauthorized payments to phony vendors in that country.

  • Privacy

  • Internet/Net Neutrality

    • UN body opens debate on Internet future to public after critics slam secrecy of talks

      The U.N. telecoms agency has invited the world’s more than 2 billion Internet users to join a debate about the future of the Internet.

      The Geneva-based International Telecommunications Union’s announcement Wednesday follows criticism from civil society groups who say preparations for an upcoming global conference have been shrouded in secrecy.

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