Bonum Certa Men Certa

Apple Has Woken Up Opposition to Software Patents, Itself

Anti-Android camp cheers while the public boos



Summary: The decision in the high-profile case against Android leads to immense opposition not just to Apple but patents as well

THIS weekend brought out some initial feedback on the Apple vs. Samsung case. Friends of mine told me about it and at least one convinced his company not to buy anything from Apple (as the company had planned to), going of course for Android, instead. Apple is going to get a massive backlash for this. People at the Health Club this morning (it's Bank Holiday) are talking about it; they really start to 'get' the problem with patents. It enables people like myself to show them how customers are affected (cost) and how dumb patents really are; some can be realised by a toddler, e.g. zooming strokes, device shape, and so on.



Apple may also end up buying patents from Kodak, as reports suggest that Apple wants those patents in its portfolio; being a patent bully, Apple deserves none of that. It has become more or less clear that Apple is just a branding (Samsung makes parts of its gadgets) and litigation company that collects silly patents while inventing just about nothing. The patent booster Dennis Crouch covered the ruling which lawyers generally like (a close friend tells me that many lawyers convert to patent law these days, it is a gold rush). Other large sites that covered the news concentrate on the number, which exceeds a billion dollars.

Apple boosters echo Apple's talking points, whereas others give fairly fair coverage without obvious bias (except pro-patents bias, as expected, as opposed to pro-Apple).

Blogs got to the news early because most journalists don't work over the weekend. The coverage has been decent in the sense that Apple got flak. The EFF chastised Apple and experts say it's not over. Yes, more sites suggest that is is not over because Samsung won't let go while it's doing so well in the market.

Samsung has said: "It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners" (how true).

Here is another notable bit: "Jurors who zipped through more than 600 questions in three days to arrive at their verdict in the intellectual-property battle between Apple Inc. (AAPL) and Samsung Electronics Co. (005930) had as their leader an engineer with a patent to his name."

This is an inadequate way to deliver a decision and several people already emphasise this. Groklaw's Pamela Jones says there is something wrong with this picture and Swapnil Bhartiya calls it "rushed job" and implies that it was not "a fair trial" . To quote; "The verdict in the Apple vs Samsung case came faster than expected. The jury seemed to be in a hurry (after having worked over time) and reached a verdict giving Apple a victory on a platter. Perhaps the jury did not want to spoil their weekend and handed their verdict which many have noted has several inconsistencies."

The jury was expected to dismiss the case, so the decision surprised us somewhat. Steven J. Vaughan-Nichols is not worried. He writes: "The jury in Apple vs. Samsung, doubtlessly eager to be out by the weekend, rushed their way through the approximately 26 pages and 55 questions of their instructions and decided that Samsung did indeed violate some of Apple's patents just over a billion bucks.

"Impressive? Not really.

"This is not the end. This verdict doesn't even matter in the long run. This was just another clash."

The jury is also biased because Apple is a US-based company and a glorified brand, whereas Samsung is "foreign".

Pamela Jones says that $1,049,343,540 is too much and it's lawyers who make money and brag about it the most. For them, it's an idealogical victory, jutifying the leeching of society through software patents. Another one who is celebrating the outcome is an Apple-funded lobbyist whom we filed a complaint against. He turned blogging into a corrupt business model. But am I suggesting that this is AstroTurf? Of course not, why would the one-man business Müller Consulting do something that is against EU law and also a violation of US law that the FTC is cracking down on? Note the sarcasm.

When AstroTurfing disguised as "blogging" becomes mainstream the government does in fact crack down on it. Google did not pay anyone to do something similar. The services offered by Müller include mass-mailing journalists with talking points of said corporations, blogging with talking points and material handed in by the client using a blog run by Google, threatening opposition, etc.

The benefits of the programme Müller offers are that clients get to spam journalists and bloggers without getting flak; journalists quote the lies, attribute it to "independent source"; this is done by mailing rather than commenting (by finding otherwise-hidden E-mail addresses) to hide and 'proxify' the lobbying. We showed proof.

Anyway, leaving the AstroTurf aside, patents are granted spuriously and this whole case helped us all see that. In South Korea, both companies are said to have been infringing each others' patents (the patent are too broad) and "Samsung, the biggest manufacturer of hand-held phones in the globe, did not duplicate Apple’s design, according to the Seoul Central Court in a new ruling."

There is a lot of coverage about it, saying that "Apple vs. Samsung: S. Korea court rules iPhone not copied" (national biases are easy to see in Rupert Murdoch's papers).

The coverage was more moderately decent and balanced in the UK, as neither company is British. Here is what Reuters wrote and here is an article that my cousin in Florida sent me: "After Samsung’s stunning $1 billion defeat in court at the hands of Apple , calling it a winner might seem awfully far-fetched. But that’s the argument some are making about the South Korean conglomerate." (source).

The sure thing is, customers don't win here. Apple claims to 'own' basic concepts and now it wants to tax people all around the world for enjoying rectangles with round corners. What would Moses have said?

A long time ago we called for an Apple boycott and some of my friends say I should do so again. My reply is, the people are already revolting and the boycott is far broader than us. Over the coming week, many journalists will slam Apple and patents. As Mr. Pogson put it, "Backlash Has Begun Against Apple…"

Engadget gives more interesting details and Dan Gillmor says that "A US jury has rubberstamped Apple's exploitation of the patent system" (quoted from the summary).

That's what it it: exploitation. We need not only to fight Apple by the USPTO as well, for being an enabler that Microsoft et al. share.

Comments

Recent Techrights' Posts

Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
 
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock