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

"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
 
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026