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

10.08.12

Misconduct in Apple Litigation Against Android Discredits Patents, Courts

Posted in Apple, Patents at 11:01 am by Dr. Roy Schestowitz

William Sydney Porter, who coined the phrase “banana republic”

William Sydney Porter

Summary: The ugly details about a pro-Apple verdict and some related news about a decaying system controlled by multi-national corporations

Articles about misconduct in Apple’s trial against Android say that “Samsung Seeks New Trial, Accuses Foreman Hogan Of Implied Bias” and “Samsung claims foreman lied about his past to get on Apple v. Samsung jury”. Jury of cultists?

“This is what happens when litigation becomes a business strategy.”Groklaw, an in-depth research site, looks closer at “More Unredacted Documents… Re Foreman, “Proof” of “Copying” That Isn’t” and this seems likely to become horrible PR for Apple and for the legal system. Jones writes: “The judge in the Apple v. Samsung case ordered more documents unsealed and unredacted, and so there is another mountain of filings that previously were redacted and are now publicly available in full. When you see “Filing is Sealed” on them, you can ignore it. It’s no longer the case. And while many of the new filings are dated as filed this month, if they say “Unredacted”, they are actually older documents now being refiled in an unredacted state, so a lot of the discovery arguments you’ll see on the list are already ruled on. We also learn some new details about the foreman from his bankruptcy that raise additional questions in my mind.

“As for what’s new, the parties are, as usual, going at each other in every possible way in every nook and cranny of the post-trial motions. Samsung points out that the judge told the parties to restrict their filings regarding a permanent injunction and enhanced damages to 30 pages. Apple instead helped itself to extra pages, Samsung says, by attaching a gazillion exhibits and declarations. The motion for enhancements was filed under seal originally, but you can read the public version [PDF], and if you go to this page, you’ll see for yourself all the exhibits attached to docket number 1982 and the declarations in support that follow, numbered from 1983, which has more exhibits, to number 1986. Samsung has a point. And so Samsung wants some portions of the declarations cut, and it presents a list of proposed cuts, also asking for expedited briefing.”

Apple is meanwhile getting more software patents and getting sued for violating some [1, 2, 3]. This sort of hypocrisy was covered here before.

This is what happens when litigation becomes a business strategy.

“Sony has many patents, so going to patent war against it would not be wise.”Andy Oram, a proponent of software patents (but whose opinion might be changing on this), spoke to Keith Bergelt, who then says that “OIN has spent millions of dollars to purchase patents that uniquely enable Linux and open source and have helped free software vendors and developers understand and prepare to defend against lawsuits.”

This is not the solution. It might be fine for giants like Sony, but what about SMBs? To quote Reuters, “Sony Mobile, which uses Google Android software for its smartphones, has not seen much impact from patent problems of the software platform.”

Sony has many patents, so going to patent war against it would not be wise.

Google is patenting software as well. Bad stuff, but business as usual in the US. Software patents are granted there without shame [1, 2, 3, 4, 5]. It’s a bragging right. Newspapers treat it like a national sport as if monopolies are trophies. Never mind if it is a monopoly on ways to save lives.

Michael J. Miller says that “Software Patents Mean More Litigation, Less Innovation” (in IDG and also in other networks) and disdain of the patent system as a whole becomes very publishable (we omit many such articles that criticise the patent system because of Apple alone).

The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android. Let’s not forget this other important case: “I suppose that “any and all other orders and rulings adverse to Oracle” language might be an umbrella intended to include the denial of its JMOL motion, actuallly, now that I’m reading the wording carefully. But what they really care about is getting a ruling that Java APIs are copyrightable, including “structure, sequence, and organization of the accused 37 Java API packages”. That was their claim against Google, that it infringed those interfaces. Here’s the order Oracle didn’t like on that point (Docket No. 1211).

“Appeals matter, as you can see.

“The legal system as a whole suffers a PR crisis after juror misconduct in the case against Android.”“I hope you also see why politicians are currently trying their best to stack the courts with judges who see things their way. People who want to win no matter how, and who believe in might-makes-right, view it as a great solution. But I hope you see why it is so important to keep politics out of the courts. What is the point of having a judicial system where you get rubber-stamped, political results, rather than results based on the facts of your case? It makes a mockery of the concept of blind justice, not to mention Constitutional principles, meaning not looking at who the parties are but just evenly treating all comers, based on the law and the facts.”

See? Even a legal site like Groklaw is fed up. Professor Larry Lessig recently gave a major speech about how the occupation of lawyers became tied up to corporate interests (working for companies) rather than people. It’s a systemic corruption. He too calls it “corruption”. As apocalyptic as it may sound, perhaps the best chance for elimination of software patents in the US is a serious collapse of the whole system.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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

4 Comments

  1. Michael said,

    October 8, 2012 at 1:25 pm

    Gravatar

    Jury of cultists?

    Assuming they were a part of the “Free” cult, how would this *help* Apple? That makes no sense.

    In any case, the fact Samsung copied Apple was well known before the trial – though the trial uncovered even *more* evidence (and more direct and damning evidence).

    Samsung copied Apple – this is not in question.

  2. Michael said,

    October 8, 2012 at 1:30 pm

    Gravatar

    Oh, and “See? Even a legal site like Groklaw is fed up.”

    That is a joke, right?

  3. mcinsand said,

    October 8, 2012 at 3:58 pm

    Gravatar

    This wasn’t only damning to the patent system and the courts, but it also showed just how far Apple is willing to sink in order to support the myth that Samsung copied them. The unredacted text that is now unsealed from Samsung’s internal meetings shows where the internal drive was, and it was to innovate, rather than copy… and, if you’re going to hunt for innovation in the phone market, Android pretty well has a monopoly on that for the present time. Apple had to work overtime to cut an paste from those meeting minutes to a dishonest degree in order to create ‘evidence’ of copying.

    HOWEVER, we have seen some evidence of copying recently, and it is clear. Until the iPhone 5, it was easy to tell the boxy, small iPhones from the rest of the smartphone market. When I was at a smartphone display last week to see the iP5, it was amazing how much it looked like… the Samsung Galaxy. I think we can see just who is slavishly copying who, just like the ideas that Apple stole from the Samsung Diamond Touch!

    Michael Reply:

    This wasn’t only damning to the patent system and the courts, but it also showed just how far Apple is willing to sink in order to support the myth that Samsung copied them.

    There is no "myth" here – the evidence that Samsung copied Apple is overwhelming. It can be seen in the devices themselves, the power supplies, the marketing material, the boxes, etc. And from the trial: screen by screen comparisons describing what they wanted to copy from Apple!

    The unredacted text that is now unsealed from Samsung’s internal meetings shows where the internal drive was, and it was to innovate, rather than copy… and, if you’re going to hunt for innovation in the phone market, Android pretty well has a monopoly on that for the present time. Apple had to work overtime to cut an paste from those meeting minutes to a dishonest degree in order to create ‘evidence’ of copying.

    I would love to see you try to back that.

    HOWEVER, we have seen some evidence of copying recently, and it is clear. Until the iPhone 5, it was easy to tell the boxy, small iPhones from the rest of the smartphone market. When I was at a smartphone display last week to see the iP5, it was amazing how much it looked like… the Samsung Galaxy. I think we can see just who is slavishly copying who, just like the ideas that Apple stole from the Samsung Diamond Touch!

    Again: do you have anything to back that? I suspect not.

What Else is New


  1. Links 19/10/2020: Linux 5.9-ck1/MuQSS, Linux Kodachi 7.3

    Links for the day



  2. Java's James Gosling is Wrong. Free Software Advocates Never Suggested or Insinuated That Money-Making Was Ethically Wrong.

    The honorable James Gosling mischaracterises the stance of Free software advocacy, portraying it like it is an issue of money rather than respect for users



  3. Maybe This is What Codes of Conduct Were Made for? Or to Prevent? (Updated)

    When people bemoan the abuse they receive from a so-called 'anti-harassment' team (covering up corporate corruption in a project by ousting people) this is the kind of thing they receive from colleagues or former colleagues



  4. Media Contradicts Itself, Redefines Proprietary Software as 'Open'... for Microsoft

    Proprietary GitHub is being spun as Microsoft going "open" (nothing could be further from the truth) in another EEE-type move with diffusion and confusion



  5. A Critic's Free Software Dictionary by figosdev

    Sarcastic take on often-spoken words in the domain of technology



  6. IRC Proceedings: Sunday, October 18, 2020

    IRC logs for Sunday, October 18, 2020



  7. Links 19/10/2020: OpenBSD 6.8, RapidDisk 7.0.0, Tails 4.11 Reviewed

    Links for the day



  8. The Different Types of Spammy 'Articles' and 'Reviews' Which Have Killed 'Professional Journalism' (Nowadays Mostly SPAM)

    The media has become so rogue that a lot of it is merely an extension of the marketing/PR industry; unless this is corrected, online publishers will fail to earn or maintain any degree of trust



  9. When the Software -- and by Extension Hardware and Network -- Controls the User...

    A distraction-free workflow is more likely to be attained using Free software than without it; in a world with information overload and 'surveillance capitalism' people need to carefully rethink what they do (or have done to them) digitally



  10. What the Linux Foundation Teaches People About GNU/Linux in LinuxFoundationX (edX) LFS101x “Introduction to Linux” [sic]

    Some annotated screenshots of preliminary sections of LFS101x, a 'course' designed to indoctrinate people for the Linux Foundation and the project is borrows its name from (but whose trademark it does not control)



  11. Shut Up and Learn to Maintain an Application Suite

    "Try and maintain a complex piece of software like a browser or an office suite, and then you'll understand."



  12. LinuxFoundationX (edX) LFS101x “Introduction to Linux” is More Linux Foundation Marketing and 'Linux' Revisionism Than Actual Training/Teaching

    The Linux Foundation makes a course about "Linux" partly about itself (the Linux Foundation, with top members like Microsoft and Oracle) and distorts the record with terms like "Open Source" and the pretense everything is "Linux" (even work that predates Linux itself)



  13. Microsoft Sheds Off Lots of Staff in This Autumn of COVID

    Microsoft is laying off more staff than we've estimated (even Azure staff) and the modus operandi disguises layoffs as mere departures (to make it seem wilful)



  14. [Meme] Microsoft's Calculator is Spyware

    The last thing GNU/Linux users need or want is yet another simple calculation tool, this one with Microsoft in control



  15. History's Lesson: Microsoft Now Does to GNU/Linux What It Did to Java (Creating 'Schism' to 'Wrest Control')

    We take a closer look at what Bill Gates admitted (under pressure, with 'smoking guns' to compel him into admission) regarding his rogue tactics



  16. When You Have to Use Windows for Something (Like Work) But You Really Don't Want Anything Proprietary or Microsoft-Controlled

    The situations/scenarios where GNU/Linux and BSD geeks need to 'touch' Windows for something (usually remotely) rapidly dwindle; those who are still using Windows on a laptop/desktop in 2020 are considered tech-illiterate or regarded as 'dinosaurs' (hence the dishonour meme above)



  17. Links 18/10/2020: Kodachi 7.3 and OpenBLAS 0.3.11

    Links for the day



  18. Surveillance in (and/or by) Free Software is a Growing Problem

    If Free software ceases to respect personal privacy (full control over one’s computing), does it still protect users’ freedom? That’s a question or an aspect not dealt with by the Four Freedoms — and one that’s worth entertaining as so-called ‘surveillance capitalism’ grows (data as currency, people as ‘products’ to be sold)



  19. Bill Gates Refers to His Business as “Jihad” and Accuses Java of Being a “Religion” With “Rabid” Supporters

    Peace disallowed by Bill Gates, as usual; to him, this is all just a religious war that strives to cull out and eliminate or convert the 'infidels' (those who reject his religion); the Bill Gates deposition tapes show his deep concerns and fear of Java APIs



  20. IRC Proceedings: Saturday, October 17, 2020

    IRC logs for Saturday, October 17, 2020



  21. [Meme] Openwashed (and Spying) 'Killer App' for GNU/Linux? A Basic Windows Calculator!

    There's no "Linux" news to cover more important and urgent than just another useless calculator (this one with notorious Microsoft telemetry) being ported to GNU/Linux



  22. Links 17/10/2020: No GNU/Linux for 10 Days, Google Coral Dev Board Runs Debian

    Links for the day



  23. Open-Sourcing the Investigation of Gates Deposition Tapes and Their Relationship to Current (Present) Affairs

    The so-called 'philanthropist' and 'giver' that the media tells us Bill Gates suddenly became (he has earned another ~$10,000,000,000 since the pandemic began) needs further exposing because, having raided the software world (monopoly by law-breaking), he now does the same in other domains



  24. The Supposedly 'Soft' Bill Gates Interrogated About What Was Called His “Jihad”

    We revisit the odd choice of words (repeatedly used by Mr. Gates internally), suggestive of some divine call for war/arms in the business context



  25. Why Microsoft Will Not Embrace GNU/Linux (to Replace Windows)

    The Bill Gates deposition shows that Gates was aware Windows had become a market monopoly and sought to leverage that to push whatever “killer app” he thought would shield Microsoft’s monopoly; those tactics never changed (here’s an example from two days ago: “Microsoft is foisting Office web apps on Edge users”)



  26. The Sad Story of Mozilla Keeps Getting Sadder Because Mozilla's Managers Abandoned Users and Chose Companies as Their Clients

    Mozilla's business model keeps changing for the worse, as the "app" mentality and/or the "social control media" mindset are chosen over the needs of actual (longtime) users, limiting the extensibility of the Firefox browser in the name of "performance" or "simplicity" (as if all that users need is "dark mode" and a choice of search engines)



  27. IRC Proceedings: Friday, October 16, 2020

    IRC logs for Friday, October 16, 2020



  28. Links 17/10/2020: GCC 11 Status Report, FreeBSD 12.2 RC3, Chrome 87 Beta

    Links for the day



  29. Links 16/10/2020: KD Reports 1.8.2 and Proton 5.13-1

    Links for the day



  30. IRC Proceedings: Thursday, October 15, 2020

    IRC logs for Thursday, October 15, 2020


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