Bonum Certa Men Certa

Misconduct in Apple Litigation Against Android Discredits Patents, Courts

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.

Comments

Recent Techrights' Posts

Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day
Site Archives (Not WordPress)
We've finally finished the work
[Meme] The EPO Delusion
on New Ways of Working
EPO Representatives Outline Latest Attacks on Staff
Not much has happened recently in terms of industrial action
Links 18/05/2024: Revisiting the Harms of Patent Trolls, Google Tries to Bypass (or Plagiarise) Sites Under the Guise of "AI"
Links for the day
Links 18/05/2024: BASIC Story, Site Feeds, and New in Geminispace
Links for the day
GNU/Linux in Kyrgyzstan: From 0.5% to 5% in Eight Years
the country is almost the size of the UK
Justice for Victims of Online Abuse
The claims asserted or pushed forth by the harasser are categorically denied
[Meme] Senior Software Engineer for Windows
This is becoming like another Novell
Links 18/05/2024: Deterioration of the Net, North Korean IT Workers in the US
Links for the day
Windows in Lebanon: Down to 12%?
latest from statCounter
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Links 18/05/2024: Caledonia Emergency Powers, "UK Prosecutor's Office Went Too Far in the Assange Case"
Links for the day
Microsoft ("a Dying Megacorporation that Does Not Create") and IBM: An Era of Dying Giants With Leadership Deficits and Corporate Bailouts (Subsidies From Taxpayers)
Microsoft seems to be resorting to lots of bribes and chasing of bailouts (i.e. money from taxpayers worldwide)
US Patent and Trademark Office Sends Out a Warning to People Who Do Not Use Microsoft's Proprietary Formats
They're punishing people who wish to use open formats
Links 18/05/2024: Fury in Microsoft Over Studio Shutdowns, More Gaming Layoffs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 17, 2024
IRC logs for Friday, May 17, 2024
Links 18/05/2024: KOReader, Benben v0.5.0 Progress Update, and More
Links for the day