Bonum Certa Men Certa

Apple Loses Battle Over Smartphones Patent Tax (or FRAND)

Apple snipers



Summary: Apple's desire to impede Android through FRAND wars is meeting opposition in US courts

APPLE, the company which along with Microsoft refuses to pay business tax like everyone else, is trying to tax Android using FRAND. Carlo Piana says, "Still think FRAND are the way forward to patents in standards? Think better."



This lawyer, Piana, speaks about reports like this one. Apple failed.

The anti-Android lobbyist, Microsoft Florian, tries to distract from the news, but everyone agrees that the news is loss for the anti-Android (Motorola and Google) camp. Mass-mailing journalists the Florian way clearly has not worked. As one site put it:

A federal judge in Madison, Wis., on Monday threw out a suit by Apple Inc. claiming that Google subsidiary Motorola Mobility is seeking unreasonably high license fees for the use of patents on wireless technology.

The suit is part of a world-spanning battle between Apple and Google, whose Android software powers the smartphones that compete with Apple's iPhone. Google bought Motorola Mobility, a once pioneering maker of cellphones, this summer to gain control of its patents and gain leverage against Apple in its court battles.


Even the Microsoft booster who did a lot to promote the patent agenda of Microsoft covered the news, not just the opposite side, e.g. Groklaw with this analysis and IDG with a fairly objective report. It says:

A highly anticipated patent infringement case between Apple and Motorola Mobility was dismissed Monday by a federal court judge in Wisconsin, hours before the trial was due to begin.

The two companies were arguing over license rates for patents owned by Motorola that cover parts of the wireless UMTS, GPRS, GSM and 802.11 standards. The patents are vital parts of the technologies and so Motorola Mobility is required to license them to competitors on "fair, reasonable, and non-discriminatory terms," often referred to by the acronym FRAND.


This ruling ought to alert the FTC, which foolishly go after the victim and not the conspiracy. Here is one take on it: "The recent news reports that the FTC may be nearing a decision point in its Google investigation should remind us of the stakes involved. At one level, the Google matter raises a host of interesting questions involving antitrust law and economics. At another, more fundamental level, a decision to charge Google with a violation of the antitrust laws would have far-reaching effects beyond the case at hand. If our government signals that it is willing to use the antitrust laws to punish success, the future Googles of the world will be less willing to take chances, and more likely to pull their competitive punches. Competition for consumers, moreover, increasingly will be replaced by competition for the favor of antitrust regulators. Although the owners of websites like Kayak and Nextag may enjoy temporary victories if events play out this way, they will come at the expense of consumers."

Feds should also take stock of Apple lies that the company is now admitting, but just shyly:

Apparently Apple didn't need two weeks to put up a new "apology" statement on its UK website after the first obnoxious one was deemed not good enough by the UK courts. As you may recall, Apple was told by the court that it had to tell the world that Samsung didn't copy Apple's design on some of its devices, after a judge ruled that Apple's devices were simply much cooler.

[...]

I find Apple's response to this ridiculous and that much more perplexing. Each attempt to somehow not fully comply with the judge's demand just calls that much more attention to the situation and the fact that Apple lost and Samsung didn't copy it. If Apple had just complied normally, this story would already be over.


Exactly. We said this before [1, 2, 3, 4, 5, Apple Hides Apology].

Apple has been using patents like a sword, so feds should go after Apple. The FSFE wrote about the subject in its latest newsletter. To quote the relevant part:

The New York Times published an article entitled "The Patent, Used as a Sword" about the patent system. Hugo Roy summaries it. It is about how Apple and Google were spending more on patents than on research and development in 2011. Among other issues, it focuses on the number of lawsuits filed each year in the US, which has tripled from 1990 to 2010, and how 70% of patent applications are approved after the applicant altered claims.

On the same topic, Karsten Gerloff gave a talk about "How Software Patents Are Delaying The Future", on a discussion panel organised by the European Patent Office. "Currently, a lot of policy on patents (as well as copyright) is made on the basis of faith and rather dubious argument. We urgently need to move on towards evidence-based policy making", concludes Karsten.


The article was motivated precisely by those lawsuits from Apple versus Android. Change is hopefully imminent, not that the elections will change anything.

Comments

Recent Techrights' Posts

Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024