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

11.06.12

Apple Loses Battle Over Smartphones Patent Tax (or FRAND)

Posted in Apple, Patents at 5:47 pm by Dr. Roy Schestowitz

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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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

3 Comments

  1. Michael said,

    November 6, 2012 at 6:30 pm

    Gravatar

    Apple and MS avoid taxes. Yes. So does Google. Funny how you leave them out.

    I am wondering if you could be *more* biased in your comments?

    Then you talk about Apple taxing Android… which is just nonsense. Complete and utter insanity. You are, again, being dishonest.

    Then as if to prove how insanely dishonest you are you refer to Groklaw as “fairly objective”. Really? Since when? That is like saying Rush Limbaugh or Michael Moore are unbiased in their reports. Just insane.

    I would love to see cease your dishonesty and extreme bias on these issues.

  2. mcinsand said,

    November 7, 2012 at 6:25 am

    Gravatar

    There are several problems here, but Apple no doubt is projecting a bit; Apple tried to extort with ridiculously-high fees to use it’s ‘IP,’ and the company expected Moto to exhibit Apple’s arrogant, evil behavior. Apple didn’t even try to negotiate. Rather, Apple, like any bully, is a coward at heart, and tried to hide behind the court system. Then again, Apple has good reason to fear fair competition. Over the decades, they have only been just barely able to survive and, as has happened sadly throughout history, too many people have said that their anticompetitive and illegal behavior is not an issue because they only have a small market share. Now look what has happened. By applying the same business practices that they always have, they have become full-blown terrorists to the industry. At least part of the legal system is waking up to Apple’s gaming. Now, if we could only wake up the USPTO with a bucket of icewater!

    Michael Reply:

    Can you try to contain your jealousy of their success just a little? Thanks!

What Else is New


  1. Update to GNU Project Bleeding into Microsoft

    Update



  2. Microsoft is Going to Get Tired of Whining About “GAFA” and Accept That It's Just as Bad If Not a Lot Worse at Privacy

    Microsoft is being treated by the US government as if it's not abusing anything, let alone people's privacy; if anything, this demonstrates the degree to which Microsoft infiltrated or 'vendor-captured' regulatory branches



  3. Links 6/7/2020: LibreOffice 7.0 RC1, MX-19.2 KDE Beta 1, Linux 5.8 RC4

    Links for the day



  4. ZDNet's 'Linux' Section: Linux is Full of Problems and It Loves/Embraces Software Patents

    Software patents promotion and GNU/Linux FUD; your daily dosage of 'news' from the tabloid known as ZDNet...



  5. IRC Proceedings: Sunday, July 05, 2020

    IRC logs for Sunday, July 05, 2020



  6. Links 5/7/2020: Slackel 7.3 Mate Beta and GNOME Gingerblue

    Links for the day



  7. Technological Progress? Only If We Assume The Wrong Things...

    When we're told that we're all dumb we're being given increasingly dumb technology (and they tell us dumber is better)



  8. Linux Foundation Still Owned and Controlled Largely -- and More Over Time -- by Surveillance Companies (Openwashing Services for Bad Practices and Bad Actors)

    The Linux Foundation‘s growing role in spying or the focus on data-mining operations is an eternal reminder or warning that the Foundation follows power and money, not freedom or ethics (it began as a salary-paying venture, crowdfunding among large corporations which conduct mass surveillance)



  9. Sharing is Caring, as Those Who Share Usually Care

    Going back to our human roots, people who cooperate and collaborate are vastly more likely to survive and thrive; Free software is almost guaranteed to become the norm when/once everyone demands it (proprietary software is too divisive, supremacist and even racist)



  10. Systems Can Crash and People Can Die by Changing Language (Even in Parameter and Function Space) to Appease Activists

    It seems clear that Intel takes the lead in trying to change Linux not in technical means but purely social means; even when (and where) that can compromise the robustness of the kernel (Intel is nowadays known for profoundly defective chips with back doors)



  11. António Campinos Should Speak to Peasants, Not Litigation Lawyers

    Mr. Campinos does not work for campinos but against campinos; he represents the people who sue or threaten them using ludicrous patents that should never have been granted (e.g. in Ethiopia)



  12. Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

    The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats



  13. [Humour] The Linux Foundation is Not Even Using Linux

    The Linux Foundation does not support Linux except in name; it is important to remember that



  14. Microsoft Loves Power

    An explanation of why Microsoft says it loves this and that; Microsoft lacks the capacity to love or to express empathy as it's always about self gratification or coercion, nothing else



  15. IRC Proceedings: Saturday, July 04, 2020

    IRC logs for Saturday, July 04, 2020



  16. Indoors Society, Shut the Windows

    Times are changing in all sorts of ways; it seems like GNU/Linux and other Free/libre operating systems may emerge as winners when the 'dust settles'



  17. Allegation That Microsoft Adopted the Mentality of Suicide Bombers Against Linux, Leaks Reveal

    Looking at leaked E-mails from around the time Microsoft used Cyanogen as a 'proxy', we're finding some stunning admissions or speculation about the real motivations



  18. [Humour] A Union in Whose Interests?

    The union-busting 'yellow union' (the one that helped Benoît Battistelli marginalise SUEPO) is unable to represent staff any longer



  19. FFPE EPO Has Rendered Itself Obsolete by Liaising With Benoît Battistelli

    FFPE EPO has been left out of staff representation, demonstrating that liaising with the oppressor is a self-deprecating move which must be avoided (the only remaining potent union is SUEPO)



  20. Links 4/7/2020: LibreOffice 7.0 'Personal Edition', Atari VCS Coming Soon

    Links for the day



  21. [Humour/Meme] The 'New' Edge (Chrome Copycat) is Already Dead, So Microsoft is Trying to Just Kill the Competition

    Edge market share is so minuscule that it doesn’t even make it into this chart (it’s in “other”); no wonder Microsoft now bullies Windows users into using it, for users reject it even after months of endless advertising/AstroTurfing and aggressive exploitation/appropriation



  22. Fourth of July in the United Kingdom and the United States

    In these bizarre times Independence Day is still being celebrated, even as so many people are out of work, running out of hope and being fed xenophobia in social control media with a racist 'celebrity' president (the "user in chief")



  23. [Humour] Bigger is Always Better When You're a Deluded Maximalist

    The EPO totally lost sight of its mission; it's just speeding everything up, very carelessly, not minding quality and accuracy/certainty/legal validity



  24. 'Managing Intellectual Property' Managing to Become Uncritical Parrot of EPO Management

    Managing to amplify the EPO's lies isn't hard; one just needs to copy, paste, edit a little; then they call it 'journalism', irrespective of the proven track record of EPO management lying to staff and to the media



  25. IRC Proceedings: Friday, July 03, 2020

    IRC logs for Friday, July 03, 2020



  26. Monopoly Abuse, Still: Microsoft Pays Projects to Embrace/Move to C#, GitHub and Visual Studio

    Microsoft's greatest of efforts to lull regulators into inaction and fool us all into thinking that things have changed are undone by actual behaviour, which is abusive, anti-competitive and just... typical Microsoft



  27. Links 4/7/2020: Grml 2020.06 and diffoscope 150 Released

    Links for the day



  28. [Humour/Meme] Don't Let a COVID Crisis Go to Waste When You're Eager to Find Excuses for Many Layoffs and Shutdowns

    Microsoft business units that were defunct (long-failing, well before COVID-19) are being thrown out and Microsoft exploits a virus to rationalise these decisions while spicing up media coverage with "Hey Hi" (AI) and "virtual" experience or Facebook (to give the false impression that nothing really goes away)



  29. Free Software Tackles Political Issues. Political Tactics Are Also Being Weaponised Against Free Software.

    Divide-and-rule tactics seem to have been exploited to weaken collaborative work on Free/libre software; the response to these tactics needs to start with realisation that this is going on (even if it's done in a somewhat clandestine nature)



  30. Offence and Racism

    o those in positions of power and privilege (financial) you are controllable by guilt; dividing us and causing us to feel guilt and fear (over potential offence) is a powerful social control mechanism and pretext for dismissal, censorship, humiliation


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