Bonum Certa Men Certa

Apple Sues Google and Android Over Patents

Joins Microsoft in suing the market leader, which uses the Linux kernel

Mac and PC



Summary: Just like Microsoft, Apple is now suing Google more directly by targeting Android as a whole, not particular distributions of it

APLLE IS up to no good. A sane observer would possibly suggest antitrust/federal action against Apple, and not just in the US, either. There is a lot of nationalism at play and Korea is too small and feeble to rebut effectively. What about the market deciding? That would generally work. But not enough is being done to show Apple for what it really is. In fact, we are deeply disappointed to see diversion such as articles that label Apple a "victim". Some obscure company is said to have started patent war against everyone:



An unknown company's four-year campaign to sue hundreds of companies for offering encryption on their websites shows no signs of abating, with Intel, Yelp, and MovieTickets.com being targeted in the past month, court records show.


In its Identi.ca account, the EFF said: "Patent troll targets those who use SSL security protocol. Speak out against a broken patent system" (linking to its Web pages against software patents).

Another familiar vermin [1, 2, 3 has won a patent case against Apple [1, 2, 3, 4], but it is actually worse than that. An article by Mike Masnick says: "Unfortunately, our broken patent system still refuses to recognize a true independent inventor defense -- leading lawyers to make statements like the one above, in which they gleefully cheer on the fact that they are blocking companies from innovating on their own. Shameful."

Apple and Google were both affected in this case, but Google, unlike Apple, does not deserve this. Apple is suing Android again, this time aiming directly at Google [1, 2]. To quote:

Apple has moved to add Samsung's Galaxy Note 10.1 and, unusually, the Google-built Android OS Jelly Bean which runs on the phone to an existing patent lawsuit in the US.

The fruity firm argues that the Note 10.1 infringes on its intellectual property just as much as Samsung's other products in the case do.


This got a lot of coverage [1, 2, 3, 4, 5], little of which was flattering. To quote one example:

Apple is not going to stop its legal attack on Android. The sue-cidal company now wants to add Android 4.1 (Jelly Bean) to its existing lawsuit against Galaxy maker Samsung in federal court in San Jose. The company also wants to add Samsung's Galaxy Note devices to this lawsuit. The case will go to trial in 2014.


Here is more from the corporate press and Groklaw:



Apple is trying to supplement its claims, significantly asking to add Android Jelly Bean itself, among others to its *other* Apple v. Samsung litigation in California. Samsung partially opposes. It doesn't care if Apple adds the Galaxy Tab 10.1, for example, as long as it gets to add iPhone 5. But it strongly opposes letting Apple add Jelly Bean.

I thought you'd like to read all the filings, even if, like me, you are sick to death of Apple and its patent aggression. This isn't the trial with the jury foreman issue; this hasn't gone to trial yet. But it's the same two judges, the Hon. Lucy Koh presiding, and Paul Grewall, the magistrate. He held a hearing on this yesterday, and he's taken the issue under advisement.


Judge Posner, who had ruled against Apple, compared Apple to "animals" for this kind of behaviour (Posner also opposes software patents [1, 2, 3]), which is what's happening again:

Another Key Motorola vs. Apple Patent Trial Tossed Out By A Judge Frustrated With Apple's Games



Earlier this year, in a key patent fight between Apple and Motorola Mobility, Judge Richard Posner, who was "slumming" it down in the district courts for a bit, dismissed that case with prejudice while slamming Apple for its patent litigation strategy. Now, it appears that we have something of a surprise repeat situation, as a different judge in a different patent fight between the same parties has also dismissed the case with prejudice after angrily teeing off on Apple for its litigation strategy. Most of the reasoning can be found in an opinion the judge released late last week.


This was an important outcome. Let's hope that the idea of Richard Stallman will be implemented to ensure that all cases end up that way. The President of the OSI seemingly agrees with Stallman:

I've said it before and I'll say it again: Software patents are evil. They allow the work of innovators to be ambushed and raise the cost of technology innovation. But finding a viable solution to the software patent mess isn't easy.

As it happens, Wired is running a series of articles on this topic, including an essay by Richard Stallman, founder and president of the Free Software Foundation. Stallman proposes limiting the enforceability of patents against software, noting that the subjects of patents "can also be implemented in hardware ... and many of them have been. Each patent typically covers both hardware and software implementations of the idea."


Over the weekend we are going to prepare some more wiki pages about patents. These matters are becoming primarily- and dominantly-recurring themes in the software world, not just the Free software world. There is the possibility of recruiting many millions of people for the fight against software patents.

Comments

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance