Bonum Certa Men Certa

Sony, Part of a Microsoft and Apple Patent Cartel, Attacks Android With Patents

SCOny defined, following SCO and SCOracle tactics

End in washing machine



Summary: Despite using Android itself, Sony helps Apple against Samsung, using patents

Sony reserved the right to sue and we finally see why reservations as such are trouble. Let's start with some background from this week's news.



Samsung has begun retaliating for Apple's aggression more strongly then before (stopping supply of components), with lawsuits that go both ways as well as deterrents:

Seeking to head off Samsung argument, Apple shortens a patent term



Apple agreed to limit the term of one of the patents it used to win a $1.05 billion jury verdict against Samsung. The company filed a so-called "terminal disclaimer" with the patent office today. It limits the term of patent D618,677, a patent that 12 different Samsung phones were found to infringe.


Samsung says something along the lines of "Without Us, There Is No iPhone":

A Samsung executive laid it out: Without the Korean company's patents there can be no iPhone, at least not one that works. Shin Jong-Kyun, President of Telecoms and IT at Samsung, told reporters in Seoul that the truth will out, and that Apple couldn't make the iPhone without using Samsung's patents.


This is getting ugly and it's bad for Apple. Sony, part of the cartel formed around Nortel's patents (inclusive of Apple), is striking and hacking away at Samsung now. Sony has a lot of patents, including a lot of hardware patents. Pamela Jones writes: "More stupid smartphone patent warfare. Ericsson is, of course, part of Rockstar Consortium's Gang of Five (Apple, Microsoft, Ericsson, RIM and Sony) who bought Nortel's patents." Here is the article she cites and here is more:

Ericsson has filed a suit against Samsung for patent infringement.

The Swedish telecommunications equipment maker said today that it launched the lawsuit after the two companies were unable to reach an agreement about renewing patent licensing deals.

Samsung previously licensed Ericsson's patents in 2001 and renewed terms in 2007, but licenses have now expired. According to Ericsson, Samsung refused to renew the licensing agreements for its patents on FRAND terms. FRAND (fair, reasonable and non-discriminatory) terms are used by industry groups to set standards for technology and products, and are aimed at encouraging competitiveness without allowing rights holders to abuse their position, and create a setting for patent holders to receive royalties.

No licensing deal was forthcoming "despite two years of negotiations", Ericsson said in a statement, so the company decided it "must take action to support a crucial system for technology sharing that has helped create today's mass market communications industry." Consequently, Ericsson decided to take legal action, filing a complaint in the District Court for the Eastern District of Texas.


Here is an expert reporter on patents:

Samsung is already embroiled in a worldwide patent fight with Apple, but the company will now face a patent attack from another direction. Swedish telecom giant Ericsson sued Samsung today, saying the Korean company wouldn't renew a patent cross-licensing agreement after two years of negotiation.

Samsung refused a deal on terms that the rest of the industry has accepted, Ericsson representatives said today. The specific terms offered weren't disclosed, but documents show they were "Fair, Reasonable, and Non-Discriminatory," or FRAND. Just what constitutes a FRAND rate is very much in dispute right now, however, with multiple US federal courts and the US International Trade Commission considering the issue. Samsung licensed Ericsson's standards-essential patents in 2001 and again in 2007, but its license has now expired. "Samsung’s refusal to pay a FRAND rate gives it an unfair competitive advantage over its competitors who have licensed Ericsson’s patents," write Ericsson lawyers in today's filed lawsuit.


Walters Consulting and I exchanged some mails about this lawsuit. He thinks Sony may be liaising with Microsoft and Apple here, based on this latter post:

Let’s take a look at some not-so-recent history… as is well known, Sony is, and has long been, a media and entertainment giant. They helped to develop the standards for the MPEG, MP3, and MP4 file formats decades ago, and also developed the software processes that administer digital rights media (DRM) on all sorts of platforms, from Microsoft’s Windows Media Player to Apple’s iTunes. As such, they collect royalties and licensing fees from Apple and Microsoft for using their patented software solutions for digital rights media management, and they continue to be a gigantic player in the music and movie industries. Just ten years ago, Sony entered the mobile phone market by partnering with existing mobile-phone-maker Ericsson to create a mobile technology joint venture in Sony-Ericsson. They operate very heavily upon a traditional business model, just as Apple and Microsoft do, which demands that information always comes for a price.

Now, some more recent history… Early on in 2009, Sony-Ericsson made a decision to design all of their new smartphones based upon Google’s Android, rather than continuing to use their own UIQ versions of Symbian (as opposed to Nokia’s S60, S80, and S90 versions of Symbian) and Microsoft’s Windows Mobile. Sony-Ericsson had been very successful through about 2006 or 2007, but had seen a severe decline in sales after that. In 2011, Sony agreed to buy out their partner Ericsson’s share of the joint venture, and Sony-Ercisson became just another part of Sony. Rebranded and remodeled, Sony’s mobile division began to immediately see improvement, and new pending phone designs were given an extreme fashion makeover. Despite Sony’s use of Android, Apple, for some reason, clearly gave Sony a pass. In fact, when Apple went to court to ask for a ban on sales and import of Samsung’s Android-based products, they were asked to show examples of competitors’ products that did NOT violate their patents-in-question… they produced a Nokia Lumia 800 with Microsoft’s Windows Phone platform, and an Android-based Sony Xperia ion, to fulfill the judge’s requirement.

Whether you see this as hypocrisy or not, there is an excellent reason for this behavior. Apple and Microsoft need an inside ally, and Sony is a very good one. Not only that, but Sony has clear aspirations to join the technology giants in the mobile space. In a way, Apple and Microsoft are already somewhat beholden to Sony over cheap access to DRM patents, especially in a world where digital entertainment is drawing ever more unrealistically extravagant profit margins. The ultimate software industry threat to both Microsoft and Apple is a robust open-source Linux following, and the freedom and popularity of Google’s Linux-based Android is a huge threat if unchecked.


Sony is no friend of Linux. It is just opportunistic about it, more so than Samsung. The FSF's founder called for a boycott of Sony (or at least demotion thereof) long ago. Now it's more justified than before.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
 
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
Legal Letters Are Not Postcards
It seems like intimidation, nothing more
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026