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

01.31.13

Apple Uses Patent Law to Drive Down Wages, Block Linux, Inflate Prices

Posted in Apple, Patents at 4:51 pm by Dr. Roy Schestowitz

President Obama with two ‘friends’

Obama and Jobs

Summary: Apple a manifestation of the anti-American dream and its cartel, shared with Microsoft, does real harm to everyone, even Apple customers and employees

Emory University School of Law (i.e. lawyers) has this new paper which says: “Since 2000, the U.S. Supreme Court has been extremely active in patent law. The Supreme Court not only is taking more cases but also is addressing issues at the core of patent law, such as the law of obviousness and the doctrine of equivalents and its limitations.”

Patents are a government-enforced favouritism-driven tool for corporations. Now, watch what happens to government-funded projects: “In 2003, the agency’s investment arm, DARPA, tapped the non-profit research institute SRI International to lead a five-year, 500-person effort to build a virtual assistant, one the government hoped might yield software to help military commanders with both information overload and office chores. Although it wasn’t the project’s mission, this helper, the Cognitive Assistant that Learns and Organizes, or CALO, would ultimately provide the inspiration and model for Siri.

“The Defense Department’s financial backing, $150 million in all, united hundreds of top-tier artificial intelligence experts for an ambitious and uncertain endeavor that most corporate R&D labs could only dream of tackling: teaching computers to learn in the wild. The army of engineers at “nerd city” — one SRI researcher’s nickname for the lab — were tasked with creating a PC-based helper smart enough to learn by observing a user’s behavior, and all the people, projects and topics relevant to her work. The undertaking was “by any measure, the largest AI program in history,” says David Israel, one of the lead researchers on CALO.”

“Wait a second,” wrote Pamela Jones. “How does Apple get to sue people over Siri, if my tax dollars invented it? I don’t want my tax dollars used for fodder for patent infringement lawsuits.”

It is the same with NASA. Always remember the circumstances under which Apple snatched Siri. Apple also uses the patent system to drive wages down. Surely we covered this before, but here is some more.

Pamela Jones calls it “The smoking gun that supports what I’ve been telling you,” namely “that Apple (and Microsoft) are going after Android with patents not because they care about the patents but that they are using patent law as an anticompetitive club. The nice detail is that the class action lawsuit is happening in Judge Lucy Koh’s courtroom, just like the Apple v. Samsung litigations are, so she gets a peek at what’s really going on. Here’s the affidavit as PDF.”

Apple has been colluding with Microsoft for years, so for The Guardian to say this is rather curious:

Apple has one challenge to learn: do not become the next Microsoft.

Apple is already becoming like part of Microsoft. It is evident when it comes to patent blackmail, but sometimes they hide behind patent trolls. This new article recognises the issue. “The recent indications from the FTC, the DoJ and the PTO,” says the blog, “might reinforce the view that in the case of trolls, the public interest counsels against the issuance of an injunction. If a valid patent belonging to a troll is infringed, a royalty should be paid by the user but the threat of injunction produces some of the same anti-competitive effect that the DoJ and PTO identified for patents included in standards.”

Jones wrote:

How about patents that are de facto standards, meaning patents that cover functionality that the public expects to see in, for example, a smartphone. Why wouldn’t it be in the public interest to insist on no injunctions for those kinds of patents too? Apple and Microsoft have opened the door of our minds to many possibilities. If you can remove a property right, the right to enforce via injunctions from one set of patent holders, why not others?

The pathetic behaviour from Apple has its shares collapse. Apple tried in vain to block Android devices through the ITC. ITC is a misnomer. It’s not international, it’s imperialistic. All it does is, it blocks non-US products at behest of US companies, with few exceptions.

Apple boosters try to tell us, unlike the Korean press and more like dedicated Apple boosting sites, that Apple gets the upper hand. Jones has more objective analysis

Judge Koh Rules in Apple v. Samsung – No Willfulness, No Enhanced Damages for Apple but No New Trial Either ~pj

The presiding judge in the Apple v. Samsung litigation in San Jose, CA, the Hon. Lucy Koh, has issued four rulings on the parties’ post-trial briefs. No to a new trial for Samsung, as she views the trial as fair. No to more money for Apple. They failed to prove they were undercompensated by the jury, she writes without conscious irony. And she has ruled that Samsung did not willfully infringe.

Next stop, appeals court, where we will find out if they agree with Judge Koh that the trial was fair. Meanwhile, poor Apple will have to make do with a mere $1 billion as its jury award. We’ll see if that stands on appeal too. A billion dollars for infringement that was officially not willful. Your US patent law at work. How do you like it?

Apple has been making Europe a battleground too and the trend is disturbing. Steve Jobs used patent troll MPEG-LA against Ogg and WebM. The recently-disgraced (for Internet censorship) ITU now provides more patent ammunition against free codecs:

The International Telecommunications Union (ITU) has signed off on High Efficiency Video Coding (HEVC), a video compression standard expected to succeed the wildly popular H.264.

ITU-T H.265 / ISO/IEC 23008-2 HEVC, to give the new standard its full name, is seen by the ITU as “designed to take account of advancing screen resolutions” and “is expected to be phased in as high-end products and services outgrow the limits of current network and display technology.”

This was also covered here. Apple must be proud because it’s a big proponent of this.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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

What Else is New


  1. Links 31/8/2014: Linux 3.12.27, Akademy 2014

    Links for the day



  2. Links 30/8/2014: Jailhouse 0.1, *buntu 14.10 Beta

    Links for the day



  3. Links 28/8/2014: Many New Games, CTO of Red Hat Steps Down

    Links for the day



  4. We Are Gradually Winning the Battle Against Software Patents

    The once-elusive war on software patents is finally leading to some breakthrough and even the Federal Circuit reinforces the trend of software patents' demise



  5. Free/Open Source Software (FOSS) Companies Versus FOSS Moles (VMware, Sonatype, Xamarin)

    A look at three entities which pretend to be pro-FOSS but are actually FOSS-hostile and very much determined to replace FOSS with proprietary software



  6. Links 27/8/2014: GNU/Linux in Space, China, LinuxCon

    Links for the day



  7. FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

    In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft



  8. Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

    Media in Microsoft's pocket is telling Microsoft's lies and deceives the public for Microsoft's bottom line



  9. Microsoft's Massive Tax Evasion Becomes Better Known

    A new report about Microsoft's admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft's criminal aspects



  10. Links 25/8/2014: China's Linux Revolution Imminent

    Links for the day



  11. Links 24/8/2014: GNU/Linux Specialisation and Benchmarks

    Links for the day



  12. Links 23/8/2014: GNU/Linux Growth

    Links for the day



  13. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  14. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  15. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  16. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  17. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  18. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  19. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  20. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  21. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  22. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  23. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  24. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  25. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  26. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  27. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  28. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  29. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  30. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts