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 27/1/2020: Linux 5.5 is Out, Work on Linux 5.6 Commences, New Solus and Award for Andrew Tridgell

    Links for the day



  2. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  3. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  4. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  5. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  6. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  7. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  8. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  9. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  10. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  11. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  12. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  13. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  14. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  15. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  16. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  17. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  18. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  19. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  20. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  21. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  22. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  23. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  24. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  25. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  26. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  27. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  28. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  29. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  30. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day


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