Bonum Certa Men Certa

How Apple Attacked (and Marginalised) the Linux-powered WebOS

Palm Pre with WebOS and Palm OS

Summary: Professor Michael Risch talks about WebOS, responds to our criticism

There is a fascinating story about WebOS, the operating system built on Linux and optimised to work well on the Web, using some portable framework that is Web-compatible (a growing trend in SDKs). Apple's devices are poor at Web browsing, so WebOS (now open source as we hoped but unfortunately patents-encumbered) and some platforms like Android, which now has Chrome, have had a huge potential for growth, mostly at Apple's and Nokia's expense. Android is well ahead of Apple in technical terms and "Samsung [is] Innovating Faster Than Apple" claims a minister. So anyway, after Apple threatened Palm with lawsuits [1, 2] we find out in Risch's rant about the already-controversial SHIELD act that WebOS was derailed by Apple:



Consider Palm, which developed WebOS, and made stuff. Consider HP, which has spent billions of dollars in research and development. HP bought Palm, and made WebOS tablets. For various reasons, maybe in part due to patent claims from other tablet makers like Apple, HP decides to stop selling WebOS tablets. HP then decides to enforce Palm’s patents. Mind you, HP didn’t just buy the patents, it bought the company. And then it made stuff, it researched, it developed, and it has even licensed WebOS out to LG try to resurrect it for televisions. Is HP a troll now? It falls under the text of this act. I think that just cannot be right, and yet there it is, in black and white.


Pamela Jones wrote: "Apple did that? I didn't know that. If so, then I spit in their general direction. I love WebOS, and Apple needs to cut it out. It can't be the only tablet maker in the universe. The more they sue and threaten, the more determined I am never to buy anything from them again."

Wired had Risch (prominent in the debate over patent trolls) as a guest in a debate full of lawyers whose opinions omit the obvious solution (here is another recent example) and after our criticism of his suggestions he wrote to me to say: "Thanks for reading, even if you don't agree. I'm glad to hear that I'm even slightly controversial, as I usually see myself as plain vanilla.

"I outside us was a bit surprised by your characterization of the op-ed, though. For one thing, I quote Stallman's editorial. For another, my very first suggestion was: " More patents should be rejected, and especially weak software patents. Limiting these should continue regardless of who - troll or product company - owns those patents." I realize that this doesn't go far enough for those who would abolish software patents, but it's hardly a defense. Indeed, at least one person shared this sentiment as the takeaway from the op-ed on twitter. I actually had a lot more written about software patents, but they limited me to 1100 words, so anything not core to the primary argument got slashed - so it goes."

I replied by saying that "I do believe that we need to end software patents as a whole."

"I hear you," he said, "I know a lot a people feel that way. Even though I disagree, at least that would be owner neutral!"

That's why it's a debate. Every debate has some factions on each side. Anup Malani, writing this paper about patents, says: "Counter-intuitively, we propose raising the stakes of patent litigation by providing enhanced rewards to victorious patent holders and imposing enhanced penalties on owners of patents that are invalidated at trial." This is not the obvious solution, either. It evades the obvious fix which is related to scope, not legal action.

Stephen Ornes, a writer based in Nashville, Tennessee, wrote this article in the New Scientist yesterday. He opposes software patents on the ground that they are akin to patenting mathematics. To quote:

AT SOME point in their career every mathematician comes up against the question, is mathematics invented or discovered? The query makes some cranky. The answer doesn't directly affect their work, after all, and the discussion often leads nowhere useful. Spending time debating the ultimate nature of mathematics takes away from actually doing it.

Some scholars take issue with the terms themselves. In his 2008 essay Mathematical Platonism and Its Opposites, Harvard University mathematician Barry Mazur called discovery and invention "those two too-brittle words". One might be tempted to defuse the question altogether with a merger: perhaps maths involves inventing new relationships between things we have discovered.

It's a metaphysical query, a nerdy way to ask whether or not some pre-existing truths underlie our existence. Here we bump up against theology. If mathematical ideas are discovered – the Platonist position – then a proof is a real-world encounter with an immortal truth. But then where, exactly, is this ethereal pool of truths? Did prime numbers exist before the big bang?

If, on the other hand, mathematics is invented, then proofs spring from human intelligence a bit like art or law. But then why do mathematicians across time and space always agree on what's right and wrong?

The question about invention versus discovery flares up every few years, often in a different guise. The latest incarnation concerns something very down to earth: money. In this case, the discovery versus invention question has profound consequences. In fact, there may be no mathematical question with higher stakes. That's because mathematics powers the algorithms that drive computer software, and software is big business, worth over $300 billion a year to the global economy.


If we start with the hypothesis that algorithms are reducible to maths -- which they are -- then it becomes apparent that the patent system is inherently broken in the scope sense. Talking about damages in litigation is not the point. We must identify and address root causes, not symptoms.

Recent Techrights' Posts

GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
 
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026
Gemini Links 04/01/2026: 64-bit Addressing and 39th Chaos Communication Congress
Links for the day
Windows Was Always the Punchline
What did we count to calculate taxes?
GNU/Linux Surges to About 4% in Peru This Year
one of the poorest counties in America
This Year Our Adoption of IRC Turns 18
We have used IRC for this site since 2008
The Doors Are Closing, Windows Closing Too
Microsoft wants more vendor lock-in, but at risk that this desire will simply alienate and drive away many users
The FSF's Program Manager, Dr. Miriam Sabrina Bastian, Left in October to Lead Climate School
We are not sure why Miriam Bastian decided to leave the Free Software Foundation (FSF)
Outline of Slop, LLMs, IBM, and Things to Come
This coming week and weekend will be very productive irrespective of how much "news" gets published by other sites
Links 04/01/2026: War Without Borders, "Large Hadron Collider Being Shut Down"
Links for the day
Links 04/01/2026: US Imperialism in Greenland and Venezuela, "Climate Protesters Face Greater Risk of Crackdown Amid Rising Authoritarianism"
Links for the day
2026 Should be the Year We All Stop Saying "AI" and Call Things What They Really Are
Don't give anyone the satisfaction of this misguided belief there's any intelligence there
Ponzi Schemes Are Useful (to Corrupt CEOs)
Pathetic, corruptible so-called 'media' is bagging bribes to perpetuate the lies about "AI" (slop)
GNU/Linux at All-Time High in Algeria
In 2026 it hit a new all-time high
Online Mobbing (and Worse) Disguised as 'Free Speech'
People who say they believe in "free speech" have been trying hard to silence RMS and squash the FSF
A 'Cancer That Attaches Itself' to Bulgaria?
"Cancer" is what Microsoft called GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 03, 2026
IRC logs for Saturday, January 03, 2026
Body-Shaming Using Fakes
a lot of the people who casually claim "defamation" are themselves defaming loads of people every day
GNU/Linux "Market Share" in Switzerland More Than Doubled Last Year, Based on statCounter
GNU/Linux continues its considerable growth
EPO People Power - Part XXIV - Today or Tomorrow You Should Write to National Representatives (Delegates) at the EPO in Your Country
Keep up the pressure!
Red Hat and IBM Layoffs, Staff Kept Quiet About it, WARN Act Skirted/WARN Notices Avoided
What a terrible company to be in
XBox Layoffs Imminent, More Appalling Sales Figures Published
Expect many layoffs in the gaming division