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

04.19.13

Apple and Microsoft Just Focus on Patent Fees in Fight Against Linux/Android

Posted in GNU/Linux, Patents at 5:22 am by Dr. Roy Schestowitz

Solicitors not allowed

Summary: Using patent trolls and expensive litigation, the old duopoly is targeting companies which ‘dare’ to vend Linux

Apple is getting some Linux file systems, which are technically better. “EXT support for OS X for a fee” called it iophk, but it is not due to patents. Contrariwise, Microsoft/Apple are using patents, including file system patents (notably FAT), to tax a free operating system and it is getting worse.

A good news site, Muktware, teaches us about new Apple patents on trivial ideas that are implemented in software. These are mere metaphors for the real-world equivalent:

Apple gets patents on folder creation on iOS, more trouble for Android

The competent USPTO (US Patent and Trademark Office) has granted yet another patent to Apple related to folder creation and arrangement of icons. If you are an Android user you may be aware of the method also introduced by Google in Android where you can drag and drop any icon on each other which creates a folder. At the same time when you move more icons in a folder it rearranges other icons accordingly.

Meanwhile, says Pamela Jones, “Apple has filed several new documents in Apple v. Samsung — the trial that never ends. The main issue is whether Samsung’s request [PDF] for a stay in holding the new trial on damages should be granted. Apple votes no [PDF], again. It would prefer not to wait until the USPTO and the courts finish the reexaminations of two of Apple’s patents, preferring an immediate retrial.

“As correctly noted by Masnick’s site, Apple and Microsoft are copiers, who should not be entitled to brag about patents.”“Why? It means setting damages for at least one patent claim the USPTO just decided isn’t valid in a final office action and another patent that has been ruled preliminarily invalid, but this is Apple. It indicates it will appeal until it gets what it feels is the outcome it wants.

“But that’s not the real game. The real game is to get the appeals over with before the reexaminations plus all its appeals are finished, because, as Apple itself states, if a final invalidity ruling arrives after the appeals process is over, it doesn’t “disturb an earlier final court judgment awarding damages for past infringement of those claims.” So that’s Apple’s game. Take the money and run. It wants the damages trial to happen right away, so that the appeals process can get going quickly, to try to beat the timeline on the USPTO findings of invalidity. That way, even if the patents are ultimately found to be indeed invalid, Samsung will still have to pay the damages the deluded earlier jury sets.

“Do you admire Apple for angling for such an outcome? I don’t either.

“See what happens when a jury gets things so very wrong? They wanted to “send a message” but the message turns out to be that US patent law can be wildly unfair. Samsung can be forced to pay for invalid patents, because that’s how patent law in the US works currently. How do you like it? Think some reform might be in order? Add on top that these are software patents, which some, including me, think are not properly patentable subject matter, and it’s cringe-worthy to watch this case play out like this.”

As correctly noted by Masnick’s site, Apple and Microsoft are copiers, who should not be entitled to brag about patents. “Documentary On The History Of Apple And Microsoft Show It Was All About Copying, Not Patents” says the headline and here is a snippet:

We recently posted about an absolutely ridiculous NY Times op-ed piece in which Pat Choate argued both that patent laws have been getting weaker, and that if we had today’s patent laws in the 1970s that Apple and Microsoft wouldn’t have survived since bigger companies would just copy what they were doing and put them out of business. We noted that this was completely laughable to anyone who knew the actual history. A day or so ago, someone (and forgive me, because I can no longer find the tweet) pointed me on Twitter to a 45 minute excerpt from a documentary about the early days of Microsoft and Apple and it’s worth watching just to show how laughably wrong Choate obviously is.

Apple and Microsoft are also using trolls and cartels against Linux/Android, notably trolls like MPEG-LA and MOSAID*. As stated by Jan Wildeboer the other day, “STUDY SHOWS “PATENT MONETIZATION ENTITIES” [Patent Trolls] FILED 56% OF ALL FEDERAL PATENT LAWSUITS IN 2012, UP FROM 24% IN 2007″ (so it is a growing vector of assault and Apple/Microsoft fund the world’s biggest parent troll).
____
* Microsoft used an actual inventive company, Nokia, to feed MOSAID with patents. iophk says that Elop’s conquered (by Microsoft) company is “Falsely blaming iPhone instead of Elop” based on this article. “Nokia’s Linux sets were getting better reviews than iPhone and back then Nokia had the largest market share,” he adds. Here is the latest collapse of Nokia and some well-informed commentary.

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 31/7/2014: Zorin OS Educational 9, Android Nearing 90% Share

    Links for the day



  2. Microsoft-Linked Codenomicon and Bluebox in the Business of Smearing FOSS/Linux/Android

    odenomicon and Bluebox, two companies with strong Microsoft links, fill the media with negative articles about Android



  3. Is Microsoft Being Raided Not Just for Anti-Competitive Reasons but for Bribes and Back Doors?

    News about raids in Microsoft China mostly lacking when it comes to background, context, and information about Microsoft's crimes in China



  4. Former Microsoft Engineer Working on Windows BitLocker Confirms Government Asks Microsoft for Back Doors

    Recalling the times when even Microsoft staff spoke about secret government collaborations and back doors



  5. Ruling Against 'Abstract' Software Patents is Already Derailing Patent Attacks on Linux and Free Software

    Patent litigation against Android/Linux impeded by the introduction of arguments that cite the Supreme Court



  6. Links 30/7/2014: Chris Beard as CEO of Mozilla

    Links for the day



  7. New Optimism in the Age of Doubt Over Software Patents

    As the tide turns against software patents, even in their country of origin, their opponents come out of the woodwork to celebrate



  8. Links 28/7/2014: New Linux RC, Plasma 5 Live in Kubuntu

    Links for the day



  9. Links 27/7/2014: KDE 4.14 Beta 3, KDE 4.14 Beta 3 Released

    Links for the day



  10. Apple and Microsoft Are Proprietary Software Companies and the Media Should Stop Openwashing Them

    New examples where proprietary software giants are characterised as FOSS-embracing and FOSS-friendly by gullible or dishonest 'journalists'



  11. Bloomberg's Microsoft Propaganda

    Bloomberg delivers 'damage control' and PR ahead of the layoffs announcement; Microsoft uses Nokia to hide it and Bloomberg helps Microsoft by radically modifying headlines



  12. Frequency of Browser Back Doors in Microsoft Windows is Doubling

    The vulnerabilities which Microsoft tells the NSA about (before these are patched) are significantly growing in terms of their numbers



  13. FUD Entities Entering the FOSS World

    Symantec enters the AllSeen Alliance and Sonatype is once again trying to claim great insecurity in FOSS due to software licensing



  14. Groklaw Back in the Wake of ODF in the UK?

    Renewed activity in FOSS-leaning legal site Groklaw amid numerous victories for FOSS



  15. Links 26/7/2014: New Wine, Chromebooks Strong Sales

    Links for the day



  16. Links 25/7/2014: GOG With GNU/Linux, Ubuntu 14.04.1 LTS

    Links for the day



  17. Links 24/7/2014: Oracle Linux 7; Fedora Delays

    Links for the day



  18. Valerie Strauss Explains Why Gates Foundation's Lobbying for 'Common Core' (Privatisation) is a Swindle That Makes Microsoft Richer

    Continued criticism of the Gates Foundation's lobbying and masquerading, with more journalists brave enough to highlight the corruption



  19. USPTO Officially Sets New Guidelines to Limit Scope of Software Patents in the United States

    Even patent lawyers finally acknowledge that the incentive to file software patent applications has been reduced, as the scope of patents on software has been noticeably narrowed and they are harder to acquire, let alone enforce in a courtroom



  20. UK Government Adopts OpenDocument Format (ODF) and Microsoft Already Attacks the Government Over It, Showing Absolutely No Commitment to Open Standards

    Only "Microsoft as the standard" is the 'standard' Microsoft is willing to accept, as its response to the Cabinet Office's judgment reveals



  21. Microsoft Layoffs of 2014

    Another quick look at Microsoft's horrible state of affairs and why it has virtually nothing to do with Nokia



  22. Links 22/7/2014: Linux 3.16 RC 6, New UberStudent

    Links for the day



  23. Links 20/7/2014: Jolla in India, Mega Censored in Italy

    Links for the day



  24. Longtime Mono Booster Joins Microsoft-linked Xamarin

    Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin



  25. Linux Foundation Welcomes Patent Aggressor Red Bend Software

    The Linux Foundation's AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software



  26. Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Matthew ('Matt') Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do)



  27. Attacking FOSS by Ignoring/Overlooking Issues With Proprietary Software

    The biasing strategy which continues to be used to demonise Free/Open Source software (FOSS) along with some new examples



  28. Links 19/7/2014: CRUX 3.1 is Out, CyanogenMod Competes With Google Now

    Links for the day



  29. Microsoft's Massive Layoffs Go Far Beyond Nokia; Nokia's Android Phones Axed by Microsoft's Elop

    Microsoft's rapid demise and permanent exit from Nokia's last remaining Linux platform (after Microsoft had killed two more)



  30. Patents on Software Already Being Invalidated in Courts Owing to SCOTUS Ruling on 'Abstract' Patents

    The Federal Circuit Appeals Court has just "invalidated a software patent for being overly abstract," says a patents expert


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