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 21/12/2014: China and Linux, GNOME Shell 3.15.3

    Links for the day



  2. The New Age of Games for UNIX/Linux But Not for Windows, Microsoft is Openwashing Windows-Only Games

    The world is moving to GNU- and Linux-powered platforms, so Microsoft withdraws GNU/Linux support from games it buys and starts openwashing its Windows-only games



  3. Microsoft Essentially Sends Malware to Windows and Bricks It

    Microsoft is once again bricking Vista 7, demonstrating lack of reliability or very low quality programming



  4. Microsoft Lays Off Staff, Cheapens Labour as More Companies Are Dumping Microsoft's Lock-in, NSA-Friendly Services, and Windows

    A look at some of Microsoft's latest woes, including an appeal for cheaper labour amid decrease in business



  5. Links 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  6. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  7. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  8. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  9. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  10. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  11. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  12. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  13. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  14. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  15. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  16. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  17. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  18. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  19. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  20. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  21. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  22. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  23. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  24. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  25. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  26. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  27. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  28. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  29. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  30. Links 10/12/2014: Fedora 21, Ubuntu Core

    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