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


The FRAND Apple-Microsoft Conspiracy Attempts to Destroy Android/Linux, Ban Imports

Posted in Apple, GNU/Linux, Google, Microsoft, Patents, RAND at 4:12 am by Dr. Roy Schestowitz

Judge Posner

Summary: How Microsoft and Apple are using patents in bulk (sometimes acquired in unison, e.g. from Novell and Nortel) to artificially lower market saturation of the Android operating system or drive costs up

IN THE LAND of the USPTO patents are not about inventions but about manipulations. They help manipulate competition. Recently, as Groklaw explains, FRAND battles were stopped by Judge Richard Posner (pictured above). Pamela Jones wrote: “The beat goes on in the Apple v. Motorola appeal of Judge Richard Posner’s ruling dismissing both parties’ claims with prejudice, saying neither was entitled to damages or an injunction. Both are appealing, but for different reasons. Motorola has now filed its redacted reply brief [PDF] in response to Apple’s response and reply brief [PDF]. And as soon as Judge James Robart issued his Microsoft-friendly ruling in Microsoft v. Motorola in the Seattle litigation, Apple sent a letter to this appeals court, bringing it to the court’s attention, because it supports Apple’s position and calls Motorola’s patents a trivial contribution to the standard.”

Posner a mixed bag

The seemingly progressive Posner, a judge who sternly opposes software patents [1, 2, 3, 4, 5], deserves no credit for other stances which defy human dignity and rights. Based on this report, Posner does not care about privacy. To quote: “For the most part, the op-ed makes it appear that Posner is only talking about video cameras on every street corner, every building, constantly watching our every public move. The argument in favor of such surveillance is much like the argument for videotaping police in the performance of their duty. They’re in public, where we are lawfully entitled to watch them, so no harm done.”

“The seemingly progressive Posner, a judge who sternly opposes software patents, deserves no credit for other stances which defy human dignity and rights.”Posner, however, gets it right on patents. When it comes to Blackberry appealing for Injunctions, he is shown to be in favour of free innovations, not sanctions. This is about FRAND, a growing threat to FOSS which a new paper calls broken. The title of the paper is “Fixing FRAND: A Pseudo-Pool Approach to Standards-Based Patent Licensing” and it deals not with the legitimacy of the patents themselves but with the way they are used. The growing debate over FRAND has manifested entire blogs dedicated to the subject (see the patent lawyers in Essential Patent, notably posts such as [1, 2, 3, 4, 5, 6, 7]). Worth pointing out is this post which shows Microsoft and Apple working together to harm Android using FRAND. It says: “As many commentators have noted, Judge Robart’s Microsoft-Motorola decision may provide a roadmap to courts and parties in other FRAND disputes. Not surprisingly, Apple recently brought the decision to the attention of both the Federal Circuit (in the appeal of Judge Posner’s decision to dismiss Motorola’s SEP-related claim for damages and injunctive relief) and the U.S. International Trade Commission (in Samsung’s case against Apple, in which the Commission is set to issue its Final Determination by May 31).”

“But Apple and Microsoft aren’t working together in this patent plot against Android,” Pamela Jones wrote very sarcastically. Here comes the Microsoft booster (the one who focuses on chastising Google over privacy but never Microsoft). The clever spin from the Murdoch press is cited Mike Masnick, alleging that Motorola — not Microsoft and Apple — is the bully. We saw this type of spin-doctoring from a Microsoft guy who now works for ZDNet. That was just several days ago.

Android finds support

In other news about patent attacks on Android, Jones gives this update about Linux backers helping Samsung against Apple and here is an update about Microsoft’s anti-Linux patent litigation. See this coverage from Murdoch’s Google-hostile press. As Jones put it in her response to it, “Apple was given an opportunity to license the patents and said it wouldn’t accept a rate set by a judge. So, if you are a patent holder, what do you do? When is the EU going to do something about the real problem, which is the grouping of proprietary companies against Android, using patents as the weapon? ”

“The corporate media might not call it extortion, but that’s just what it is.”In the US, Apple has been using the International Trade Commission to block Android devices along with Microsoft. As one recent article put it: “Microsoft Corporation (NASDAQ:MSFT) in particular has been taking swipes at Google Inc (NASDAQ:GOOG) through targeting handset makers that use Android – it’s built on the Linux Kernel, which supposedly infringes multiple patents owned by Microsoft. As such, companies such as HTC – which uses Android on many of its handsets – must pay Microsoft Corporation (NASDAQ:MSFT) for each handset it sells with that operating system installed.”

This is extortion. The corporate media might not call it extortion, but that’s just what it is. Call a spade by its name.


Frank X. Shaw, the Microsoft Chief Liar from Waggener Edstrom, recently complained about anti-Microsoft bias in the media. Well, who is biased really? As Jones put it: “The company leading a smear campaign against Google would like us to say less negative things about Microsoft.”

Watch Microsoft's pal Harry McCracken spreading disinformation about Google. About that on example, Jones wrote: “That’s incorrect. The Pixel does have apps, as well as the browser.”

Microsoft has been using another liar, Mr. Sullivan, to spread lies with the goal of causing Google antitrust problems. From a response to that: “Like Sullivan I believe that Microsoft’s presence in the FairSearch coalition robs it of its credibility and legitimacy. Aside from the breath-taking hypocrisy of one of the world’s worst monopolists whining about anti-competitive behaviour, Microsoft has far too much invested in its own search business to be at all objective on the subject. Antitrust cases are about stopping monopolies from abusing their power – they are not about undercutting your direct competitor because your own product is second rate.

“The only antitrust abusers here are Apple and Microsoft. They distort the system to impede growth of a competitor.”“It is also worth remembering the original point of antitrust legislation: to shield consumers and businesses from being harmed by the actions of monopolies who controlled access to vital commodities like oil, steel and grain.”

The only antitrust abusers here are Apple and Microsoft. They distort the system to impede growth of a competitor.

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. The EPO's Balkan Express Keeps Chugging Along Despite Predictions of Derailment

    The latest part in the series regarding the reappointment of the two Vice-Presidents, Casado and Topić

  2. Advice to Journalists: Stop Repeating Propaganda of the EPO, a Serial Liar With a Track Record

    The EPO is weaponising its propaganda and pushing hard for media across Europe to repeat this propaganda while severely punishing anyone who 'dares' contradict it

  3. Leaked: Ljiljana Kuterovac Covering Željko Topić's (EPO) Back

    Leaked E-mail from June 2012 regarding Željko Topić, an EPO Vice-President who reportedly faces many criminal charges in Croatia

  4. Leaked: Budget and Finance Committee Outcomes That Jeopardise What's Left of the EPO's Future

    A look at the latest reckless step from the Budget and Finance Committee of the Administrative Council (chaired by Battistelli's pet chinchilla), which marginalises yet more oversight or a branch which facilitates patent quality control (thereby concealing the effect of Battistelli's ruinous sausage factory mentality)

  5. Links 27/10/2016: Major Changes in Unity 8, Nextcloud Targets Phones

    Links for the day

  6. 'Balkan Express' Teaser: EPO's Željko Topić, Kuterovac, Campinos, Gurry, Battistelli and the DKPTO (Kongstad)

    Various photos of Topić and Kuterovac. Some more photos with other IP "luminaries" such as Campinos of the EUIPO and Gurry of the WIPO.

  7. The United States Pressures India to Broaden Patent Scope and Other Monopolies

    The envoy of the US is trying to tell India how to run the country (stricter laws regarding copyrights, trademarks, and patents), as a condition for foreign investment by multinational corporations

  8. Budget and Finance Committee of the Administrative Council (EPO) Confirms Exile of the Boards of Appeal

    Crushing of highly-skilled staff, propaganda in the form of new press releases, and recruitment attempts that won't succeed because the world now knows what goes on inside the European Patent Office

  9. Links 26/10/2016: “softWaves” in Debian 9, Rust in GNOME

    Links for the day

  10. Leaked: EPO's Vice-President Willie Minnoye Saying the Unsayable, Then Threatening Anyone Who Keeps Record (Evidence) of It

    E-mail that would leave Vice-President Willie Minnoye bashful, as it helps show not only bad policy but also attempts at suppression of discussion about it

  11. Puff Pieces of the EPO-IPO (EPO+EUIPO) Have Begun to Appear Amid New Evidence of Brain Drain, Lowered Standards

    The grim vision of the EPO which is losing all its talent (over time), becomes more like a production line (quality does not matter), and produces propaganda for "media positioning" (or "placements") -- all under the guise of 'studies'

  12. Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

    Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

  13. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  14. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  15. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  16. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  17. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  18. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  19. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  20. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  21. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  22. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  23. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  24. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  25. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  26. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  27. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  28. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  29. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  30. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently


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