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

05.22.13

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.

Spin-doctoring

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. Links 23/5/2015: Fedora 22 to May 26th, Netflix in SteamOS

    Links for the day



  2. The Patents Production 'Industry' (Patent Lawyers) Still Fights Hard to Salvage Software Patents

    A review of recent writings about software patents and patents on business methods in the United States, demonstrating that patent lawyers have gotten very vocal and sneaky (trying to evade the rules)



  3. Patents as a Marketing Strategy: USPTO Now Part of the Advertising Industry

    The existence of publicity patents, or patents whose sole purpose is to advertise some products, serves to discredit the US patent office, which was originally set up to promote science and technology



  4. Microsoft Blackmails and Extorts British Politicians Over Open Standards and Free Software-Leaning Policies

    Microsoft's digital imperialism in the UK getting defended using blackmail, reminding a lot of Brits that Microsoft is just as evil as ever before



  5. Microsoft Gives Another Bug a Name, This Time Logjam™

    The Microsoft crowd is good only at marketing, even when it comes to small bugs in software



  6. Links 22/5/2015: Fedora 22 Final Release is Near, Canonical IPO Considered

    Links for the day



  7. More Utter Shame Unveiled at Battistelli's EPO: Intimidation Tactics With Help From 'Control Risks'

    The unaccountable thugs who run the EPO have hired London-based spooks to help silence their opposition and their critics



  8. GNU/Linux Still Under Attack From Apple and Microsoft, Patents Remain the Weapon of Choice

    A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)



  9. Gartner Group and NASSCOM: Will Lie for FUD, on Behalf of Microsoft and Proprietary Software

    Some of the latest arguments against Free/libre software turn out to be arriving from couriers of Microsoft and its agenda



  10. Windows is a Franchise in Demise, Don't Believe the Hype

    Ongoing propaganda about Vista 10, 'cloud', and other buzzwords or brands are put in perspective



  11. Links 21/5/2015: Fedora 22 RC2, CERN Chooses OpenStack

    Links for the day



  12. Microsoft is Again Showing Its Hatred of Free/Open Source Software by Lobbying the Indian Government to Drop a Rational National Policy

    Microsoft decides to attack Free/Open Source software (FOSS) in India, where the corporate media is very much complicit in misleading the public



  13. Links 20/5/2015: Containers, OpenStack, and EXT4 Corruption

    Links for the day



  14. The PATENT Act, Distraction of Trolls, and Lobbying for Software Patents by Protectionists

    Only large corporations and their lawyers are able to formally change the US patent system through public officials and politicians, despite recent rulings from very high courts



  15. Corporate Media and Friends of Microsoft Are Still Lying About the Cost of Vista 10

    In a desperate effort to beat operating systems that are Free (libre) and free (gratis), such as GNU/Linux or Android, Microsoft shores up the illusion of 'free' (gratis) Windows



  16. Links 19/5/2015: Linux 4.1 RC4, Thunderbird 31.7.0, OpenStack Event

    Links for the day



  17. Links 18/5/2015: Russia Chooses Jolla, Many New Distro Releases, Meizu Devices

    Links for the day



  18. Even Converting an Image to Greyscale is Now a Patent

    Simple mathematics becoming patented as Fujifilm claims 'ownership' of photographic conversion to greyscale



  19. Grooming of the World's Biggest Patent Troll, Nathan Myhrvold of Microsoft and Intellectual Ventures

    UCLA and Microsoft-linked media are framing big thugs as heroes, doing a great disservice to both academia and journalism



  20. The EPO's Fight to Bring Software Patents Into Europe is One Step Closer to a 'Victory' (for Multinationals)

    Opposition to the Unified Patent Court (UPC) is being crushed and Italy is one of the latest actors to have fallen in the battle



  21. Microsoft's 'Former' Staff Continues With His Anti-Google Rhetoric at CBS

    A Microsoft intern, who has moved on to journalism, is still showing his affinity for Microsoft with apologetics and spin



  22. More of Microsoft's False Claims About Cost of Vista 10 and More Layoffs

    Vista 10 is still being marketed using lies and Microsoft may be going down the same route as Nokia



  23. Microsoft Remotely Bricks -- Intentionally -- Xbox One

    Microsoft is showing off its kill switches, kills consoles of people whom it doesn't like



  24. IRC Proceedings: May 3rd - May 16th, 2015

    Many IRC logs



  25. Links 17/5/2015: NuTyX Saravane 15.05, Panasonic and Firefox OS

    Links for the day



  26. Links 16/5/2015: MAME Free Software. Rust 1.0, New Wine

    Links for the day



  27. Links 15/5/2015: GNOME 3.16.2, GNU Guix 0.8.2

    Links for the day



  28. Links 15/5/2015: Skrooge Releases, Linux 3.14.42, Linux 3.10.78

    Links for the day



  29. "VENOM" FUD Attack -- Like "Heartbleed" FUD Attack -- Linked to Microsoft

    Why CrowdStrike™ is motivated to smear Free software and establish a stigma of insecurity in Free software-based virtual machines/'clouds'



  30. Spinning Microsoft's Inability to Sell Windows (or Office) as a Strength

    The 'cloud' mindset, which is promoted by surveillance fanatics, increasingly used to pretend that Microsoft has a bright future, despite declining sales


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