Bonum Certa Men Certa

Free Software a Primary Litigation Target

“First they ignore you, then they laugh at you, then they fight you, then you win.”

--Sometimes attributed to Mahatma Gandhi



Gandhi



Summary: Bits from the news about Android, GNU, and Linux, which are under attack from proprietary software giants that use copyright, patent, and antitrust lawsuits

Patent and copyright fights are the last resort against Linux, which is now the most dominant platform (kernel) in the world, often accompanied by GNU. SCOracle tries to claim copyrights over Android, but it has not worked out so far, even after 3 years of litigation.

The SCO case is not totally over (after over a decade in court) and SCO is not dead yet. Mysterious funds keep reviving litigation. IBM is still wrestling with SCO and "IBM is right," says Pamela Jones, "that almost all of the claims in SCO's complaint are dead as a door nail now, because of Novell's victory over SCO regarding the ownership of copyrights, SCO concedes." Novell is pretty much a dead company now; its patents got passed to Oracle, Microsoft, and Apple (CPTN).



"The IBM-backed OIN has not helped fight Apple, e.g. in the Samsung case, showing its futility in a way."In the mean time we learn that software patents are brought forth as defence of Linux, expanding a shield as follows: "Open Invention Network (OIN) has furthered its mission to enable and protect Linux by expanding the Linux System technologies covered by its protective network of royalty-free cross-licenses and by its defensive patent portfolio to include nearly three hundred new Linux software packages. These additions contain a number of packages from notable technologies and projects such as Python (e.g., Django, PyPy, and Twisted), MongoDB, OpenStack, Ruby, and webOS. This new coverage builds upon the two..." (full press release)

The IBM-backed OIN has not helped fight Apple, e.g. in the Samsung case, showing its futility in a way. Samsung was left to fight Apple on its own, challenging the legitimacy of some patents:

Samsung has just filed a motion for a new trial on liability in Apple v. Samsung with respect to Apple's '381 patent. That's the bounce back patent, which was used by Apple in the first trial in California, and the jury ruled that Samsung infringed that patent with 18 products. As you know, the two companies are currently in the pre-retrial motion stage leading up to a retrial on the question of damages only, scheduled to begin in November.


"As the South Korean electronics manufacturer continues to grow, it's expanding operations in the U.S. This means a 1.1 million-square-foot modern campus with space for 2,000 employees," says CNET as Samsung outpaces Apple. "Samsung Electronics is the world's 14th-largest company in terms of revenue, beating out Apple," according to Fortune Global 500. Watch the spin from the Microsoft booster who uses the US-centric worldview to make Android look small.

The matter of fact is, very much as everyone expected, Linux is becoming a worldwide sensation, but this means it also becomes the target of copyright, patent, and antitrust lawsuits (working against Android, the antitrust victim). These lawsuits need to be countered and they are a sign of growth. The more nervous proprietary giants become, the more lawsuits and dirty tricks they will summon, sometimes by proxy.

Recent Techrights' Posts

On Groupthink, Mindless 'Sheep', and Toxic Online Cults
This week, treat yourself to a life free of social control media
BetaNews is Run and Written by Bots That Make Clickbait
At least one author is doing this
 
Same Month Judge Suggests Selling Chrome (Compelling Google to Give It Away) Chrome Surpasses Two-Thirds of "The Market", Based on Surveyor
tackling Google's browser monoculture is still a priority
[Meme] Trying to Terrorise Critics
How Microsofters roll...
Illegitimi Non Carborundum
If you try to suppress our publication, we'll not just bark back but also bite
Why This Site Became "Simple" a Year Ago
Light is good, heavy is bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 25, 2024
IRC logs for Monday, November 25, 2024
Links 26/11/2024: International Microsoft Outages, Microsoft Mass Layoffs Bigger Than Reported Last Friday
Links for the day, Deutsche Welle and CBC focus
Gemini Links 26/11/2024: Not Pagan, Emacs Wiki, and More
Links for the day
Links 25/11/2024: Egypt Harasses Bloggers, The University of Michigan Has Become Like a Corporation
Links for the day
Links 25/11/2024: Climate News, Daniel Pocock Receives a Fake/Fraudulent €17,000 Electricity Bill
Links for the day
[Meme] Microsoft: Our "Hey Hi" Hype is Going So Well That We Have MASS Layoffs Every Month. Makes Sense?
Contradiction
Latest Mass Layoffs at Microsoft Are Confirmed, Bing and Vista 11 Losing Market Share
They tried to hide this. They misuse NDAs.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular