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07.22.13

Android, Free Software and GNU/Linux Necessitate Death to Software Patents, Not Patent Settlements

Posted in Apple, Patents, Samsung at 11:07 am by Dr. Roy Schestowitz

Settlements not a peace for our time

Chamberlain (GB) and Hitler
Chamberlain (GB) and Hitler

Summary: Now that there are rumours about the possibility of patent settlement with Apple, a reminder is needed addressing the futility of such a route

THE Microsoft-occupied Nokia is mentioned in a pro-Apple site which argues “Nokia’s failure to gain traction in the smartphone market with Microsoft’s Windows Phone platform is seen by one analyst as a sign that consumers are content with the two dominant options currently on the market: Apple’s iOS and Google’s Android.”

“The real solution would be putting an end to software patents.”Well, we already know that Android is gaining, usually at Apple’s expense (depending on the country) and Apple (AAPL) is declining rapidly, even as a financial instrument.

Reports suggest that the best-selling Android devices, which are under patent attack from Apple, may get the clearance they need after a ‘settlement’ between Samsung and Apple. In order to be not GPL-incompatible this would have to encompass Android as a whole, not just Samsung’s use of it. We hardly know anything about the Apple-HTC settlement and Samsung failed to find out as well. If there was a one-time flat fee to pay for Apple to walk away for good, it would be similar to what Google did with MPEG-LA. Here is a report about it all:

There is no indication that the two sides are close to a settlement, but talks between the companies are still going on, the people familiar with the discussions said.

In the negotiations, described sparingly in heavily redacted documents from the U.S. International Trade Commission made public earlier this month and by people familiar with them, Samsung has pushed for a broad patent cross-licensing deal that could settle all outstanding litigation between the companies. It is unclear whether Apple was interested in such a deal.

Even if that happened, it would not prevent other CPTN members like Oracle and Microsoft (and numerous patent trolls/proxies like MOSAID) from attacking Android in court. The real solution would be putting an end to software patents.

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