Bonum Certa Men Certa

Using Blackberry Patents Against Android/Linux Not a Far-Fetched Strategy in the Nation of Software Patents

The demise of Blackberry is a growing patent-stacking threat to Linux and Free software

Blackberry



Summary: Identification of a looming threat to Android/Linux, especially from a company with history of Microsoft deals and a growing patent portfolio that's being considered for sale

The United States, whose patent system is run by large corporations like IBM and Microsoft (the USPTO has long been operating outside the public interest), is a very threatening environment to Free/libre software. To distribute computer programs for free might not be legal there, but it only becomes a problem when distribution is of high volume and by a large company like Google. Microsoft even got large companies paying it for Linux, a widely used operating system kernel. This is unjust and the core cause is software patents.



"The first step to fighting patent trolls is to limit software patents to five years," says this new article, which puts forth a sort of compromise which at least targets the real problem. To quote:

There’s a lot wrong with America’s patent system — it often serves to undercut innovation, limits competition, and rewards trolls. But there’s a relatively easy short-term fix: Cap software patents at five years from issuance, a position adapted from the Electronic Frontier Foundation’s (EFF) Defend Innovation Project. While comprehensive legislation is needed to fix patent law, this first step is critical to reviving and protecting entrepreneurship, R&D, and technological progress in the United States.


20 years if far too long a lifetime for patents that should have never been granted in the first place. Watch how software patents are preventing the spread of voice recognition, motivating this lawsuit over reasonably out-of-date ideas:

As Nuance Communications Inc. and ABBYY Software House — two competitors in optical character recognition — brought their long-running case to a jury in U.S. District Judge Jeffrey White's courtroom on Monday, their lawyers traded classic barbs of patent warfare.

Representing plaintiff Nuance, partner James Bennett of Morrison & Foerster described ABBYY in his opening statement as "a follower, not a leader."

Coming to the Russian company's defense, partner Gerald Ivey of Finnegan, Henderson, Farabow, Garrett & Dunner suggested that Nuance felt threatened by a more nimble competitor.


This is just protectionism. That's what patents are about. When some companies cannot rely on technical advantage alone they then resort to patent monopolies.

Android, which is growing rapidly and taking over the world as a de facto platform (on which most Techrights posts are composed by the way), is actually the target of protectionism from the 'old guard' -- companies it is making less relevant over time.

It is being alleged right now that patents from RIM might get sold. One reader wrote to say: "If BlackBerry sell company... Microsoft will... get QNX which is UNIX like operating system and... patents and QNX technology and Linux?"

"Remember SCO," he added.

Well, Microsoft could pay BlackBerry to later see RIM/BlackBerry suing Android companies. The Nokia and SCO strategy more or less...

Blackberry is of virtually no practical use to Android backers; when Google bought part of Motorola and grossly overpaid it was intended to prevent Microsoft and Apple from getting the patents (which they had reportedly bid for, just like with Nortel).

What if another CPTN member like Oracle bought this company? A new interview with Oracle's CEO was rather revealing. He spoke of Microsoft as an enemy of an enemy (Google) and one author thinks that "Oracle (ORCL) [is] The Perfect BlackBerry (BBRY) Buyer" (for patents at least). To quote:

So BlackBerry (BBRY) has put itself up for sale while also considering a private equity move. Some pundits wonder if the Z10 smartphone maker will break itself up into a mobile service provider and mobile device company. But The VAR Guy wonders: Does a more surprising fate await BlackBerry -- at the hands of Oracle (ORCL) CEO Larry Ellison? Before you dismiss Oracle potentially buying BlackBerry, consider this history lesson.


Microsoft has been publicly aiding Oracle's litigation against Android, announcing collaborations other than CPTN (technical ones too) and filing together antitrust complaints. Here is more of what Oracle thinks of Google.

Speaking of Oracle, what about other CPTN members like Apple and Microsoft (to which Oracle is now very close)?

Apple has been fighting Samsung using patent-induced sanctions at the ITC, with support from Obama's government officials. The Against Monopoly Web site says:

ITC Allows Apple Imports That Violate Samsung Patents



The blog, Public Knowledge, argues that the International Trade Commission should consider the public interest in reaching regulatory decisions on patents. The Obama has so decreed when it overruled an ITC case and permitted imports of Apple phones that it had found to violate duly recognized patents of other companies, in this case foreign firms link here.

When I look at the mess in the whole patent system, I see a world of oligopolies and monopolies built on patents, supposedly designed to encourage innovation, but instead creating a self-perpetuating means to paralyze innovation.


Groklaw has been upset about this and the other day it covered Microsoft's fight against Motorola, which now involves an injunction as well. To quote:

Judge James L. Robart has now ruled [PDF, 38 pages] on Microsoft and Motorola's summary judgment motions, granting in part and denying in part.


The attacks on Android takes many different forms (also antitrust), but the main players behind this attack remain the same. Next week we will revisit the antitrust angle.

Recent Techrights' Posts

Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
 
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026