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 Watch how software patents are preventing the spread of voice recognition, motivating this lawsuit over reasonably out-of-date ideas: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

Windows Sinking Below 13% Market Share in the Island of Jamaica
Microsoft's decline continues and will mostly likely continue indefinitely in Jamaica and its neighbours
Women in Free Software (FOSS) Need Action, Not Mere Words
the men who are loudest about women's rights are some of the very worst offenders
Embrace, Extend, Extinguish Minecraft
These folks should check out Minetest
Techrights Statement on Men Who Viciously Attack Women in Free Software
history shows women will win
Tux Machines: Third Party Impending
There will be more next week
 
Removing the Tumour From IRC
looking back
[Meme] The Free(dom) Software Engineer in European Elections
“When the debate is lost, slander becomes the tool of the loser.”
Vista 11 Was 'Leaked' Exactly 3 Years Ago and This One Picture Says It All
how 'well' Vista 11 has done
A Smokescreen for Brad Smith
Maybe the key point was to say "Linux is not secure either" or "Windows and Linux are equally vulnerable", so don't bother dumping Microsoft
Links 15/06/2024: Microsoft's Intellectual Ventures Attacks Kubernetes With Software Patents, More Layoff Waves
Links for the day
Gemini Links 15/06/2024: On Lagrange and on YouTube Getting Worse
Links for the day
Edward Brocklesby: hacker received advance notice of zero-day vulnerabilities in MH and NMH email software
Reprinted with permission from Daniel Pocock
[Meme] Code Liberates Kids
Matthias Kirschner: I can't code, but I can write a book
In Armenia, Bing is Measured at 0.6%, About Ten Times Less Than Yandex
Bing will probably get mothballed in the coming years
[Meme] A Pack and Pact (Collusion Against Computer Users)
They never really cared about users, no more than drug dealers care about drug users...
GNU/Linux in Azerbaijan: From ~0.1% to 7%
Azerbaijan is around the same size as Portugal
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 14, 2024
IRC logs for Friday, June 14, 2024
[Meme] People Who Cannot Find Gainful Employment Because of Their Poor Behaviour Online (Not the People Who Merely Call Them Out on It)
Imagine trying to become a lecturer while talking like this in public
You Too Would Get Nervous
countries where Windows is down to 2%
[Meme] The Two Phases (and Faces) of Microsofters
Microsofters: stalk IRC, then troll IRC
The 'Nobody Reads Techrights Anyway' Crowd
Send In the Clowns
Books in the Making
I intend to spend a considerable amount of time explaining what my family and I were subjected to for the 'crime' of promoting/covering Free software
Microsoft is Still Losing Malta
And GNU/Linux is doing well on laptops and desktops
Links 14/06/2024: Microsoft Layoffs in the News Again, East-West Conflict/Tensions Update
Links for the day
Links 14/06/2024: Comments on the Death of Email and Lagrange Commentary
Links for the day
Dutch Government Appoints Microsofters to Combat "OSS Fetishism"
What corruption looks like
Microsoft's Collapse in Africa and Shutdown of Entire 'Development Centre'
Unlike what Microsoft claimed in face-saving statements
[Meme] Not Your Typical IRC Troll and Harasser
I say, let's punch nazis...
GNU/Linux's Journey in Qatar: From 0.1% to Over 3%
Windows is no longer an important contender there
Secret Contracts and Corpses
The media pretends it's just some generic "IT" issue, but it is not
Bing Has Run Out of Time and Microsoft Might Dismantle It (Save a Financial Miracle)
How much more of investors' money is Microsoft willing to throw in the trash?
Statement on Antisemitism in Our IRC Network and in Social Control Media
In an ideal world nobody would have to be banned from IRC
Gemini Links 14/06/2024: Ads vs. Content, Why Aliases Are Har
Links for the day
Vista 11 Has Fallen in Switzerland, a Country That is More Microsoft Friendly Than Most of Europe
GNU/Linux rose to its highest level there in almost half a decade
Microsoft is Dying in Africa
Based on the Central African Republic, which "is around the same size as France"
[Meme] Microsoft in Africa
Are you telling me Windows is now down to 1% 'market share' in some countries?
Management of the European Patent Office Misleads Staff on Views of the Office's Staff Committee
The EPO as a workplace very rapidly deteriorates
[Meme] Newer is Worse
"They say those are New Ways of Working (NWoW); New does not mean better, it is worse"
Microsoft Needs to be Banned From Contracts, Including Government Contracts, Not Just for Security Failings But for Criminal Negligence, Corruption, and Fatal Cover-ups
How many deaths will it take for Microsoft to face real, effective scrutiny rather than kid gloves treatment?
Links 14/06/2024: Violence, Famines, and Montana Has More Cows Than People
Links for the day
Microsoft Telecom Layoffs, Facebook Layoffs in Africa: A Month After Microsoft's Mass Layoffs in Lagos (Nigeria) Facebook/Meta Does the Same and Microsoft is Now Retreating and Quitting an Entire Sector! (Affirmed Networks and Metaswitch)
Disasters in the making for GAFAM. Money down the drain.
Papua New Guinea: GNU/Linux Growing, Windows Down Below 15%
it seems indisputable there's headway and momentum
"Planets" Cannot Replace Social Control Media, They're Very Much Akin to It (Censorship Hubs, Gatekeepers)
Don't be subjected to gaslighting; make your own OPML file
Topics That Truly Irritate and Consistently Infuriate the Microsofters (Whenever We Cover These)
Censoring uncomfortable information is a difficult activity that has its limits, even in Reddit
Honduras: Vista 11 Down, GNU/Linux Up
Valve sees GNU/Linux as bigger than Apple's MacOS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 13, 2024
IRC logs for Thursday, June 13, 2024
LibrePlanet 2024 and the Lost Video/Audio of Talks
After the event was over someone informed us that due to technical issues they had lost (or failed to acquire) recordings of the talks
Choosing Between Options to Outsource to Evades the Best Solution (Self-Hosting)
Most users don't need this sort of complexity
IBM Layoffs at Kyndryl
This can soon spill over to Red Hat
Turkmenistan: GNU/Linux Leaps Past 5% This Month?
This is how statCounter sees it
Watch This Space
what matters most is not the volume or quantity of publications but their underlying depth and quality
Short Downtimes, Planned Maintenance
Hypervisor maintenance is planned
Links 13/06/2024: Ongoing Sharp Increases in Deaths, Mediterranean Diet Linked to 23% Lower Risk of Death in Women
Links for the day
Gemini Links 13/06/2024: Linuxing of the Dell Laptop and Deep Dive into the World of the OpenEarth Foundation
Links for the day
New Highs for Android in Haiti (Nearly 80%), Microsoft Windows at Only 4%
that's Android at another new high and very close to 80% (it now seems inevitable)
[Meme] How Stefano Maffulli (and Microsoft's Own OSI Insiders) Make Money
Milking what's left of the OSI by attacking its very mission - something that more people now recognise
Mobs Don't Get the Job Done (Mob Leaders Have Lost Credibility/Visibility, Job, or Both)
their demands weren't met
Montenegro: GNU/Linux "Proper" at Over 6%
Windows is down to record lows
Links 13/06/2024: Overpopulation Woes, Best Buy Lays Off More Employees
Links for the day
Nationwide Eventually Did Listen
Miles better than their original nonresponse
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024