Bonum Certa Men Certa

Mobile Linux (e.g. Android) Still a Victim of Software Patents, No Peace in Sight

Retarding innovation in the name of profit

Manchester Piccadilly



Summary: A look at recent developments in the fight against mobile Linux (notably Android these days) and whoever is behind the patent attacks (not always as obvious as people are led to believe)

THERE IS A lot to be said about the impact of software patents on Free (as in freedom) software, such as Linux or Android. Yet another OIN 'ad' (among others) has just been published because the OIN turned 10 and decided to start a publicity campaign, approaching journalists and yanking out press releases in a lot of Web sites. The OIN is, in simple terms, a conglomerate of software patent holders, led by lobbyists for software patents (notably IBM). It is trying to make software patents and Free software look mutually compatible, reconciling or ignoring the fact that the two are inherently in conflict. SJVN wrote that "One reason why Linux weathered patent attacks and trolls to become today's dominant server and cloud operating system is because the Open Invention Network united its supporters into a strong patent consortium."



No, that's not the reason. OIN might try to take credit for it, but that's utter nonsense. Free software and GNU/Linux succeeded despite OIN and software patents. In many ways, Free software and GNU/Linux continue to suffer from software patents and this will be the subject of today's post.

IBM is not the only company that supports GNU/Linux and software patents at the same time. As patent maximalists remind us right now, other large companies, even in China, are doing this. Consider Xiaomi's story. "Responding to a question about recent high-profile executive hires," writes IAM, "Lei said: “Former Qualcomm global senior vice president Wang Xiang joined Xiaomi in July. He’s in charge of our IP. We should be able to make progress in this. Xiaomi pays great attention to innovation. Last year we applied for 2,700 patents. This year’s goal is 4,000.”"

This won't protect them. The matter of fact is, those overall (aggregate) numbers are low compared to the likes of Microsoft, which uses patents to extort GNU/Linux and Android backers like Xiaomi (it's allegedly, based on numerous recent reports, working on a GNU/Linux laptop, not just Android devices).

Microsoft Versus Android



Microsoft continues to attack Free software using patents. Ewan Spence wrote about this the other day. He is syndicated in some large sites and most prominent was probably this article from Forbes, titled "Microsoft's Slow Yet Successful Infection Of Android". Spence is right to claim that "Once more Microsoft has announced an updated patent licensing deal around smartphone technology, and once more a Microsoft deal includes the pre-loading of Microsoft’s productivity software on a smartphone. As more partners come on board, Microsoft’s cloud-based services and applications are becoming more prevalent within the Android platform."

As we explained at the time, this is not a "patent licensing deal" but an extortion which targets a company from Taiwan, PRC. Microsoft is using blackmail (with patents) to get its way. Spence continued: "The more occasions that users encounter the software, the better the sign-up rate will be for Microsoft. Look back over the last year at Microsoft’s deals and you will find that many of the major manufacturers in the Android space have deals that include bundling Microsoft apps, with Sony, LG, Dell, and a number of other smaller manufacturers all signed up."

This is a large-scale campaign of extortion and it continues to widen. If it wasn't for software patents, this probably wouldn't be possible. China's government is trying to counter this (e.g. by publishing a secret list of Microsoft patents asserted against Linux/Android), but will this really help shield Chinese giants like Xiaomi and Huawei? It has not protected ZTE.

Speaking of patent attacks on Android, how about patent trolls? How about Microsoft's troll, Intellectual Ventures? It has been attacking Android backers over their use of Android this year. Such patent bullies obviously help Microsoft against Android while Microsoft says it opposes these (Microsoft is clearly supporting them, even arming them, or at least those that are working for Microsoft or attacking Google, e.g. MOSAID and Vringo).

There is a silent war on Android and Google going on, paralleling Microsoft's war on privacy.

Apple Versus Android



Several weeks ago the appeals court granted an injunction to Apple, banning some features from Samsung's Android phones, which are the world's best sellers. Here is another take on it, aptly titled "Appeals Court: It Is In The Public's Interest That Samsung Not Be Allowed To 'Slide To Unlock' Devices" (software patents).

To quote TechDirt: "The patent fight between Apple and Samsung has been going on for many years now with Samsung being told to pay a lot of money to Apple. But on one point Apple has been unsuccessful: getting an injunction barring Samsung from offering products for sale that include the "infringing" inventions -- such as the concept of "slide to unlock." I still have trouble understanding how "slide to unlock" could possibly be patentable, but there it is: US Patent 8,046,721 on "unlocking a device by performing gestures on an unlock image.""

It's a very simple concept, much like opening a gate that keeps cattle confined. The CAFC (Court of Appeals for the Federal Circuit) is once again helping software patents and Android antagonists like Florian Müller are visibly jubilant [1, 2, 3], even though this lobbyist with history of doing activism against Android (for money) seemingly flip-flops at times and occasionally criticises Apple, though not yet Oracle.

Just remember that Apple uses software patents against Linux. Here is an article titled "Samsung Infringed Apple Software Patent". It was very big news at the time. Even the BBC covered it, but poorly (too shallow). Britain's leading technology news site chose the clever headline "Apple VICTORY: Old Samsung phones not sold any more can't be sold any more".

What Apple did to Linux with patents in this case is more or less the same as patent trolling, except the size of the plaintiff is a lot larger and there are phones with the "Apple" name/logo on them (even though it's not Apple that makes them, Apple is not an Asian company and it has no factories of its own).

Watch this space for followups as this legal fight is far from over. Apple won this round [1, 2, 3], but Samsung continues to outsell Apple.

Bogus 'Peace'



At the end of last month some people were left with the false impression that Google and Microsoft had reached some kind of peace. See this analysis titled "Microsoft: Sacrificing Android Patents Licensing In Favor Of Platform-Agnostic Growth".

Well, Microsoft is not “Sacrificing Android Patents Licensing”, it still attacks (with software patents) many companies. The Microsoft-Google deal is only applicable to the Motorola litigation; every other company that uses Android is still attacked, sometimes by proxy.

FOSS Force wrote that "[a]lthough it’s certain that some money is exchanging hands in the process — an appeals court in July ruled against Motorola in a case Google was defending — no terms of the agreement have been released."

This kind of patent 'peace' between Microsoft and Google means that Microsoft proxies will do more suing. Android OEMs (not Google) will take the burden of extortion.

There were many articles about this, e.g. [1, 2, 3] and Müller, whom Microsoft had paid for Android FUD, wrote: "There's nothing in it that would suggest Microsoft made any headway in five years of suing. This one is structurally reminiscent of the second-class settlement Google reached with Apple last year from a position of mutual weakness: neither do Android's enemies hold patents that would represent a serious threat to the world's most widely-distributed mobile operating system nor are the patents for which Google bought Motorola powerful enough to force Apple or Microsoft into a cross-license covering the entire Android ecosystem."

The part that we didn't like to see reappearing is this: "Microsoft has the industry's best IP licensing team and is generating billions of dollars per year in Android patent licenses."

This is not true; nobody has evidence to that Microsoft earns anything this way. It's a leverage card for extortion and FUD.

BlackBerry Edging Towards Patent Trolling



BlackBerry is moving to Android these days (it won't admit that its own proprietary operating system is on its death throes yet), but it doesn't mean that it won't be using patents to attack competitors who use Android (like Sony does for instance). It is still possible that BlackBerry will become a patent troll based on some recent reports [1, 2, 3, 4, 5, 6, 7, 8], the most principal of which came from Reuters and was titled "BlackBerry CEO sees company patents as key to turnaround strategy".

BlackBerry's CEO has spoken of other things too [1, 2, 3, 4, 5]. It may be premature to judge BlackBerry's future direction, but either way, just like Nokia, it has the potential to do a lot of harm with its patents arm.

What we sorely need right now is a universal (global) end to software patents. Our next post will focus on India's patent policy and US patent policy we shall cover some time in the coming days.

Recent Techrights' Posts

Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
 
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day