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Patents Roundup: Apple's Latest Evil Software Patent, Microsoft Breaks the Law Again

Summary: A fresh look at two companies that attack Linux using patents (one of which breaks the very same laws that it's using against Linux)

THE patent system seems to be broken and offenders include rivals of GNU/Linux, such as Apple and Microsoft. Let us look at the latest news.

Apple



Apple is not a friend, especially when it comes to software patents. To give just a sample of recent posts about Apple and patents:

  1. Patents Roundup: Patents as Deterrent Against Innovation, Apple's Role, and Bilski's Toll
  2. How Microsoft (and Apple) Wants to Own GNU/Linux, in the 'Intellectual' Sense
  3. Patents Roundup: Linux, Microsoft, Apple, Patent Trolls and Reform
  4. Patents Roundup: Apple, Microsoft Trolls, and Linux
  5. Novell Collects Software Patents While Apple Attacks Linux with Patents


Here is the latest:

Apple patents anti-user attention-complianceware

Apple's filed a patent on a design for a device that won't let its owner use it unless that person demonstrates that she has complied with an advertiser's demands by paying attention to an ad and taking some action indicating her dutiful attention.


Apple seeks OS-jacking advert patent

Apple has filed a patent application for an intrusive ad-presentation system that requires users to acknowledge adverts before getting on with their work.


Apple Wouldn’t Risk Its Cool Over a Gimmick, Would It? [via]

Its distinctive feature is a design that doesn’t simply invite a user to pay attention to an ad — it also compels attention. The technology can freeze the device until the user clicks a button or answers a test question to demonstrate that he or she has dutifully noticed the commercial message. Because this technology would be embedded in the innermost core of the device, the ads could appear on the screen at any time, no matter what one is doing.


Is this really a company worth supporting for our computing? One that wants exclusivity on yet another customer-hostile idea (there are other very recent examples)?

Microsoft



A lot of discussion began after allegations and accusations against a "sudo" patent. This is a subject that we covered twice before [1, 2] and it continues to be explored because of Groklaw's misinterpretation.

The newer story is to do with an older lawsuit which has just ended, leaving Microsoft guilty. "IP champion accused of IP theft" is how The Register sums it up. [thanks, Will] Watch the implications: "Microsoft has been ordered to stop selling Windows XP in China after a court ruled that certain fonts in the operating system infringe on a Chinese firm's intellectual property."

To Microsoft, halting sales of XP in China might actually seem desirable. Now they have an excuse.

Broken System



Some rather philosophical essays have just been published to explain why the notion of intellectual monopolies cannot stand. From Mises:

If You Believe in IP, How Do You Teach Others?



[...]

So on this score, Rand had perfectly sound instincts (a person should charge as much as he or she can for first run) but Rand's rationale was rooted in this modern notion of intellectual property, a theory, shared by nearly all her contemporaries, on which she was never once challenged. In fact, to a great extent, her philosophy exalted the role and rights of the creator more than any, probably, in the history of ideas. This is a great contribution, but she took the notion too far — for Rand, intellectual rights trumped real rights.


From Libervis:

Implications of rejecting 'intellectual property'



[...]

Critics should think long and hard before they continue to defend "intellectual property". Not only is it based on pure fiction, something with no basis in reality, but their objections are silly and baseless showing more the lack of imagination and an unwillingness to think beyond their current paradigm. Furthermore their defense of IP only helps to prevent any meaningful change to the corporatist society we're living in, EVEN when they root for the Free or Open Source licensing.


According to the FFII's president, '[USPTO Director] Kappos treats software authors as inventors: "young people find new ways to write software in a school computer lab"'

This comes from the same person who called patents "20-year monopoly". Groklaw argues that patent lawyers simply don't understand software.

AN EXPERT IN COMPUTING has suggested that most patent lawyers can't locate their buttocks with both hands when it comes to the nitty gritty of computing, and that computers quite simply don't work the way that most members of the legal profession presume that they do.


It could be worse. Over in East Texas, guess who gets sued for patent violations? "Britney Spears, Justin Timberlake, [and] Others," claims TechDirt.

Of course the lawsuit was filed in East Texas, and it's amusing to see the reasoning for this: according to the lawsuit, all of the performers likely had residents from East Texas who attended some of their concerts, and thus it makes sense. As for the Lakers, well, their games are broadcast in East Texas (even if the screen in question is in LA and probably not of much use or concern to those watching at home in East Texas).


How long before this system is redone or scraped? This insanity cannot prevail because patent critics multiply, even in Europe.

Software patents protest against EPO

Recent Techrights' Posts

Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
 
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day