Bonum Certa Men Certa

Patents Roundup: Both Apple and Microsoft Use Software Patents Against GNU/Linux, Get Sued for Violation Along With Google and Facebook; Amazon-USPTO Comedy Resumes

Rainbow troll



Summary: This week's latest patent news which has impact on the Free software world

Apple and Microsoft Patent Extortion Against Free Software Goes Almost a Decade Back



PROPRIETARY SOFTWARE companies think alike. Apple's attack on GNU/Linux [1, 2, 3, 4, 5] turns out to be many years old [1, 2]. At Microsoft too, Bill Gates had spoken about a “Jihad” (his word) against Linux at Intel almost a decade ago. They managed to keep it secret for many years. These CEOs are control freaks who let nothing in their way stop them. Schwartz, the former CEO of Sun, says that "for a technology company, going on offense with software patents seems like an act of desperation, relying on the courts instead of the marketplace....[S]uing a competitor typically makes them more relevant, not less. Developers I know aren’t getting less interested in Google’s Android platform, they’re getting more interested."



Here is an interesting pick from the news:

The concern is that Microsoft's Windows 7 mobile operating system has the iPhone's market in its sights and that Microsoft has a deep background in software patents to back it up.

One worry for Google is that Apple's legal battle with HTC may weaken the momentum of Android-powered phones.


Apple and Microsoft both share an affinity for software patents and they also cross-license. This means that Apple's bullying of GNU/Linux with software patents is very beneficial to Microsoft, which pools the same patents as Apple's. In the news we now have (references not listed before):

Former Sun CEO claims Jobs threatened lawsuit in 2003

Apple Tried to Bully Sun With Lawsuit Threats in 2003

Apple and Microsoft "threatened to sue Sun"

Ex-Sun CEO dishes dirt: Steve Jobs as Apple "patent troll"

Former Sun CEO Says Apple's Jobs Threatened To Sue Co In 2003

Former Sun CEO Schwartz dishes on patent fights with Jobs, Gates

Daily Dose - Schwartz: Apple and Microsoft Tried to Sue Me Too!

Steve Jobs threatened to sue, says former Sun CEO Schwartz

Former Sun CEO Jonathan Schwartz describes Steve Jobs showdown

Sun fended off Apple, Microsoft IP lawsuit threats

Former Sun CEO: Steve Jobs threatened to sue us over patents too

Former Sun Microsystems CEO: HTC Isn't the First Company to Face Legal Threats From Steve Jobs

Ex-Sun boss spills the beans on Apple patent threats

Schwartz on Steve Jobs’ “bullying tactics

Former Sun CEO Takes Tech Titans to Task Over Patent Trolling

Former Sun CEO: Tech Companies Suing Over Patents Is An Act Of Desperation

Schwartz tells the story of Steve Jobs calling him and threatening Sun with a patent infringement lawsuit, to which Schwartz quickly warned Jobs that going down that path would lead to a patent nuclear war, as he pointed out how recent Apple products likely infringed on Sun patents. He then tells another story about a visit from Bill Gates, with a similar threat over patents -- and a similar response, pointing out that Microsoft clearly copied certain Sun technology. In both cases, the counterweight made the threats go away. This is the whole "nuclear stockpiling" scenario -- and, as such, it creates a ton of waste. You have to keep building up those stockpiles just to make sure the other side is too scared to sue you.


Gates Asked for IP Royalties for OpenOffice from Sun Microsystems

Sometime between 2003 and 2006, Microsoft Chief Executive Officer Steve Ballmer and Co-founder and chairman Bill Gates visited Sun Microsystems. It wasn’t a courtesy visit, according to Jonathan Ian Schwartz, Former CEO of Sun Microsystems. The Microsoft duo were on a mission to convince Scott McNealy, Sun’s then CEO, to enter into a patent licensing agreement with the Redmond company. Moreover, Gates wanted compensation for the patents that Sun Microsystems was allegedly violating with OpenOffice, a rival product of Microsoft’s own Office productivity suite. Sun resisted.


This ought to make GNU/Linux users who defend Microsoft or Apple think twice.

More Apple and Microsoft



The i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] is not quite over yet. Microsoft's defense of software patents is costing it dearly; its cash cow is at stake and it's still trying to exhaust the plaintiff, as usual [1, 2]. The legal system is built in such a way that it favours those who can endure (afford) more motions, which is why Microsoft manages to get away with many real offences and have charges dismissed. It's a brute force game.

Two days ago we found out that Apple is getting sued for patent infringement again:

Apple, Research in Motion, and a gaggle of other deep-pocket firms have been slapped with a wide-ranging patent infringment suit by an obscure Texas firm.

The suit alleges that Apple and RIM - plus AT&T, Insight Enterprises, LG Electronics, Motorola, Pantech Wireless, Samsung and Sanyo - are in violation of one or more of seven mobile phone–related patents. The allegedly infringed-upon patents include ones for Bluetooth connectivity, syncing, background processing and other mobile matters.


Here is more about Apple, relating to something that we covered 2 days ago.

More than 100,000 app developers have reportedly signed the iPhone Development Program License Agreement allowing them write software for the iPhone, however few people outside the inner circle of developers have ever seen the documents thanks to a non-disclosure clause included in the agreement.When NASA released the NASA App for iPhone, The Electronic Frontier Foundation (EFF) seized the opportunity to get a copy from the federal government under the Freedom of Information Act.


Google and Facebook Get What They Deserve



Google is not an opponent of software patents and neither is Facebook [1, 2]. This is why the following new lawsuit is probably good news:

Google, Facebook sued on mobile notworking

Google and Facebook have been sued in New York by a company claiming to own software patents that put social networks on mobile phones.


Google, Facebook Sued Over Social-Networking Patent

Wireless Ink Corp., which runs the Winksite service, claims that Facebook Mobile and Google Buzz are infringing a patent issued in October. In a complaint filed yesterday in federal court in Manhattan, the company is seeking cash compensation and a court order to prevent further use of its invention.


Let them get sued. Maybe they will eventually learn that software patents are not worth the trouble. They makes this patent system a wasteful farce that does not promote science like it was originally supposed to.

Amazon a Mockery to the USPTO



Amazon's patent deal with Microsoft [1, 2, 3, 4] showed us that Amazon is not an opponent of software patents, but we already knew that. One of the most infamous examples of Amazon's shameful patent policy is the 1-click patent, which the USPTO is still unable to bin. Here is the latest development. From Slashdot's summary/description:

Zordak writes "Amazon's infamous '1-click' patent has been in reexamination at the USPTO for almost four years. Patently-O now reports that 'the USPTO confirmed the patentability of original claims 6-10 and amended claims 1-5 and 11-26. The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a 'shopping cart model.' Thus, to infringe the new version of the patent, an eCommerce retailer must use a shopping cart model (presumably non-1-click) alongside of the 1-click version. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope.'"


This is also covered in:

Amazon One-Click Patent Slides Through Reexamination

Amazon.com's 1-Click patent confirmed following re-exam

US Patent Office Decides That One Click Really Is Patentable

One Click Patent Reexamination over - with claims amended and other Amazon applications rejected in light of my prior art

The failure here is the USPTO's and the greed is Amazon's.

Recent Techrights' Posts

The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
 
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day