Bonum Certa Men Certa

Apple's and Microsoft's Patent Attacks and Why the Linux Foundation's Response Disappoints

Why so angry, Steve?!

Steve Ballmer



Steve Jobs
Original photo by Matthew Yohe, modified by Boycott Novell



Summary: A great number of new articles about the effects of Apple, Microsoft, and Intellectual Ventures (funded by Apple, Microsoft, and Bill Gates) on Free software

Apple's attack on GNU/Linux [1, 2, 3, 4, 5] has led Dana Blankenhorn to suggesting that Apple could be the next SCO.

Apple’s suit against HTC could end one of two ways.

Either Apple becomes the next SCO, which ran itself aground claiming rights to Linux, or it becomes the next Microsoft, which is prospering while claiming to own Linux.

The answer depends on how hard Apple presses its case.


According to this new article from the New York Times, Steve Jobs is being anti-competitive.

“We did not enter the search business. They entered the phone business,” Mr. Jobs told Apple employees during an all-hands meeting shortly after the public introduction of the iPad in January, according to two employees who were there and heard the presentation. “Make no mistake: Google wants to kill the iPhone. We won’t let them.”


"Why Apple is paranoid about Android," wonders an IDG blogger, who plays with words of a Radiohead track.

What was surprising was that the theme that Business Insider chose to talk about - RIM holding on to its dominance from the Apple iPhone - was not what caught my eye. What struck me was the Google Android share and the sharp recent increase, suggesting that it's heading ever upwards. In fact, when I go back to the original figure from ComScore, the market share is 7.1 percent - a whopping increase from the 2.8 percent of the previous quarter - that's a little over 150 percent increase in three months. And that market share was achieved very quickly, Android only released its first phone in September 2008, a doubly impressive performance.


As a reminder, Apple also sues Nokia, but Nokia is the company that sued first [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. This case could take years, according to:

1. U.S. Judge Suspends Apple-Nokia Case

The judge stayed litigation in the case pending the outcome of the International Trade Commission investigations that each company requested against the other. The investigation into Apple was announced by the ITC in late January, while the responding investigation into Nokia was launched late last month. After Nokia's first lawsuit, launched in October of last year, Apple filed a counterclaim in the Delaware district court, also accusing Nokia of patent infringement. Nokia subsequently launched a second suit, aiming to block importation of Apple hardware into the U.S.


2. Nokia, Apple seek patent trial in 2 years

Top phone makers Nokia and Apple will seek a U.S. court hearing in a key patent battle in mid-2012, a court filing showed, raising the specter of a prolonged legal struggle.


Here is a note about prior art and LWN with a list of the patents and a discussion. IDG has this list of top smartphone lawsuits.

Over the past decades, the software patent has become a weapon of choice in tech circles.


One writer argues that "Apple's patent offensive sends message to rivals". It's a bully's technique, like "Shock and Awe" or "crazy dictator" (always be aware of the lawsuit-loving, trigger-happy one).

Apple's patent infringement case against HTC is part of a larger effort to give rival smart phone manufacturers pause as they pursue iPhone-like features in their devices, according to a research note from Oppenheimer analyst Yair Reiner.

Philip Elmer-DeWitt of Brainstorm Tech relates the note, which recounts the way Apple is working behind the scenes to stop what it calls the rip off of its intellectual property. It also suggests that Apple's IP battle could deal a blow to Google's Android operating system and manufacturers relying on it.


Apple and Microsoft are actually both in it, having previously bullied companies like Sun over the use and support of Free software [1, 2]. They keep the abusive behaviour secret for the most part.

This also brings us back to Amazon's patent deal with Microsoft [1, 2, 3]. "Microsoft's Amazon deal was all about Linux," says this one article.

However, buried in the small print of the press release about the deal was a set of technologies covered by the agreement including the Kindle, which employs open source software, and Amazon’s use of Linux-based servers.

What this could mean is that Microsoft is popping around to some of the bigger Linux based technology outfits and saying: “Look you have some stuff we want to use, give us the rights to use it and we will not make you the first person we sue over Linux”.

[...]

What surprises us is that the Open Source community has not kicked up more of a stink about it.

Jim Zemlin, of the Linux Foundation, wrote of the deal that most technology companies have invested heavily in patents and that a cross-licensing agreement is a non-news event. The fact that two entities with expensive stockpiles of outdated weapons felt the need to negotiate détente is not surprising.


We have already complained about apathy from Zemlin and a few others [1, 2]. There is a poor approach from the Linux Foundation, which is not opposing software patents (its funding sources don't). Instead, the foundation plays along with the dirty games of lobbying. "Software freedom has a posse – in Washington DC," says Phipps from the OSI, who adds that:

You’ll recall I posted a long analysis of the sick position the IIPA took urging the US Trade Representative (USTR) to discriminate against countries around the world if they have a preference for software freedom. That analysis become an input for the excellent position statement, written collaboratively by the OSI Board and posted by OSI President Michael Tiemann, calling for action by national groups.


Here is OSFA's announcement and some resultant press coverage. OSFA should have spent energy lobbying to abolish software patents once and for all, but then again, some of the companies it represents are fake friends of Free software who actually like software patents (companies like Google and IBM, for example).

One issue that we mentioned before is that Google had gotten sued by some obscure company [1, 2] and Microsoft did too [1, 2, 3, 4, 5, 6, 7] (there are $242,000,000 at stake, a similar amount to that of the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]).

One would think that Google and Microsoft can abolishing software patents, but the benefits they receive from these monopolies are greater than the occasional damages. According to this new report from IP Watch, Microsoft is now joined by it patent troll Nathan Myhrvold, who helped the company hack the patent system.

Indian Civil Society Raises Concerns Over US Industry-Sponsored IP Summits



[...]

Public interest groups in India are raising questions over annual summits involving Indian judges and policymakers that are being funded by major western industry groups, in particular pharmaceutical companies. At this year’s summit, held recently, a section of India’s patent law which prevents the extension of monopoly power for incremental innovations came under attack, the groups have said.

[...]

Companies with a “vested interest in software patents” such as Intellectual Ventures, Microsoft, and Qualcomm also have been involved, although such patents are not currently allowed in the country, it added.


Why is Intellectual Ventures even involved in this? It has no products and it contributed nothing to society or industry. It's just a leech that spends over a million dollars per year lobbying while bullying a variety of companies, which lose their income to this leech.

Change is needed and it involves abolishing software patents, not working one's way around them. OSFA ought to work towards that goal and identify Apple, Microsoft, or even their shells that they fund as foes not worth working with.

"Intellectual property is the next software."

--Nathan Myhrvold, funded by Apple, Microsoft, and Bill Gates

Comments

Recent Techrights' Posts

Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
 
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it