Bonum Certa Men Certa

Microsoft Happy About Apple's Invocation of Software Patents Against GNU/Linux

Ballmer on patents



Summary: Mobile Linux proceeds from one victory to another while Apple and Microsoft pointlessly attack with software patents

EARLIER TODAY we wrote about news reports which suggested that Microsoft played some role in Apple's lawsuit against GNU/Linux (via Google/Android). Just like in the TomTom case, Apple and its supporters insisted that people should not perceive this as a case against Linux (Microsoft used the same lie to save face while doing the damage).



There is support for Apple's action coming from Microsoft (Apple's patent buddy since a long time ago), based on the following new report where Microsoft's Brad Smith is quoted as saying about the HTC-Apple lawsuit: "the fact that there’s litigation in this area is not necessarily a bad thing."

Here it is with some more context:

With several Windows Mobile devices named in Apple’s patent suit against HTC, you’d be forgiven for expecting Microsoft to have a few words of quiet support for their hardware partners. However it seems Microsoft are quite looking forward to a general battle; speaking at an IP convention last week, Brad Smith, the company’s general counsel and senior vice president told amassed lawyers that ”the fact that there’s litigation in this area is not necessarily a bad thing.”


Microsoft seems rather eager when it comes to Apple introducing software patents as game changers in phones, as means of harming Linux as a free platform.

Let's recall the Apple-Nokia lawsuit (it is a two-way battle now [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]) which involved two -- not one -- proponents of software patents, one of which uses Symbian and Linux (Maemo/MeeGo). Apple accuses Nokia of using "legal alchemy" to hide infringements. IDG covers this, but it wrongly uses words like "IP" (it actually means to say patents) and "theft" (infringement does not constitute taking away from the original) right in the headline.

Nokia last week asked a federal judge to toss out Apple's antitrust claims, saying the iPhone maker indulged in "legal alchemy" when it tried to divert attention from its "free-riding" of Nokia's intellectual property.

The filing last Thursday was the latest salvo in a battle that began in October 2009 when Finnish handset maker Nokia sued Apple, saying the iPhone infringed on 10 of its patents and that the U.S. company was trying "to get a free ride on the back of Nokia's innovation." Nokia demanded royalties on all iPhones sold since Apple introduced the smartphone in June 2007.


Earlier today we also reiterated the fact that developers for platforms like Mac OS X and iPhone are merely being exploited [1, 2]. This is discussed further by Dana Blankenhorn right now:

“If Apple wants to be a real leader, it should be fostering innovation and competition, rather than acting as a jealous and arbitrary feudal lord.”

Is that a quote from Richard Stallman? From Steve Ballmer? Some dirty hippie blogger like myself?

Nope, it’s Electronic Frontier Foundation lawyer Fred von Lohmann (right), responding to his own “get,” a copy of the iPhone Developer License Agreement, now posted on the EFF Web site.


Tim Bray, who used to be buying a lot of Apple gear, is now comparing Apple to "Evil" (that's a strong word with somewhat religious connotation) as he joins the Android team [1, 2] (we mentioned this last night). Here is what he wrote:

The iPhone vision of the mobile Internet’s future omits controversy, sex, and freedom, but includes strict limits on who can know what and who can say what. It’s a sterile Disney-fied walled garden surrounded by sharp-toothed lawyers. The people who create the apps serve at the landlord’s pleasure and fear his anger.


Bray would be a good asset to Linux/Android/Google. He is the co-inventor of XML (which didn't really need much 'invention'). Bray is an opponent of software patents, so hopefully he'll wake Google up.

The inventor of the cellphone has also just dumped the iPhone and moved to Android (Linux):

It turns out that Martin Cooper, the man who invented the cell phone, is the proud owner of a Motorola Droid! In a story which aired on C-SPAN, Martin discussed the politics of cellphones, as well as his current device.


According to some preliminary figures, Droid alone (that's just one phone running Android) is beating iPhone's record:

Did you know that it took the iPhone only 74 days to reach 1 million units sold? Oh you've heard that, huh? Well, did you know that the Motorola Droid moved more units in the same time frame? Yeah, you probably didn't expect that. Frankly, neither did we. The latest report from Flurry shows the Droid pushing 1.05 million handsets in the first 74 days of release, eclipsing the number set by Apple.


No wonder Apple is so nervous. Microsoft is going nowhere too. Matt Asay, formerly a huge Apple fan, has just said the following things about Linux versus Apple (when asked whether "Linux [can] compete with Apple"):

Asay: I'm not sure this is the right question, as Linux already competes with and beats Apple in a huge array of devices. Linux spans everything from HPC to embedded devices and everything in between. Apple cannot compete with that. Could you build a supercomputer using Mac hardware? Sure, but you'd be mortgaging your house to do so and even then, the Mac would likely lose.

Of course, Apple doesn't want to compete in such markets. It's famously focused and opts to do a few things very well, like its iPhone and laptops.

Can Linux compete in these markets? Yes. Of course it can. Look at Android as perhaps the best example of effectively competing with Apple in mobile. Apparently Apple agrees with me, as its patent infringement suit against HTC is almost certainly a shot over Google's bow, as The New York Times recently suggested. Apple is worried. And it should be.


The Source commends Asay for some of his remarks which he made since had joined Canonical.

As a side note, although I expressed strong reservations when Mr. Asay was named Canonical COO, I haven’t heard anything from him yet that I find objectionable.


To summarise, Apple's action against GNU/Linux is supported by Microsoft while several notable people move away from Apple and directly to Linux. Among them: co-inventor of XML, inventor of the cellphone, and former Apple enthusiast and blogger Matt Asay.

"First they ignore you, then they ridicule you, then they fight you, then you win."

--(Usually attributed to) Mahatma Gandhi



Comments

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
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
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
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
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?
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
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
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