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

How to Dehumanise a Triple National
Don't be easily incited against those who sacrifice a lot to inform the public of suppressed topics
IBM CEO Says IBM Won't be Bankrupt by 2028 or 2029 (When He Reaches Retirement Age)
IBM has no path to survival
Big Blue's Quiet Axe - Poem Regarding IBM "RAs"
No idea who posted this, but it is profound
Growing Proportion of Linux Commits Being Made by LLMs Not a Sign of LLMs Working, It's a Sign of Linux Development Being Shifted From Community to GAFAM and Other Slop Pushers
antagonist became apologist
Worse Than "Taking Your Job", the Slop Pyramid Scheme Will "Take Your Pension"
This will not end well
 
In Chile, GNU/Linux Approaches 4%
Let's see if it can exceed 5% by year's end
No Room for Misogyny and Incels in Free Software
How can we ever trust men whose own family and their own partners cannot trust?
In El Salvador, ChromeOS and GNU/Linux Now Measured at Around 12%
signs of gradual and steady adoption of GNU/Linux
Software in the Public Interest (SPI) Starts Spending Big Money in an Effort to Resist Lawsuit From Daniel Pocock
They've lost over half a million dollars in the latest 3 years
The Establishment, Cambridge, Steve McIntyre & Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Internet Archive Harmed by Slop Bot, "EBay And Former Execs Agree to Pay $56 Million For Trying to ‘Crush’ a Journalist"
Links for the day
Luxembourg and Software Freedom
Luxembourg's adoption of GNU/Linux has quite consistently been higher than the European average
The Free Software Foundation (FSF) Web Site is Online, GNU's Site Having Issues (Ongoing Issues)
We hope they can rectify the issues with the GNU Web site
Freedom Includes the Liberty to Disagree (and be Listened to, Not Censored)
Freedom is our collective strength
Tanzania: GNU/Linux Now Seen on 8% on Desktops/Laptops (User Clients)
numbers have more than doubled
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 04, 2026
IRC logs for Tuesday, August 04, 2026
Gemini Links 05/08/2026: Being Good, Tildeverse and Tilde.pink, Games
Links for the day
Links 04/08/2026: GAFAM Expressing Concerns About Dangerous Disinformation by Slop, Bill Epsteingate-Connected Litigation Firm Salivating Over Europe
Links for the day
Gemini Links 04/08/2026: Root Shell and "Duty of Care"
Links for the day
Alternate Data (Not IBM's Headcount) to Show Mass Layoffs' Effect at IBM (Despite Many Acquired Workers Via M&A)
mass layoffs at Hashicorp and at Confluent this year (media did not cover either).
Abundance of Fake (Sometimes Paid-for) 'News' About IBM Will Discredit the Media as a Whole
In 'the news' today
Microsoft is Trying Vapourware Again (to Keep Developers and Gamers From Fleeing)
For XBox, the main thing over the horizon is additional layoffs
statCounter Reckons 12.33% of Web Traffic in Gambia Can be Attributed to GNU/Linux, Even 15% If Adding ChromeOS
Will this be sustainable?
Reminder: The Pedophilia Problem Comes From the Accusers
Attacks on Richard Stallman are a distraction; his accusers are themselves the culprits
SLAPP Censorship - Part 139 Out of 200: Solicitors Regulation Authority (SRA) Needs More Public Scrutiny (New Management Changed Nothing, It's Costing a Lot of Taxpayers' Money)
millions or maybe billions of pounds wasted
Rumours of Further IBM Shutdowns
IBM is going out of existence
Brigading Against Women - Part II - Threatening Women Using the Human Rights Tribunal of Ontario (HRTO) and Then False Threats Miscarrying the Name of a Court
In this series we intend to show the threats, the outcomes of those threats, the response to those threats
Collapse of MElon Companies a Taste of What's to Come for Slop Bubble and GAFAM (Trillions in Debt, Justified as Slop "Investments")
One good example of this was SpaceX
The 'Hyperinflation' in Hardware Dooms Video Hosting (Very Large Files)
a terabyte of video files would be expensive
Rumours of Silent Layoffs in Microsoft This Month (August 2026), PIPs and Global Voluntary Separation Agreement (GVSA), aka "Buyouts"
Will any investigative journalism follow or just shallow puff pieces and LLM trash from slopfarms?
Links 04/08/2026: "Framework for Musician Burnout" and Alexa+ "is a Buggy Embarrassment"
Links for the day
Signs That XBox as a Console is Coming to an End, Windows Gaming Will be Called "XBox"
"XBox" is the next "Surface"
Microsoft's Share in Search Falls Sharply in Europe
The layoffs at Microsoft's Bing will carry on
Romania: GNU/Linux Reaches 4% (Less Than EU Average)
We expect this same upward trend to carry on
Microsoft Sites or Sites Sponsored by Microsoft Angry That GNU/Linux is Gaining
The Microsofters cannot easily dismiss reports of GNU/Linux growth as "bots" or just allege that statCounter alone is wrong
Ableism in the Free Software Movement Typically Comes From GAFAM Operatives and Proprietary Software Apologists
And their hired guns
Afghanistan: GNU/Linux Steadily Rises to 9%
Windows is steadily declining
IBM Innovation: It Has Invented New Methods of Silent Layoffs or Secret RAs
How IBM disguises mass layoffs now
Many Anniversaries
Many anniversaries in quick succession
LLM Slop Won't Replace People and Jobs (in the Long Run)
At the end of the day, people who know their job offer more useful information, whereas LLMs waste people's time (typically an 'externality' to the entity deploying chatbots)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day
IBM Has Embraced and Rewarded Liars
The IBM culture vanished
statCounter Estimates GNU/Linux at 5.32% in Kuwait, Years Ago It Was Near 0%
Kuwait rose to fame in the 1990s because of a war
Swatting People Who Write About Corruption, Misogyny, Criminal Misuse of Funds
we've given ourselves a decade to cover all those stories
GNU/Linux Rises Above 6% in Colombia
In Colombia, which is a large south American country, GNU/Linux has risen steadily in recent years
SLAPP Censorship - Part 138 Out of 200: Garrett Has Basically "Lost" and It is "Embarrassing" to Them
they just wound up costing hundreds of thousands of pounds
Gemini Links 03/08/2026: Great Exodus, xkcd as Text, and Dead Ends
Links for the day
GNU/Linux Has Surged to 6.3% in Madagascar
Madagascar's adoption of Free software is a subject we covered a lot in past years
Microsoft's Slop Bet is Killing the XBox Even Faster
LLMs destroy almost anything they touch
The Cyber Show on "Weaponised Antisocial Technology"
by Andy
Alexandre Oliva on Slippery Slop (LLMs)
By Alexandre Oliva
RMS Won the Argument and Now GNU Wins Over Computer Users
He can look back at nearly 43 years of GNU and say, "I was right..."
statCounter Corrects GNU/Linux Estimates, Now Measured at 9% Worldwide
Windows has sunk like a rock
GNU/Linux-Centric Blogs Belatedly Pick Up News About GNU/Linux Gains: 4-8% Depending on the Surveyor
more people will get curious and give it a go
Links 03/08/2026: Strike By Flight Attendants (WestJet) and Greedflation
Links for the day
Links 03/08/2026: EU Curtailed Slop, Frank Zappa Recalled
Links for the day
Daniel Pocock on Sky News This Morning
No harm done
Morten Linderud Has Helped Microsoft Put Locks (and Kill Switches) on the PCs of Arch Linux Users
"the first rule of "secure boot" is to disable "secure boot"
In Poor Peru, GNU/Linux Surges From 1% to 5% in a Few Years
Windows is dying
All Social Control Media is a Weapon (Against Its Users, Serving the Real Owners)
That social control networks are weaponised isn't a new concept
Fanning the Flames of Journalism
This week we have several surprises coming
Forcing the Slop Bubble to Implode Fully to Save the Economy From an Even Greater Collapse and Societal Harm
Let's blow up the bubble. The sooner, the better
GNU/Linux at 8% in Croatia
somewhat of a GNU/Linux adoption hotbed
It's Easy to Predict Microsoft Layoffs for October 2026 Because of the Financial 'Results' That Month (More Faking, More Secret Debt and Buzzwords to Perfume This Debt as "Investment")
From what we've read, Microsoft is silently laying off people this month based on LITE, which leads to PIPs
Not Hard to Guess Who Will Pay for IBM's Collapse (Due to False Statements Made to Shareholders), Red Hat May Disappear
IBM's leadership is never being punished for its failures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 02, 2026
IRC logs for Sunday, August 02, 2026
Gemini Links 03/08/2026: Collectibles, Cities of the Red Night, and Lali Lambda
Links for the day