Bonum Certa Men Certa

IMAX -- Not Just Apple -- Attacks Free Software With Software Patents

Commonality found between IMAX and iMacs

Museum of science and industry in paris



Summary: Another legal attack against Free software comes in the form of a threat (issued against Sandy3D) and Apple's reason for suing Android seems like gradual iPhone defeat (Linux is winning)

AT THE BEGINNING of this month we showed that an Android/Linux application got shot down by software patents. It wasn't the first (a GIMP plug-in comes to mind). Now we learn that Sandy3D, a Free software project, is under attack by IMAX. TechDirt covers this thusly:



Proffer alerts us to the bizarre story of how IMAX (last seen suing competitors and misleading people about what an IMAX film really is) is now threatening the folks behind the Sandy3D open source 3D flash engine. Apparently, IMAX has some sort of 3D drawing system called SANDDE. So, maybe, if you squint, you could see how IMAX might be complaining about a trademark issue. But the letter from IMAX is quite odd. It doesn't mention trademark at all. Instead, it mentions a French patent.

[...]

In the end, it looks like some IMAX lawyers decided to just threaten these open source developers, hoping that by spewing some totally unrelated info about a patent, it might scare the developers into changing the name on a product, even though the patent has nothing at all to do with the issue, and the company has no registered trademark on the name in question.


Free software wins when the non-Free software world becomes ever more aggressive. “First they ignore you, then they laugh at you, then they fight you, then you win,” said Mahatma Gandhi, so we should be vigilant, but not demoralised or afraid. We should watch patent law and attempt to rectify it because Microsoft and other companies are trying to change it for the worse. Earlier today, the president of the FFII posted publicly a "Confirmation that Microsoft is lobbying in Brussels for a central patent court in order to validate software patents without a new directive."

At the moment, Microsoft also relies on Apple [1, 2, 3] for its attacks on GNU/Linux [1, 2, 3, 4, 5, 6]. We'll discuss this more properly in the next post.

Joe Wilcox, formerly the editor of Microsoft Watch, says that "Apple's HTC patent lawsuit is a bluff" (yes, that's his headline). He rightly argues that Apple's lawsuit is indicative of fear -- a fear of Linux.

Apple has good reasons to fear Android. In the three months from December to February, Android's US smartphone subscriber share shot up from 2.8 percent to 7.1 percent. Worldwide, in 2009, Android smartphone market share -- based on sales -- rose from 0.5 percent to 3.9 percent, according to Gartner (The first Android phone, the T-Mobile G1, shipped in late 2008). Last month, Google CEO Eric Schmidt asserted that 60,000 Android handsets are shipping by the day.

All this circles back to my claim that the patent lawsuit is a bluff. My reasoning:

1) Apple chose HTC, not Google. There is no immediate risk to any patent claims against HTC. Since the real claims are against Google, Apple may find the court -- or even the ITC -- reluctant to rule against an Android licensee in good faith. There is perceived risk, but none in the short term, which is long enough for a united Android front to do market damage against iPhone -- particularly in emerging markets.

2) Apple filed against HTC and not other licensees. Apple had its chance to take on Android licensees, choosing instead to go after one.


"Google's Open Web vs Apple's vendor lock-in" is another noteworthy new post from ZDNet's Google blog that says:

Who will win the battle? I think it will be a couple of years in the making. However, there is a reason that Eric Schmidt left Apple’s board of directors last year. There is a reason that Google is pushing into countless new markets and bringing products into widespread beta as quickly as possible. Google and Apple both know: he who controls the screen controls the Web (and all of the money that entails). I have to say that I’m rooting for Google’s open approach that welcomes a wide array of hardware and software. Vendor lock-in isn’t good for consumers, content providers, or developers. Apple’s HTC lawsuit was the first shot across the bow. What’s next? And when will Google take the gloves off?


Thanks to Chris Dawson for this, but Google is not an emancipation either. The difference is, Google hasn't a history of using patents to intimidate or to sue; contrariwise, Apple has done this for decades. People have an innate inclination to personify companies based on their principles, but it's not always a good thing. Here at Boycott Novell we care about Google only as far as Free software goes; we have our fair share of criticisms of the company, including its snubbing of the AGPL.

Just to clarify (as we often receive flak over this subject), we are not defending Google. Some of Google's products incorporate Free software within them, so when Google gets sued, then it may also mean something for that software or for software freedom in the broadest sense. One thing we know for sure; the following new headline says it best: "Apple is Open Source's sworn enemy"

Those who are still living in the fantasy of a FOSS-loving Apple should look no further than this list of 27 references about Apple's attitude (a few more here) -- one that we accumulated over a year ago for the purpose.

The good news is that based on this week's coverage:

Open Source Developers Pick Android Over iPhone

Open source developers ditch iPhone for Android

A new report has shown Google’s Android platform is enticing open source developers away from creating apps on the iPhone.


One of the biggest proponents of the AGPL, namely Funambol, is set to gain from this. As Matt Asay has just put it (he has personal involvements he may not disclose):

If the desktop is dying, mobile sync is king



[...]

It's this desire for open clouds and open syncing to those clouds that is blessing Funambol's open-source mobile sync business. It's the same desire that will likely create a host of new competitors in this fertile mobile-sync market.


Apple, Microsoft, and other non-Free software vendors play hardball against Free software right now. They are willing to risk public backlash (enraging the collectives with lawsuits) to achieve the unachievable as Free software will never disappear and it has grown steadily over the years. The next post explores Microsoft's latest campaign of FUD against Linux. It shows that Microsoft has run out of ideas.

Recent Techrights' Posts

The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day