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

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024