Bonum Certa Men Certa

Apple is Suing Linux Again, Increasingly Resembling Microsoft

Lawsuits map



Summary: Another patent lawsuit is filed by Apple against the Linux-powered Android (now at Motorola) and Microsoft's attempt to 'tax' Android everywhere is slammed even by boosters among Microsoft sympathisers

HAVING already sued HTC for its Linux-powered phones, Apple proceeds to using Motorola with similar allegations of software patents violations:

Another day, another patent lawsuit. And this time around it's Apple suing Motorola over multitouch on nearly all its Android phones -- basically everything up to and including the Droid X.


This improved lawsuits map (see above) ought to be updated to include this lawsuit. We found it as part of today's exchange between the FFII and a Red Hat employee. FFII also wrote about this "consultation on IPR enforcement in third countries" and someone else shared this new patent cartoon from Nina Paley. Yes, the good news is that patents unrest is growing (not just when it comes to software patents as we'll show in the next post).

“Microsoft can't compete with free, and as such, needs to jack up the perceived price of an Android installation.”
      --Thom Holwerda, OS News
Despite usually promoting Microsoft's side and products, Thom Holwerda from OS News is now criticising Microsoft for using software patents against Android. He writes: "Microsoft does have a different angle, though. Microsoft can't compete with free, and as such, needs to jack up the perceived price of an Android installation. They do this by dredging up some software patents, and by using the utterly broken US patent system, they mafia manufacturers into paying protection money for every Android device sold, thereby levelling the price difference between Android and Windows Phone 7."

"Redmond threat level: bright orange," summarises Canonical COO Matt Asay, who says that "Microsoft holds Androids hostage in open source wars" and provides a good explanation starting as follows:

For years Microsoft has raged — and whined — against the open source machine, once going so far as to castigate open source as being "un-American". Something must be wrong with a development model, as Microsoft Distinguished Engineer Jim Gray once lamented, that evaporates the possibility of profit in software sales.

And yet open source has marched on, eventually claiming mainstream acceptance as it helped highly capitalistic companies such as Google create hugely profitable businesses. While these companies thrive, however, Microsoft remains cautious, as evidenced in its product strategy and in its hiring patterns. Click here to find out more!

As Microsoft has watched the open source world pass it by, it has had two main responses:

1. Threaten open-source developers with lawsuits. 2. Adopt open source within its own product lines.

Microsoft has been earnest but uneven in its open-source adoption, but sadly consistent in its threats — and the Microsoft-against-open-source threat level moved to bright orange this week with news that Redmond is trying to hold Acer and Asustek hostage by levying patent royalties on them in reponse to those device manufacturers' use of Google's open source mobile platform, Android.


TechDirt too has a couple of relevant new posts on this subject area. The first reminds us that OIN (and the likes of it) is not the answer:

We recently wrote about the incredible patent thicket in the smartphone space. For some reason, in the course of a few days, about ten different publications all created a very similar graphic about "who was suing whom" in the smartphone space for patent infringement.

[...]

Are patent pools better than the legal jumble of lawsuits from the graphic above? Maybe. But are they the best solution out there? Absolutely not. Instead, a better solution would be to just let the market compete on the merits of the products and let the market decide, rather than focusing on any monopoly rights that will exclude innovators.


The second post says that "All The Big Social Gaming Companies" got sued for patent violation (including Zynga, which wants patent monopolies of its own):

Someone, who prefers to remain anonymous, sent over the news that a company named Everglades Interactive has sued basically all of the big "social gaming" providers for patent infringement. Among those sued are EA, Playdom, Disney (which just bought Playdom), Zynga, Playfish, Rockyou and Crowdstar. The patent in question? It's patent 6,656,050, for an "odds accelerator for promotional type sweepstakes, games, and contests." If you read the details, it seems like the pretty standard process of taking various sweepstakes involving matching pieces (bottle caps, peel off stickers, etc.) to get certain prizes but moving it online. Of course, once you move such a physical process online, you can do slightly different things since you're not limited by geography and physical distribution. But all that seems like it should be obvious. Not to the patent examiners of course, who judged it patent worthy.


The bottom line is, software patents ought to go. They not only harm Linux but they also occasionally harm large companies (which resort to using them when they can't compete); the main winners are patent trolls and patent lawyers, who are sometimes the same. The vast majority (or Digital Majority) remains unhappy.

Software patents are for losers

Recent Techrights' Posts

IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025