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

EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
 
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025
Microsoft Sites Now Talking About September's Mass Layoffs at Microsoft
It's noteworthy that even Microsoft's MSN now covers the latest revelations about mass layoffs
Gemini Links 06/09/2025: SpellBinding Moving and "The Cloud" Ridiculed
Links for the day
Slopwatch: On "the Apology Industry", Chatbots (Punchbag for Customers), and Fake Articles About "Linux"
"news reporting priorities changed"
Links 06/09/2025: "Covid Incidence on the Rise" and Many Attacks on the Press Worldwide
Links for the day
The Register Bill
The Register MS - putting the "MS" in your centre of the universe
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
Nobody Denies That SecureBoot Will Cause Problems After September 11
Not even Microsoft
Gemini Links 06/09/2025: Infinite Scrolling and Posting from Emacs
Links for the day
Links 06/09/2025: GitHub Meltdown Over Slop, "U.S. Jury Says Google Should Pay $425 Million in Privacy Lawsuit"
Links for the day
Despite Its Severe Financial Problems Gnome Foundation Inc Paid Rosanna Yuen Over 100,000 Dollars Last Year
maybe relocation should be considered
The "Left" and the Right"
It poisons everything
Mozilla and Rust Are Not Leftists
they're part of the mass consumerism machine
Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025