Bonum Certa Men Certa

Google and Commentators Weaken the Popularity of Software Patents, Apple Already Gets Blowback

Tricky - Blowback



Summary: The public and even Google make some noise over the absurdity of software patents; Apple gets sued by Samsung after it had sued Samsung over Android

Yesterday we published several articles about the excessive intrusion of patents into the smartphones arena. Ars Technica has a similar article about how the fight for smartphones domination became a patent fight.



In the last few weeks, the smartphone industry appeared to produce more lawsuits than phones. Apple briefly managed to stop the sale of the Samsung Galaxy Tab 10.1 in all of Europe, and is now going after the whole Galaxy line. Back Stateside, Google first complained that Microsoft and Apple were using "bogus patents" to target Android, then spent $12 billion for Motorola and its patent arsenal. These are big, high-stakes fights—and the last company left standing may walk away with control over nothing less than the smartphone market itself.


Incidentally, The Guardian too wrote about it on the same day, claiming that "Lawsuits highlight smartphone ecosystem's prosperity" (the headline) and as a little bit of background it wrote:

First, a word on the general topic of patents. Feast your eyes on this Wikipedia article and you'll see that patents, those erstwhile royal decrees, have been around for a long time. In theory, they're supposed to foster innovation by granting the inventor a monopoly on an original process. In reality, things get complicated. Byzantine patent law has created lifetime employment opportunities for those who are expert in the Talmudic parsing of what is actually, legally patentable.

Back in the tangible, "real-world" days, you could invent a new process to temper steel that would result in taller, safer buildings. In patenting your idea, you'd earn a bit for yourself and encourage others to raise the bar.


More publications explain to their readers the subject of patents from a sceptical point of view. This is progress.

In other news, Google seems to be pushing a bit against software patents. "Fascinating," calls it Alan Lord. "New claim by Google could essentially render s/w patents irrelevant". Here is the article in question:

Google urged a federal judge to dismiss a patent-infringement case alleging that it copied Oracle's Java code, arguing that the code installed on Android devices came from foreign device makers.

It is "undisputed" that Google makes Android software available to foreign manufacturers through download only, Google attorney Robert Van Nest noted. He claims that "downloading the software necessarily requires the foreign manufacturer to copy it." The copy loaded onto the foreign-made device is not supplied by the United States.


"Google claims that copied code is not patent infringement," claims someone called "Air VPN" in a Twitter tweet regarding this article.

Perhaps something good might eventually come out from this case, which the Microsoft booster claims to have escalated to CEOs and Groklaw keeps tracking closely [1, 2], insisting that Oracle is unlikely to win. It is worth noting that Samsung has begun showing its teeth. The anti-Linux patent cartels won't have a day field. "Samsung Slaps Apple With Patent Lawsuit in France" says the headline from Mashable, providing context by writing:"After numerous patent lawsuits from Apple, Samsung has responded with another lawsuit of its own — this time in France."

When HTC sued the thuggish Apple, Apple and Microsoft proponents/spinners pretended it came out of nowhere. They sought to portray the Motorola deal as a prelude to aggression.

Timothy B. Lee adds fuel to the fire by issuing another call (in Forbes) to squash patents on abstract ideas (including software algorithms). To quote:

So I’m extremely excited that three of the nation’s leading libertarian think tanks—Cato, the Competitive Enterprise Institute, and the Reason Foundation—have submitted an amicus brief in the case of Mayo v. Prometheus. As far as I know, this is the first time any of these think tanks has filed an patent-related amicus brief with the Supreme Court, and it couldn’t have come at a better time. I’m listed as a co-author on the Cato site, but the brief was actually written for us by the brilliant Christina Mulligan at Yale’s Information Society Project. We benefitted from the able leadership of Ilya Shapiro, who supervises Cato’s amicus program.

Christina did a superb job of explaining how the Federal Circuit’s decisions from the 1990s contradict earlier decisions from the Supreme Court itself. And she also marshals the growing body of empirical evidence that the Federal Court’s experiment with allowing patents on abstract ideas has done serious economic damage. Because the Federal Circuit’s experiment with expanding patentable subject matter started with software and business method patents, the brief focuses pretty heavily on those two categories of patents.


This comes amid a lot of opposition to software patents and even to the latest 'reform', which the patent lawyers community rallies around. Joe McKendrick's summary about it states that:

Proposed new patent-reform law may merely speed up tangled system; one observer suggests doing away with software patents altogether.


It is not just software patents, but eliminating software patents would be a good start. As another sign of hope being defensible, the abusively-used patents of Rambus [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] seem to have been sunk for good. Reuters writes:

Two patents that chip designer Rambus (RMBS.O) used to win patent lawsuits against Nvidia Corp (NVDA.O), Hewlett-Packard (HPQ.N) and others have been declared invalid by the U.S. Patent and Trademark Office, according to legal documents.


Why were they granted in the first place? This system is dysfunctional and irreparable.

Comments

Recent Techrights' Posts

Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
 
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day