Bonum Certa Men Certa

Patent Reform and Android

Hand pencil



Summary: Why Google blew it as the company continues to pursue its own security rather than become more of a team player in the FOSS world

ALTHOUGH Android is not as free/libre as one might hope, it is the most likely Linux-based mobile platform to rise to greatness.



Google disappointed us on numerous occasions because rather than antagonise software patents (even with an amicus brief) it just played along with the plot and bought many patents, including software patents. It also filed applications for software patents of its own. Google is in a position where it can afford to play those messy games, but how does that help the rest of us? Android patent defence does not magically indemnify Linux.

So anyway, Google became part of the Big Boys Club and the hoax of a patent reform got passed, not actually resolving the key issues that IDG explains as follows:

"3. No Real Change on Software

"Of critical importance to those of us in the information technology industry are software patents, which I've long opposed. While this reform could have been a great time to deal with this problematic issue, that didn't happen. Only two narrow niches--financial products and tax strategies--are addressed in a limited way, but nothing broader is included to fix the problem overall.

"Android patent defence does not magically indemnify Linux.""Pro: Patents are limited or clarified somewhat in two narrowly defined business niches.

"Con: Overall, the ongoing software patent debacle continues unchanged, and that can only hurt small developers."

What a waste of a 'reform'.

Google has done one thing right when it spoke out about the cartel against Android, but what else is it doing about it? Based on reports like this one or this one, "Android [is] hurt by patent wars, could lose features" (amid call for CEOs to attend the courtroom).

The many articles about the subject (even new timelines) say something along the lines of "Google, Oracle CEOs Said to Make Little Headway in Patent Talks," but the idea of abolishing software patents altogether is totally off the table. We must remember that Oracle's older official statement was against software patents and all those "Java" patents are in fact software patents. Has Google explored the possibility of cutting the umbilical cord of this whole attack among others (on other developers too)? Or is Google just interested in defending Google while considering no push to end software patents for good? Here is one particular article on the subject:

oogle and Oracle CEOs will square off in court today to resolve a dispute that may pose the biggest threat to Google's Android mobile software, now running on more than 150 million devices.

Google's Larry Page and Oracle's Larry Ellison were ordered to appear before a federal court magistrate in San Jose after tussling over patents for more than a year. Oracle accused Google of infringing on patents related to its Java software, and a settlement means the companies avoid the risk of having a jury trial decide whether Google owes royalties.


What about explaining to the court or at least to politicians the ridiculousness of those patents in general? These are the politicians who pass a fake patent 'reform' to wash their hands. In the sick industry of lobbying surely Google could come up with something. Its foes constantly lobby for more patents (and a global patent system), not to mention embargo. To quote this new report: "A settlement will likely require HTC to pay Apple hefty royalty fees for using its patents. The Taiwan-based company already gives Microsoft $5 for every handset sold, which brings the Redmond, Wash.-based company more revenue than from its Windows Phone sales."

Android is getting damaged here and in order to resolve the problem for good (before Microsoft sends more and more patent trolls to raise the price of Android) Google will need to strike at the root. Samsung has a huge patents portfolio, so it can afford to seek embargo against Apple as means of deterrence. Quoting the news:

There are now 19 patent lawsuits between Samsung and Apple, in 12 courts in nine countries. In addition to the United States, Germany, and Australia, patent suits are pending in the United Kingdom, France, Italy, the Netherlands, Japan and South Korea. Apple also has filed patent suits against HTC, Motorola Mobility and others.


Samsung is meanwhile considering more of Bada and it can afford to sue back against aggressors like Apple. But how many developers out there are able to do so? Google too has just grown up patents-wise, but it does not provide much comfort to the FOSS world at large. We must not lose sight of the real problem and the real solution to it. Google was only a potential ally in that regard.

Recent Techrights' Posts

IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
 
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025