Bonum Certa Men Certa

Lodsys, Microsoft Patent Trolls, Apple, and Microsoft Nemesis

[written in 05/12/2011]

Halloween



Summary: A view on the arena where Android is targeted by Apple, Microsoft, and trolls who are associated with them

THE patent situation affects GNU/Linux more than it affects most operating systems because of the cost and distribution aspects. We have stressed this point for years.



Over at Groklaw, an analysis was published this month to keep track of Lodsys, which had sued Android developers among others. It used patents from Microsoft's patent troll, Intellectual Ventures.

"Things continue to progress slowly on the Lodsys front," explains Prof. Webbink, "At this time all of the declaratory judgment actions brought in the Northern District of Illnois against Lodsys have been closed, with several of them having transferred to the Eastern District of Wisconsin. In addition, DriveTime has dismissed its declaratory judgment action against Lodsys in Arizona. With those changes all of the pending cases are now in either the Eastern District of Texas (the infringement actions brought by Lodsys) or the Eastern District of Wisconsin (the declaratory judgment actions brought against Lodsys) with the one outlier being the declaratory judgment action brought by ESET against Lodsys in the Southern District of California."

There have already been stories of companies that pay Lodsys to go away, pretty much as a Microsoft lobbyist foolishly advised. if the patent troll gets fed, it will never go away.

It ought to be noted once again that iOS (Apple) developers are among those which Lodsys was suing. Apple did not explain to those developers that some of the patents came from a troll which Apple had helped fund. Apple does not seem to mind patent trolls and Apple itself "Demands Recognition As A Patent Troll," to use Pogson's headline. He showed this article about Apple's war to embargo Linux/Android devices. To quote: "Some fools still have this delusion that software patent and product design wars have something to do with some mythological real value of intellectual property (IP). While there are indeed cases involving a better mouse-trap, most such cases are about nothing but extorting cash from people who create real products, or, in the case of Apple vs. Samsung, Apple trying to preserve its market share against a would-be competitor.

"Apple makes great products, but you wouldn’t know it from the way it’s attacking Samsung. Rather than let the marketplace decide whose products are better, Apple wants the courts to decide. Specifically, Apple is slugging it out with Samsung in a minimum of 19 lawsuits in 12 courts in nine countries on four continents.

"Let that sink in for a minute. Apple is trying to use intellectual property law as a bludgeon around the world to protect its sales."

Techrights was never a friend of Apple because nobody ought to be a friend of a company that disrespects fair competition, presents fake 'evidence' to the court (in an attempt to block sales of Linux-powered devices), and generally disregards the law whenever something does not comply with its cult doctrine.

Not so long ago we found Apple firing an employee for 'daring' not to fancy Apple's products and in an update on the resultant saga we discover that "Apple has been upheld for sacking one of its employees after he posted negative comments about the firm and its products on Facebook. Apple specialist Samuel Crisp was fired from his job for writing a series of posts on Facebook about the company and its products. An employment tribunal ruled in favour of Apple after Crisp appealed what he alleged was an unfair dismissal."

What a nice company, eh? But let's not forget Microsoft, either. Microsoft's extortion of Android hit the brick wall when B&N fought back. Based on some articles, "Barnes & Noble has hired David Boies to join its legal team in a fight with Microsoft at the US International Trade Commission over alleged Android patent infringements.

"Boies, chairman of the Boies, Schiller & Flexner law firm, represented the US Department of Justice back at the turn of the millennium in its successful antitrust case against Microsoft, and his sustained questioning of senior executives such as Bill Gates was regarded by many as significantly damaging to Redmond’s cause."

Gates was bobbing back and forth like a demented child the last time this man did his thing. When people commit crimes and think they can get away with it (racketeering is one of them) it takes a bold group of people in an insular room (no PR and press) for truth to come out under pressure. Gates is busy buying himself a new image, but the legacy he puts in patent lobbying and trolls should also come out for all to see. Sooner or later justice might be served. Groklaw has some analysis related to the news:

Google's filing is eye-opening. It seems Microsoft is trying to compel Google to respond to a very broad subpoena. Google is not a party to this ITC matter or the litigation. Microsoft's motion "goes far beyond the threshold for reasonable third-party discovery in Section 337 investigations," Google says. What is it that Microsoft is asking for? -- information concerning Google's "strategies for responding to Microsoft's patents and patent infringement claims."


It is good to see Google and others finally fighting against Microsoft's behaviour. The European regulators are meanwhile investigating Apple's behaviour, so there's a glimmer of hope. More up-to-date information will be posted this week.

Recent Techrights' Posts

SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
 
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026