Bonum Certa Men Certa

Apple is Sued for Anti-competitive Practices; The Court Sees Patent Lawsuits/Actions by Proxy

Antenna



Summary: The duopoly which is Apple and Microsoft faces new legal challenges while the patent assault heats up

APPLE'S growth is impeded by the rise of Android. The dead CEO vowed to destroy Android, so we have no sympathy for him or for the cult he created. In fact, we urge people not to buy from Apple until or unless it stops suing (to embargo) its competitors, notably Linux/Android.



In a new post from Muktware we read about the latest lawsuit against Apple, this time for anti-competitive behaviour (again):

Apple Sued For Anti-Competitive Practices



A federal antitrust class action lawsuit has been filed against Apple accusing the company of billing iPhone customers for voice and data services even after they cancel it. They also Apple of stifling competition and increasing prices for software apps by charging developers an annual 'application' fee.

The Courthouse News reports that lead plaintiff Eric Terrell accuses Apple of 'unlawful anticompetitive activities,' and claims that consumers did not contractually consent to Apple and AT&T's 5-year exclusivity agreement.


Fortunately, Apple's behaviour is likely to just drive people away to Linux and even the lawsuit from Oracle (perhaps in part motivated by Apple's CEO) won't be able to stop it. The Oracle case is just another SCO and the outcome might be the same, except for the bankruptcy.

Microsoft too has been flirting and collaborating with Apple's lawyers, according to recent reports. Microsoft engages in illegal tactics and conspiracy to harm a potent rival. Having been faced with a legal challenge,Groklaw claims that the plot is being unravelled and Microsoft's attack through Nokia becomes too hard to deny. To quote:



Nokia continues to struggle mightily to get free from Barnes & Noble's discovery requests. Barnes & Noble, you'll recall, succeeded in persuading the ITC to recommend that Finland help it to do depositions of some Nokia executives, including Stephen Elop, and also get its hands on some documents that Nokia isn't willing to provide voluntarily.

So the necessary request documents were sent to Finland, and then Nokia started going wild with efforts to block. And it continues to do so, telling the court all the steps it's taken, and asking ITC to quash the Barnes & Noble motion or in the alternative to advise Finland that it can't provide any discovery until the motion is ruled on. Nokia also has complaints about what it represents to both Finland and the ITC as being Barnes & Noble's misstatements about the case.

And now Microsoft has asked the court to quash a motion to depose Steve Ballmer. It's under seal, but I'm sure we can guess at its contents. After all, we've seen companies try to keep their executives from having to get involved in litigation before, and so far, they all had to testify. Remember SCO v. IBM? Sam Palmisano had to testify because he had "unique personal knowledge", or so the judge believed. If the CEO knows things other people don't, no matter how busy he is, he will likely have to testify. I'm sure Microsoft lawyers know that, so in the alternative, they ask that he be allowed to testify by videoconference.


We warned about this right from the start. It is good to see action being taken to expose this at the courts and set obstacle.

In other news, RIM, whose key executives leave, finds itself sued over patents again. Guess who's suing again?

Ottawa-based Wi-LAN Inc. has launched a patent suit against Research In Motion Ltd., adding to the challenges facing the troubled BlackBerry maker.


The mobile patent wars are becoming nasty and when Microsoft passes ammunition to patent trolls (proxies) there needs to be a lot more investigation. it's not as shallow as it may seem.

"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



Comments

Recent Techrights' Posts

How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
 
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day
Links 31/05/2026: Heat Wave Grips France and Edgar Morin Dies
Links for the day
Gemini Links 31/05/2026: Backup vs. Mirror, Year of the Death of a Euphemism, Slop Makes Only Yet Another (Untested) Calculator
Links for the day
IBM Red Hat Has a Long History or Track Record of Misusing Trademarks to Send Lawyers to Try to Take Down Pages and Web Sites of Critics
Red Hat claims to own words; IBM thinks it owns names
Richard Stallman is Coming Back to Bern to Give a Talk Next Month
another big talk coming up
Gravitating Towards What Your Role in Society May Be (or What You're Truly Good At)
Many IBMers already realise that they spent years if not decades of their lives working on mostly meaningless products/projects
900 Days Later
900 days is a very long time (almost 1,000)
Cybershow Requires Free Software to Record Shows
Cybershow is run by people who understand that without Software Freedom there can be no sovereignty
Losses at Microsoft's GitHub Seem to be Deepening
How many billions of dollars has Microsoft lost by betting on the false prediction that it can somehow "monetise" public code by LLMs?
Links 31/05/2026: Slop 'Code' (Junk) "Increasingly Leads to Production Failures" and "Huge Slop Costs With No Clear Benefits"
Links for the day
European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026