Bonum Certa Men Certa

Groklaw Update on Android Patent Cases and Response to FUD From Microsoft Lobbyists

Groklaw and SCO ship
Image credited to Groklaw.net



Summary: A few updates of greater importance where the Linux situation is discussed in the context of Android and Novell

THE patent assault on Android is one that we cover here several times per week because Android is perhaps the best example of Linux in the mainstream (criticisms aside) and it helps show the lengths to which Microsoft and Apple would go to derail Linux, even with software patents as we predicted for more than half a decade.



Professor Webbink from Groklaw is perhaps the best source of news about the Oracle vs. Google case, which he claims to be moving along as follows:

Just because the Oracle v. Google case has not been set for trial (and won't be until at least the time at which Oracle provides its third attempt at a damages report) does not mean the court can't move the case along, and that is what Judge Alsup has done with his latest order. In an attempt to narrow the issues to be argued at trial, Judge Alsup's latest order (708 [PDF; Text]) focuses on the copyright issues and directs the parties to provide opening briefs in which they identify each remaining claim of copyright liability and the affirmative defenses to each such claim. In addition, the parties are to identify those issues that should be resolved by the court and those underlying facts that first need to be decided by the jury.


Groklaw continues to face a barrage of FUD from Microsoft boosters who continue to spin/modify the news (in this case about OpenStack wanting to toss Microsoft out) and Microsoft lobbyists who are distorting the story about the ITC and then seeding disinformation in the corporate press along with pro-Microsoft blogs. Pamela Jones from Groklaw debunks the nonsense and explains:



I'm seeing a couple of articles about an initial determination by the ITC against Barnes & Noble on its patent misuse defense, and there's quite a lot of spin on the ball, thanks to the usual suspects. They are reading a lot into a title of a sealed document. I see many misstatements.

So I'll explain a little about the process, so you can understand it. For one thing, the title of the sealed ITC initial determination is called an *initial* determination for a reason. It means it isn't final. The final one comes later. Initial determinations can be reviewed by the full ITC if the defendant petitions for review and even one Commissioner says yes.

Litigation isn't like football. It is rarely suddenly over.

Most importantly, the materials and depositions Barnes & Noble is seeking in discovery from Nokia and MOSAID have not yet arrived, although the ITC did grant Barnes & Noble's motion to ask Finland and Canada to provide them, and that's still ongoing, so there is likely more to go, even at the ITC. So with those materials not yet in hand, Microsoft's statement today that this means the defense is meritless is... well... to put it kindly premature. I mean, if a determination is made without the complete record being available, what does it mean?


The case is important because it's about Microsoft's patent abuses against Android, as well as some of the patent trolls Microsoft is using. Last year we wrote a great deal about Novell's patents, which went to CPTN, i.e. to Microsoft, Apple, Oracle, and EMC (3 of these are Android foes). Here is a new article about the Department of Justice. Part of it says:

Another example of international cooperation was the Antitrust Division's close cooperation "with the German Federal Cartel Office on the acquisition of certain patents and patent applications from Novell Inc. by CPTN Holdings (a holding company owned by Microsoft Inc., Oracle Corp., Apple Inc. and EMC Corp.). This was the first merger enforcement cooperation the Division had had with Germany in 20 years."


Novell became just a pile of patents, which gave Microsoft ammunition with which to threaten UNIX/Linux. The authorities needed to step in after the OSI and FSF had filed a formal complaint. Here is the story of another company which rapidly becomes just a pile of patents. It says: "Remember, back in August, shortly after Google’s purchase of Motorola, Kodak looked like the next company in line for an IP-driven payday. Analysts looking at the high valuations of the Novell, Nortel and Motorola portfolios estimated Kodak had $3 billion in IP assets alone: with a market capitalization of just $700 million, it seemed like easy money. Kodak’s stock rose accordingly in anticipation of a white knight around the corner."

This is of course not innovation. It's a case of virtual "goods" being used to make lawyers richer and interfere with fair competition.

Novell, by the way, has just been assigned another patent, according to this roundup from January 22nd. Any new patents in Novell's hands might eventually be passed to Linux foes, not the OIN.

Recent Techrights' Posts

People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
 
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025
Weaponisation of For-Profit Dockets - Part I: Hiding Behind Lawyers (or Guns for Hire) After Abusing Many People and Even Strangling Women While Microsoft Paid Salaries
This whole thing is very typical of the Microsoft and Bill Gates mindset
From EPO to "MAGA Regime": A Shift Away From Reality to Fake News and False Metrics
Disbelief in itself isn't a bad thing; but the problem is that people are taught to believe rich people in suits more than they believe others
Skype is Officially Dead Today and This is Why People Should Use Free Software Instead (Goodbye, Microsoft)
It's also a good reminder of why people should move to GNU/Linux
'Simple Articles' in MyGemini Just One of Many New 'Sites' in Geminispace
Geminispace has grown fast lately; it's turning 6 next month
Links 05/05/2025: TikTok Still a Romanian Woe/Foe, Signal Perils Showing
Links for the day
Gemini Links 05/05/2025: Debian and GNOME and a "Welcome to Simple Articles"
Links for the day
Links 05/05/2025: US Economy Shrinks, US Presidency Spreading Deepfakes
Links for the day
Links 05/05/2025: Breaches, Environment, and Conflicts
Links for the day
SUSE the Company Now Uses LLM Slop to 'Write' Its Blog, What Does That Tell Us About SUSE?
There are many giveaways
Richard Stallman is in Alicante Today to Give a Talk, Czech Republic in Two Days (Wednesday)
Of course he can deliver the talk in Spanish
Gemini Links 05/05/2025: XL Bullies and Luddites
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 04, 2025
IRC logs for Sunday, May 04, 2025