Bonum Certa Men Certa

Microsoft is Working to Make Android Non-Free by Extortion, Apple Works to Ban It

Setting up barriers to freedom

Gated doot



Summary: The duopoly continues its war on Android, with each side adopting a different approach

THE patent extortion by Microsoft continues because small companies give up. To quote one report about the latest, "Microsoft has announced that two more makers of Android-based devices, Coby Electronics and Aluratek, have signed on to the company's patent licensing programme. Both Coby Electronics and Aluratek make low-cost Android tablets; Aluratek makes an Android 4.0 based tablet called the Cinepad which costs between $150 and $220 and Coby Electronics makes a Android 2.3 based Kyros tablet which retails for as little as $80."

One reader sent us the link and asked, "what is going on? When will this end?"

"The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales."The matter of fact is, enough vendors remain which don't pay Microsoft even a single dime. We have a growing list of companies to avoid. Meanwhile, argues Pogson, companies start to recognise that Microsoft tax is indeed a tax that they need not really pay, not in an age of Linux domination anyway. "Expect to see competition on retails shelves with that other OS getting less shelf-space in the future," Pogson writes. "Wintel was worried about prices when a PC was ~$1K for a box and the OS cost 15% of the price. Imagine how terrified they are when the OS costs 50% or more of the price of a small cheap PC and on the same shelf a consumer is likely to see $200 and $100 prices for essentially the same hardware with the higher price covering that other OS… When prices are no longer hidden from consumers, choices will be made and M$’s share of the pie will plunge. The ultimate horror for Wintel? Seeing */Linux on all PCs everywhere in retail spaces. The house of cards will have the monopoly-card removed this fall."

Microsoft is trying to make Android/Linux non-free (non-gratis) as means of deterring manufacturers and shops from making and stocking non-Windows devices. This is not going to work though; in fact, it is already failing because Android continues to grow. The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales. This sheer injustice needs to stop.

Apple in the mean time is trying to altogether embargo some Android devices. Although it has been unsuccessful in the UK, Apple continues its litigation war in continental Europe (mostly via Holland and Germany) and in the US, with the aid of ITC and USPTO.

Reuters says that US politicians assess the effects of such bans. To quote: "The Congress is considering whether companies that hold patents essential to a standard, such as a digital movie format, should be forbidden from asking that infringing products be banned from the U.S. market."

Andy Updegrove writes more on a related subject: "If you've been following the ongoing mobile operating system wars between companies like Motorola Mobility, Apple, Google and Samsung, you may recall that the biggest hammer a patent owner can wield is to prevent a competitor from selling a product. In the regular courts, this is achieved by obtaining an injunction, which is a court order that bars such sales from occurring. In this situation, the patent owner claims that it can't be adequately compensated after the fact by damages.

"Recently, a judge in the Apple case questioned software patents as a whole.""But the US courts haven't been favorable to this approach since a key Supreme Court ruling in 2006, leading companies to seek an alternate route to a similar result: a judgment by the International Trade Commission (ITC), barring the competitor from importing any product into the U.S. that infringes on the patent. If that patent is essential for implementing a standard that is, in turn, essential to performing the device's function, then you've effectively barred its competitor from being a competitor at all - at least in the U.S."

Over at Groklaw, professor Mark Webbink covers another case which can have a profound effect on patenting in the US. "In a split decision of a three-judge panel of the Federal Circuit in CLS Bank International and CLS Services Ltd v. Alice Corporation Pty. Ltd.," he writes, "the Court once again established that it has no clue what is or is not patentable subject matter. (CLS [PDF; Text]). The majority opinion written by Judge Linn again returns to the favored theory of the diehards on the Federal Circuit that almost anything involving a computer is patentable. The dissent, provided by Judge Prost, criticizes the majority for, for all intents and purposes, ignoring the recent rulings of the U.S. Supreme Court, and in particular the Prometheus decision."

Recently, a judge in the Apple case questioned software patents as a whole. At the moment, the best we can do it impede the spreading of software patents -- a subject we'll cover in a later post about Europe.

Comments

Recent Techrights' Posts

Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
 
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026