Bonum Certa Men Certa

Sony, Part of a Microsoft and Apple Patent Cartel, Attacks Android With Patents

SCOny defined, following SCO and SCOracle tactics

End in washing machine



Summary: Despite using Android itself, Sony helps Apple against Samsung, using patents

Sony reserved the right to sue and we finally see why reservations as such are trouble. Let's start with some background from this week's news.



Samsung has begun retaliating for Apple's aggression more strongly then before (stopping supply of components), with lawsuits that go both ways as well as deterrents:

Seeking to head off Samsung argument, Apple shortens a patent term



Apple agreed to limit the term of one of the patents it used to win a $1.05 billion jury verdict against Samsung. The company filed a so-called "terminal disclaimer" with the patent office today. It limits the term of patent D618,677, a patent that 12 different Samsung phones were found to infringe.


Samsung says something along the lines of "Without Us, There Is No iPhone":

A Samsung executive laid it out: Without the Korean company's patents there can be no iPhone, at least not one that works. Shin Jong-Kyun, President of Telecoms and IT at Samsung, told reporters in Seoul that the truth will out, and that Apple couldn't make the iPhone without using Samsung's patents.


This is getting ugly and it's bad for Apple. Sony, part of the cartel formed around Nortel's patents (inclusive of Apple), is striking and hacking away at Samsung now. Sony has a lot of patents, including a lot of hardware patents. Pamela Jones writes: "More stupid smartphone patent warfare. Ericsson is, of course, part of Rockstar Consortium's Gang of Five (Apple, Microsoft, Ericsson, RIM and Sony) who bought Nortel's patents." Here is the article she cites and here is more:

Ericsson has filed a suit against Samsung for patent infringement.

The Swedish telecommunications equipment maker said today that it launched the lawsuit after the two companies were unable to reach an agreement about renewing patent licensing deals.

Samsung previously licensed Ericsson's patents in 2001 and renewed terms in 2007, but licenses have now expired. According to Ericsson, Samsung refused to renew the licensing agreements for its patents on FRAND terms. FRAND (fair, reasonable and non-discriminatory) terms are used by industry groups to set standards for technology and products, and are aimed at encouraging competitiveness without allowing rights holders to abuse their position, and create a setting for patent holders to receive royalties.

No licensing deal was forthcoming "despite two years of negotiations", Ericsson said in a statement, so the company decided it "must take action to support a crucial system for technology sharing that has helped create today's mass market communications industry." Consequently, Ericsson decided to take legal action, filing a complaint in the District Court for the Eastern District of Texas.


Here is an expert reporter on patents:

Samsung is already embroiled in a worldwide patent fight with Apple, but the company will now face a patent attack from another direction. Swedish telecom giant Ericsson sued Samsung today, saying the Korean company wouldn't renew a patent cross-licensing agreement after two years of negotiation.

Samsung refused a deal on terms that the rest of the industry has accepted, Ericsson representatives said today. The specific terms offered weren't disclosed, but documents show they were "Fair, Reasonable, and Non-Discriminatory," or FRAND. Just what constitutes a FRAND rate is very much in dispute right now, however, with multiple US federal courts and the US International Trade Commission considering the issue. Samsung licensed Ericsson's standards-essential patents in 2001 and again in 2007, but its license has now expired. "Samsung’s refusal to pay a FRAND rate gives it an unfair competitive advantage over its competitors who have licensed Ericsson’s patents," write Ericsson lawyers in today's filed lawsuit.


Walters Consulting and I exchanged some mails about this lawsuit. He thinks Sony may be liaising with Microsoft and Apple here, based on this latter post:

Let’s take a look at some not-so-recent history… as is well known, Sony is, and has long been, a media and entertainment giant. They helped to develop the standards for the MPEG, MP3, and MP4 file formats decades ago, and also developed the software processes that administer digital rights media (DRM) on all sorts of platforms, from Microsoft’s Windows Media Player to Apple’s iTunes. As such, they collect royalties and licensing fees from Apple and Microsoft for using their patented software solutions for digital rights media management, and they continue to be a gigantic player in the music and movie industries. Just ten years ago, Sony entered the mobile phone market by partnering with existing mobile-phone-maker Ericsson to create a mobile technology joint venture in Sony-Ericsson. They operate very heavily upon a traditional business model, just as Apple and Microsoft do, which demands that information always comes for a price.

Now, some more recent history… Early on in 2009, Sony-Ericsson made a decision to design all of their new smartphones based upon Google’s Android, rather than continuing to use their own UIQ versions of Symbian (as opposed to Nokia’s S60, S80, and S90 versions of Symbian) and Microsoft’s Windows Mobile. Sony-Ericsson had been very successful through about 2006 or 2007, but had seen a severe decline in sales after that. In 2011, Sony agreed to buy out their partner Ericsson’s share of the joint venture, and Sony-Ercisson became just another part of Sony. Rebranded and remodeled, Sony’s mobile division began to immediately see improvement, and new pending phone designs were given an extreme fashion makeover. Despite Sony’s use of Android, Apple, for some reason, clearly gave Sony a pass. In fact, when Apple went to court to ask for a ban on sales and import of Samsung’s Android-based products, they were asked to show examples of competitors’ products that did NOT violate their patents-in-question… they produced a Nokia Lumia 800 with Microsoft’s Windows Phone platform, and an Android-based Sony Xperia ion, to fulfill the judge’s requirement.

Whether you see this as hypocrisy or not, there is an excellent reason for this behavior. Apple and Microsoft need an inside ally, and Sony is a very good one. Not only that, but Sony has clear aspirations to join the technology giants in the mobile space. In a way, Apple and Microsoft are already somewhat beholden to Sony over cheap access to DRM patents, especially in a world where digital entertainment is drawing ever more unrealistically extravagant profit margins. The ultimate software industry threat to both Microsoft and Apple is a robust open-source Linux following, and the freedom and popularity of Google’s Linux-based Android is a huge threat if unchecked.


Sony is no friend of Linux. It is just opportunistic about it, more so than Samsung. The FSF's founder called for a boycott of Sony (or at least demotion thereof) long ago. Now it's more justified than before.

Comments

Recent Techrights' Posts

The Best Interface is Outdoors, It's Nature!
Not everything should be replaced by or emulated by digital devices
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
On Losing the Job at Google After Talking About Committing Acts of Violence Against Colleagues
We still have a highly toxic element trying to enter and fracture our community
 
Modern spyware and the problems of "Discord newspeak"
The history of modern instant messaging...
Links 09/09/2024: More Trash Balloons and Collapse of Real Estate Market in China
Links for the day
Gemini Links 09/09/2024: ROOPHLOCH and More
Links for the day
Wrong Priorities at IBM
Lavish spendings on a 16-year contract for the most expensive place while firing tens of thousands of staff
Links 09/09/2024: LLMs Manipulated to Lie, More Corruption Found in COVID-19 Contracts
Links for the day
Terms of Service (TOS) Under Scrutiny - Part XVII - A Personal Perspective
The bottom line is, it's possible to reduce (albeit not entirely eliminate) how many things one signs, presses "OK" on and so on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 08, 2024
IRC logs for Sunday, September 08, 2024
Always Taking Things Up a Notch
Nothing will stop us
[Meme] EPO Keeps Masking Its Corruption With "Diversity and Inclusion" (Hiring the Wife of a Friend of Someone Who Bribed His Way Into EPO Presidency)
chain of nepotism
Very Large EPO Applicants Now Threaten a Boycott of the EPO (the EPO Management is Trying to Bribe Them to Change Their Plans/Minds While Hiding It From Staff)
If corruption prevails to this extent, it will have severe international effect
Gemini Links 09/09/2024: Gemini Application Developer Guide and ROOPHLOCH 2024
Links for the day
Links 09/09/2024: 'Dieselgate' Criminal Trial Starts Late, Mass Layoffs at Volkswagen
Links for the da
[Meme] Patent Monopolies as Bribes at the European Patent Office (EPO)
bloggers who report crime are being threatened with lawsuits by several law firms hired by the EPO to cover up crimes
New EPO Letter Expressing Concerns About EPO Violating Its Charter, Clearly Violating Rules (Possibly Bribing Siemens With Monopolies) and Granting Loads of Fake Patents to Make More Money
Why does the EU tolerate the EPO's crimes and how much longer will this go on for?
NIST is Threatening to Sue You With Patents on Mathematics (That Aren't Even Legal in the First Place) If They Don't Like You
They're asserting monopolies on mathematics
[Meme] EPO 'Hush Money' to Companies That Point Out EPO Breaks the Rules
A bribed doorman: "We have patent examiners, but if you say the right words, we'll bypass them for you"
Gemini Links 08/09/2024: WebDAV, OpenBSD, Pocket Reform, and More
Links for the day
Links 08/09/2024: Super Typhoon and Lots of Climate Journalism
Links for the day
Certificate Authorities (CAs) Are Serving the Authorities, Not You
The centralised CAs "model" is not working
Rage in the Propaganda Machine
There has never been a better time to quit social control media
The Free Software Movement Must Not Assume That Truth and Science Always Win
Sometimes the bad people and the liars get ahead
Peter Eckersley and 'Afterlife'
It's better to look after one's health at present than to pursue all sorts of perceived 'insurance' policies
Terms of Service (TOS) Under Scrutiny - Part XVI - When Radio is No Longer "Read-Only" (Listening Mode) Because Someone Listens and Sells Your Data
Who would want to put up with this?
Terms of Service (TOS) Under Scrutiny - Part XV - "Zoom's terms of service change sparks worries over AI uses" (and More)
Then they wonder why users get all grumpy?
redhat.com is Promoting Revisionism and Lies Regarding the Origin of the Term "Open Source"
debunked many times before
Software Patents Against GNU/Linux Again
Patent extortion against OpenShift and Red Hat Enterprise Linux
IBM is Cutting - Almost in Half - Its Office Space in Austin, So Expect Many Layoffs (RAs)
IBM reduces office space by 187,00 square feet or 37%
IRC Proceedings: Saturday, September 07, 2024
IRC logs for Saturday, September 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2024: Self Hosting (Not "CLOUD") and Site Reliability Engineering
Links for the day
They Used to Say Avoid Nginx (or NGINX) Because It's Russian. Now You Can Say Avoid It Because It's Microsoft.
Thankfully we quit using NGINX when we shut down our HTTP proxy for Gemini
Instead of Telegram People Should Use Free Software (Telegram Was Always Unsafe for Use)
"Modern" so-called 'smart' 'phones' are compromised at the OS level or baseband side
The Arrest of Pavel Durov is Changing Telegram
Remember that Telegram's founder, who is also French, cannot leave France until he satisfies those who detained him
The Growth of GNU/Linux is Now a Mainstream Topic With Widespread Awareness
We can do less counting (of baskets and eggs) and more advocacy
Techrights is a Demonstrably Popular Site, Reporting Suppressed Facts. Those Vouching for Its 'Unpopularity' Express a Desire Rather Than a Condition or a Fact.
Our 100% source protection record will hold up
John Pilger's Site Relaunches, Wikileaks' Site Has Not Been Updated in Years
We have long hoped that, more so after the release of Assange, Wikileaks will have some kind of "relaunch" or recovery
A Terms of Service (TOS) Notion of "Consent"
We're well past the true notion of real consent
Terms of Service (TOS) Under Scrutiny - Part XIV - Zoom the Beast
breakdown of the Zoom TOS and corresponding privacy statement
Links 07/09/2024: Qualcomm May Buy Parts of Intel, YouTube Deletes Channels for the US Government
Links for the day
No, Mastodon is Not Growing, Social Control Media is Generally Waning
Our sister site pulled the plug on the whole thing over a year ago, seeing it was mostly a source of online abuse
A Loss for Fake Security, a Win for Net Autonomy
Crucifixion of domains has been ramping up this past week; it's a cautionary signal
Links 07/09/2024: UK Police Raid Journalist's Home, Epoch Times Setbacks, and Karma
Links for the day
FSFE: Donate to Us to Co-Fund With Microsoft the Unpaid Underage Labour, YH4F
Latest from FSFE
Links 07/09/2024: China's Financial "Bond" to Africa and Attempts to Postpone Trump Criminal Cases
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 06, 2024
IRC logs for Friday, September 06, 2024
linuxsecurity.com is Still Spamming the Web
This is not harmless to Linux and it definitely merits a shun
Gemini Links 07/09/2024: Freedom in Bareness, Reactions in Addictive Social Control Media
Links for the day