Bonum Certa Men Certa

US Media Bias in Android Patent Cases

Coat of arms of South Korea



Summary: An overview of recent news about Android cases and a reminder of the anti-Korea bias in north American press

Android is developed by an American (US) company, but the lion's share of Android devices come from east Asia. By creating factories in the US, Apple and Samsung compete over the perception of being "more American" (made or assembled in USA). The corporate press, channels like CNN for example, does an Apple for dummies type of routine when it covers anti-Android lawsuits. It does not focus on trial misconduct [1, 2] for example. Forbes describes Apple as a victim:





Apple is perhaps the most talked about company in the world, online. Now, thanks to Apple’s litigation strategy, Samsung is the second most talked about. Here is a small thread of evidence.


The US is, as one might expect, hostile towards Korean companies if their rivals are largely US-based brands. Pamela Jones is the exception and she writes:

Judge Lucy Koh, the presiding judge in the Apple v. Samsung litigations, warned [PDF] the parties that she would ignore any arguments in their attachments to their post-trial motions that were new and therefore a backdoor way of bypassing the page limits she set for them, writing that "Any argument that is not explicitly articulated within the briefing page limits will be disregarded. Any supporting documentation shall be for corroboration purposes solely and shall not be used as a vehicle for circumventing the Court’s page limits.”



It would not be racist to say that Koh's ethnicity may make her less likely to be Korea-hostile (as many US judges are). Recall what Europe too does to the Korean giant along with the ITC. Here is the ITC in action. The private US press -- that which billionaires literally own -- covered it a lot to make Apple, a common advertiser and ally, look good. Smaller news sites mention Apple setbacks; contrariwise, bad news for Samsung is what they fancy covering at CBS. To quote: "Samsung has dropped its bid to have Apple products that relate to its ongoing court cases against the company withdrawn from sale in Europe."

And what about Apple? Remember who started it all and repeatedly sought bans. Watch this pro-Apple site whining about Apple not getting a trademark on "launchpad" (like Canonical):

On December 13, 2012, the US Patent & Trademark Office published a notice sent to Apple that basically denies them the rights to "Launchpad." This is Apple's second attempt at convincing the government agency of approving this trademark.


Canonical has had Launchpad for years. This just shows an ugly side of Apple, that's all. The company also sought patents on shapes -- a territory which in an article by Dennis Crouch he describes as follows: "laws of design patents; design patent application preparation and prosecution; design patent enforcement; tests of design patent validity; and design patent remedies."

These patents are vague enough to augment copyright and they are very controversial, too. Remember the rounded rectangle monopoly of Apple? Apple's cases are just very weak.

Recently we wrote about Apple and MPEG-LA. Watch this new article and remember that Apple and Microsoft are patent allies.

Motorola and Microsoft Debate the Scope of Google's MPEG-LA License (Seattle) ~pj



The last time we looked in on the Microsoft v. Motorola litigation in Seattle, the judge, the Honorable James L. Robart, had just ruled that Motorola would have no right to injunctive relief in the US and Germany for its H.264 and 802.11 standard essential patent portfolios, at least not in the current set of facts, although he allowed that facts could change in the future.

The judge has asked [PDF] the parties to give him more information about Google's license agreement with the MPEG-LA patent pool, and he set a hearing for oral argument for January 28 at 1:30 PM in Seattle on that issue and on a Microsoft motion for summary judgment on invalidity. If any of you can attend, that'd be wonderful.

We now can have a much clearer picture of the parties' positions, now that we have both parties' post-trial briefs on the subject of Google's license agreement with MPEG-LA regarding H.264/AVC patent pool.

The crux of the debate is how to interpret one clause in the agreement, Section 8.3. Does it require Google to grant Microsoft a license to Motorola’s H.264-essential patents? Microsoft says it does, and Google says it does not. Google says it chose a license whereby it would have to list all affiliates it wished to be covered by the agreement, and to date it has not listed Motorola. It didn't close on the Motorola deal until after it entered the license agreement with MPEG-LA anyway. And Motorola never on its own put any of its relevant patents into the MPEG-LA patent pool. So either way, Microsoft has no rights to a license via the MPEG-LA patent pool, Google argues, only by negotiated agreement under normal RAND terms, obviously at a higher rate.


The MPEG cartel has been used by the duopoly against free platforms, but Apple got hit recently, as covered here:

A federal jury in Delaware has found Apple's iPhone infringes on three patents held by MobileMedia Ideas, a patent-holding company formed by Sony, Nokia and MPEG LA.


Here is more:

Apple Inc. (AAPL) lost an infringement case brought by patent-licensing firm MobileMedia Ideas LLC when a federal jury decided the maker of the iPhone misappropriated protected technology for the handheld devices.

Jurors in Wilmington, Delaware, deliberated about four hours after a weeklong trial before also concluding today that the three patents aren’t invalid.


Those trolls are connected to the MPEG cartel, unlike this entity:

Apple Inc. (AAPL) and LG Electronics Inc. (066570) didn’t infringe an Alcatel-Lucent SA (ALU) unit’s patents for electronic devices including phones and computers, a jury said.

The verdict today came after a trial that began Nov. 27 in federal court in San Diego over a 2010 lawsuit by the Paris- based company’s Multimedia Patent Trust accusing Apple and LG Electronics of copying video-compression technology that allows data to be sent more efficiently over communications media, including the Internet and satellites, or stored on DVDs and Blu-Ray disks.


This comes from Bloomberg. Plutocrats' press likes to cover pro-Apple stories.

Recent Techrights' Posts

In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
 
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024
Ireland Exits Microsoft's Vista 11
Microsoft can't be doing too well in Ireland because Microsoft had tons of layoffs in that country last year
A Recognition for Hard Work
Running this site is a lot of work
The Web We Lost...
Vintage War Censorship Poster...
Daniel Pocock (IND) in European Election Debate
In this segment he speaks of the effects of social control media and phones on children
[Meme] Next Target: Sub Domains
Deb.Ian.Community
In Republic of (South) Korea, as of This Month, Android Climbs to Record High of 48%
Judging by statCounter anyway
"Linux" is Second-Class Citizen at IBM
sends the wrong message to Red Hat staff and Red Hat clients
Links 24/05/2024: More Software Patents Invalidated (US), New Fights to Protect Free Speech
Links for the day
"You Touched the Wrong Lady"
What Rianne wrote more than 8 months ago
Links 24/05/2024: Layoffs at LinkedIn and Election Interference Via Social Control Media
Links for the day
Getting a 'Thank You' From Software Freedom Conservancy (SFC) Will Cost You $5,000 to $30,000 (Same as Last Year)
Right now one of their associates (SFC) tries to spend money to censor us
KDE Neon Weirdness
Reprinted with permission from Ryan Farmer
Congratulations to Sirius Open Source, Still Claiming to Employ People Who Left Half a Decade Ago (or More!)
What signal does that send to con men?
[Meme] Bluewashing
Cent OS? No more.
IRC Proceedings: Thursday, May 23, 2024
IRC logs for Thursday, May 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Tenfold Increase for ChromeOS+GNU/Linux in Brunei
Brunei Darussalam is a country most people don't know about and never even heard about
Coming Soon: Another Round of 'Cancel Stallman' Chorus
The series required a great deal of patience