11.05.10

Federal Government Less Patents-Friendly Than USPTO, Apple’s Embargo Attempt (With Patents) Fails ITC Judgment

Posted in Apple, GNU/Linux, Google, Patents at 5:33 pm by Dr. Roy Schestowitz

United States International Trade Commission sealSummary: Apple’s patent aggression against rival smartphones is failing the early tests (potentially good news for Android); federal intervention helps those who support abolishment of some patents

BULLISH AND BULLYING toy makers from California have not gotten their way at the ITC (embargo/sanction appeal), which they attempted to use for blocking import of Android devices and Nokia devices. Yes, Apple may have started it. “ITC staff sides with Nokia in Apple complaint” says one article and another says that “Nokia Didn’t Violate Apple Patents” according to ITC staff. Might this also put Android in the clear (as far as the ITC goes)? This may be interesting and the patents are worth another look because the complaints are dissimilar.

Murdoch’s site has this new blog post titled “What Smartphone Makers Can Learn From the Sewing Machine Patent War” and it says:

The smartphone market is highly lucrative, has many competing players, and involves countless patents. In other words, it’s a recipe for lawsuits. In the last month alone, Microsoft lobbed a suit at Motorola, who in turn sued Apple. Nokia and HTC both have sued Apple, and Apple has sued both Nokia and HTC.

The web of competing claims on smartphone technology might seem a uniquely 21st-century problem. But according to legal scholar Adam Mossoff, the smartphone woes are reminiscent of a forgotten 19th century legal melee: the Sewing Machine War.

Mike Masnick, another critic of this whole patent mess in the smartphones arena and in general, writes about patent zeal at the USPTO, which views granting of monopoly powers simply like business as usual:

USPTO Not At All Happy About Justice Department Saying Genes Shouldn’t Be Patentable

Last week, the Justice Department surprised a ton of people by filing an amicus brief saying that isolated genes should not be patentable. The NY Times has an article quoting a bunch of outraged patent attorneys, who are worried about their own jobs more than anything else, but also has some tidbits suggesting that the Patent and Trademark Office is not at all happy either, despite the fact that they’re both part of the same administration.

For those who missed it, unlike the USPTO, the US government opposes gene patents and the Australian press is the latest among many sources to cover this:

The patenting of genes is not the highest profile political issue today, but Professor Ian Frazer, the inventor of the cervical cancer vaccine, believes there is no more important public health issue before the Parliament.

And so it was refreshing to see that at least for one evening a few weeks ago a rare bipartisanship seemed to be within our grasp.

Speaking of federal opposition to bad patents (the ITC is a quasi-judicial federal agency), NASA is still being silly about patents and Mike Masnick is the latest (amongst others [1, 2]) to say why NASA is very misguided:

A couple of years ago, we questioned why NASA was auctioning off patents that were taxpayer funded. It appears that NASA doesn’t care.Ben points us to the news that NASA is about to auction off a bunch of other patents as well, including five patents around “automated software generation.” There’s simply no reason not to put this research into the public domain where it can actually be used to benefit both commercial and non-commercial projects. By auctioning off a patent monopoly, it will almost certainly be using taxpayer-funded research to stifle innovation.

The USPTO is ruined by bureaucracy and lawyers, but there is hope that governments — not corporations and their lawyers (the head of the USPTO came from IBM) — will manage to rectify things. In the mean time, patents slow down advancement. Who benefits from it if not the rulers of the status quo? Apple is one of them, but Google, IBM and Nokia are on a similar boat (and they are not against software patents). More on that in our next post.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/11/05/apple-ban-fail/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. According to the Wall Street Journal, Bill Gates’s Relationship with Jeffrey Epstein Caused the Bill-Melinda Divorce (While the Media Deflected to Dr. Stallman, Using a Phony 'Scandal')

    It’s becoming rather obvious that there’s real substance to accusations that Mr. Gates was in some sense enabling Jeffrey Epstein; while Gates-funded media told us that he was saving us from climate change and a pandemic (PR stunts for empathy and sympathy) Melinda worked really hard to distance herself from him, the father of her kids



  2. [Meme] Bill, What's Your Opinion?

    While it's ludicrous to insinuate that Mr. Gates somehow "started" COVID-19 he certainly "rode the wave" for reputation laundering purposes, profit, and distraction from scandals that precede the epidemic in China (and caused his marriage to break down)



  3. Links 10/5/2021: SystemRescueCD 8.03, KeePass 2.48 Released

    Links for the day



  4. How We Process and Upload Videos Hosted in Techrights

    With ffmpeg as the Swiss army knife (and various other utilities/programs ‘in between’) it’s possible to automate much of the pipeline associated with video production and self-hosting



  5. Richard Stallman's Free Software Speech in 2020 (FSF Turning 35)

    We've re-encoded (as WebM) the likely sole/only speech Richard Stallman gave about his movement last year; today seems like a suitable time to republish it because tomorrow a British university/group will replatform him (to use their term)



  6. The Chaos Theory

    Making GNU/Linux less stable and less predictable isn't good for GNU/Linux users; but it certainly helps sell Red Hat support contracts and vexation inside the community weakens Red Hat's competitors



  7. Gemini and Techrights: Still Growing in Gemini Space and Always Supporting/Loving the Protocol

    As we continue to expand in Gemini space (where our very large site became a very large and likely the largest capsule) it's worth explaining some of the overlooked merits of the protocol; unlike the World Wide Web (WWW) it does not impose things on the user/visitor, who is more or less in charge



  8. Links 9/5/2021: KDE Frameworks 5.82.0 Release and Patents Related to COVID Subjected to Waivers

    Links for the day



  9. Act More 'Professional' to Appease Mobs

    We should all think alike, dress alike, and like everybody (especially the business overlords)



  10. IRC Proceedings: Saturday, May 08, 2021

    IRC logs for Saturday, May 08, 2021



  11. Some Background on the Free Speech Society at the University of Buckingham, Where Richard Stallman is Being 'Replatformed'

    A private British university, the University of Buckingham, will 'host' (virtually) the most-defamed person in the Free software world; the Free Speech Society is only two years old and rationality for its existence is explained by its co-founder James Oliver



  12. Web Sites or News Sites Perish When Their Arguments Are Weak and/or Invalid

    "Just be honest!" is a simple motto for any site; but some sites sell out in pursuit of money or grandiosity, unlike us (we turned 14.5 years old on Friday)



  13. GNU/Linux Turns 38 (in 4 Months From Now)

    Contrary to what the Linux Foundation wants you to think, the operating system turns 38 later this year



  14. Richard Stallman: Steve Jobs Did Some Very Bad Things

    Dr. Richard Stallman told me about Steve Jobs that he had helped digitally imprison computer users



  15. GNU/Linux Founder Richard Stallman to Give a Talk at the University of Buckingham Tomorrow (Live Stream)

    Tomorrow it will be possible to watch this new talk live using Free software



  16. Then We Take Berlin...

    Homage to EPO, based in Munich and Berlin (and defended by the government in Berlin)



  17. The Right to Assemble, Fundamental Rights of Ownership, and Many Other Rights Are Under Attack

    Techrights will be dealing a lot more with erosion of what people have come to assume were “rights” (real rights, such as human rights, labour rights, not copy “rights” or patent “rights”); when rights are reduced to rubble the long-term consequences are severe, shows history



  18. TechBytes Episode 91: End of Privacy and End of Windows 10X

    Tim and Roy produce their 2nd audiocast since TechBytes returned



  19. The Cancel Song

    People who work for (or receive funding from) Nazi-associated IBM are still trying to turn the work/legacy of Richard Stallman (RMS) into dust/ashes



  20. Pro-Software Freedom Advocates and Free/Libre Software Supporters Face Barriers Due to Domination of Communication Channels (Beyond the Media)

    A carefully-checked assessment of an overlooked aspect surrounding the 'cancel mob', which incites and brainwashes people based on lies; there's an attempt to control channels of communication (e.g. Open and Free Technology Community and Freenode) and to generally suppress people who support the founder of GNU/Linux



  21. Bashing Free Software and GNU/Linux is a Terrible Business Model for Publishers

    Contrary to unflattering portrayals by hostile media that's sponsored by foes of Free software, the usage of Free software grows, even if things such as DRM and surveillance stand in the way of software freedom (which was wrongly assumed to be ushered in by Free software, irrespective of malicious features like 'telemetry')



  22. Links 8/5/2021: GIMP 2.99.6, Wine 6.8 Released

    Links for the day



  23. IRC Proceedings: Friday, May 07, 2021

    IRC logs for Friday, May 07, 2021



  24. [Meme] Outsourcing Audacity Development to Microsoft Proprietary Software and Then Copying Microsoft Tactics (and 'Telemetry')

    They've had the audacity to call it "telemetry" and pretend that surveillance companies (spying giants) cannot figure out who you are based on IP addresses



  25. Links 7/5/2021: IPFire 2.25 Core Update 156 and Diffoscope 174 Released

    Links for the day



  26. The New Microsoft? No, the New IBM.

    Microsoft GitHub and IBM: a strategic alliance between a monopolistic duo



  27. The Audacity Takeover by Muse Group is No Cause for Celebration

    Audacity is now part of an entity called Muse Group and if it doesn’t take or suck freedom out of Audacity, it will certainly deny users rather basic concepts (or anticipation) of privacy



  28. King of Linux

    If the entire operating system is being called "Linux", then we fall for a publicity or misattribution stunt



  29. The Biggest Troll is the Linux Foundation, Still Looking to Provoke and Defame Free Software Communities in Order to Help a Monopolistic Takeover and to Shoehorn Tyrants Into Leadership Positions

    Contrary to what the so-called ‘Linux’ Foundation is trying to say, the most toxic element is itself; it’s maligning the real community while protecting abusive and racist corporations that profit from war and tribalism-motivated hatred



  30. IRC Proceedings: Thursday, May 06, 2021

    IRC logs for Thursday, May 06, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts