Bonum Certa Men Certa

American Duopoly (Apple and Microsoft) Fights Korea With Patents

Seoul besieged again

Seoul Plaza



Summary: A look at Apple's and Microsoft's relationship with Samsung (one of the two major Korean companies in this area) and what we can learn from it

SAMSUNG is a hardware giant located at a nation that thrives in production of goods. Samsung is about an order of magnitude larger than Apple, at least in terms of workforce. Not so long ago Samsung surpassed Apple in terms of certain sales and became the largest distributors of Android (even if taxed by Microsoft), amongst other things. It painted a large target on Samsung's behind, so Microsoft wanted more "royalties" and Apple sought embargoes one country at a time (fortunately there is no global patent system, at least not yet). The strategy has not been particularly useful to Apple; ever since it started suing Android companies using patents (starting with HTC) there has been a great deal of blowback, even from US-based carriers. Apple started alienating too many existing and potential partners, which would be harmful in the long term. At the end of last month we saw Apple taking a small step back (withdrawing patent claims) and now it is complaining about Samsung's patents. Apple got a little scared and removed patent allegations, so now it seems to be more afraid of Samsung's own patents. Just remember who started all this confrontation. Apple started it, whereupon pundits said that Apple must have been out of its mind. Some days ago it was reported that Apple significantly reduced its iPad orders; maybe Samsung just won't help make these. By suing its own producers, Apple made a foolish decision. Microsoft took a different approach with its longtime partner Samsung and to cite Muktware, it did not try to get ridiculous trademarks or manufacture fake 'evidence' to block Samsung's products. Instead Microsoft tried turning Android/Samsung devices into its own. Here is an article to be aware of:



Apple has been misuing its deep pockets and abusing the legal system to weaken competition. There is good news for competitors, the USPTO has rejected Apple's trademark claims over 'multi-touch'. Apple applied for the trademark in 2007 when it launched its iPhone. The USPTO rejected the trademark on the basis that the term is too generic or broad. Apple also holds a trademark on AppStore, a term used for app stores. There is an ongoing legal battle between Apple and Amazon over the use of this genetic term.


Apple is not much of a producing company. It's a design, marketing, and branding company. This is why it tries so hard to restrict use of vocabulary, product appearance, etc. Apple even hired Viagra experts for this task. The manufacturers of "Apple"-branded products could just do it equally well themselves, a lot more economically too.

"The scenario makes is rather obvious that software patents are a major danger to coders."Then there is Microsoft, which used to be a monopoly expert (removing choice from the market by crime and underhanded tactics) and has recently become more of a patents aggressor because people fought for choice (more on that in an earlier post). Microsoft is still trying to figure out how to make a profit from other people's work and in the process it resorts to racketeering, collusion, secret deals, and old partners like Samsung (interesting take), which are all just a convenient way to get around having to face Google. This whole situation is fascinating because, assuming Microsoft can turn patents into its major cash cow, the market for software development will just die a little more. It will become a market of patents, just as Microsoft's patent troll once envisioned it. Rather than write software (code) people will write words and then extort everyone who writes code implementing an abstract description of it. The scenario makes is rather obvious that software patents are a major danger to coders.

In a truly bizarre article whose headline resembles old propaganda for software patents ("Software Developers Must Be Properly Rewarded") the case is being made based on the Samsung-Microsoft 'deal'. If this illustrated anything at all, it is that software patents have absolutely zero value to Korea. It is only secret trade agreements that can somehow make Korea fall on its sword and fall for software patents.

Samsung is now paying Microsoft for something it never made, not even in code, passing the cost to customers, who will in turn reward Microsoft rather than Google. How does that encourage software development? The developers are not being paid.

To use the words of one blogger:

Microsoft has a large advantage in its quest to go after and collect royalties from those that it deems necessary as a direct threat. Microsoft has risen up with full force against Android, just after Windows Phone 7 started to appear. Coincidence? I don't think so. Most recently it was announced that Microsoft had an "agreement" with Samsung, yet another manufacturer of Android devices. This agreement? It's been rumoured that Samsung will need to pay close to $5 to Microsoft for each Android phone manufactured and sold. And so this is one side of the blade that Microsoft is swinging all around. Microsoft is using its vast array of patents to frighten phone manufacturers into paying royalties, in order to avoid being sued. Ingenious? Yes, because there's another side of the blade that didn't occur to me until recently. Samsung, being a manufacturer of Android devices, could manufacture devices for other operating systems as well, including Windows. Why not? If Microsoft is going to charge Samsung a set fee for each Android phone, yet allow Samsung to manufacture and sell Windows phones with no fees, what incentive would there be for Samsung to continue manufacturing Android devices? Not too many at the rate things are going. The only thing keeping Samsung interested in Android is the market demand for devices that run the Android OS. So Microsoft has two sides to their blade, they swing it to either side and they win. And Google? They seem to be defenseless at the moment while vendors of its software are being bullied by Microsoft.


This is an observation we made over 4 years ago, just after the signing of the Novell deal. The patent deal between Samsung and Microsoft is also over 4 years ago. This is helping non-practising 'industries', making developers devalued while "Increas[ing] in demand for Trained Patent Professionals" as this new article puts it:

In India, software is protected under the Copyright Act and not the Patent Act (as in many western countries). However, Indian IT companies have filed patent applications for their software in other parts of the world and these companies continue to seek non-software patents in India. Many of them have also filed business method patents in U.S. As Indian IT companies restructure their operations for high value service offerings, they are focused on innovation and intellectual property generation and protection in India and abroad.


The passage of jobs from engineers to lawyers (who serve a protectionist agenda) is a sad reminder of a society where the rich get richer and smart, honest people get thrown aside. The rise of terms like "Intellectual Property" in the news tells us that there is a strong push to indoctrinate the public all across the world to "respect IP". Cablegate is full of examples that demonstrate it (we shall dive into more of that later this year).

Comments

Recent Techrights' Posts

Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
 
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day