Bonum Certa Men Certa

Apple Sues Google and Android Over Patents

Joins Microsoft in suing the market leader, which uses the Linux kernel

Mac and PC



Summary: Just like Microsoft, Apple is now suing Google more directly by targeting Android as a whole, not particular distributions of it

APLLE IS up to no good. A sane observer would possibly suggest antitrust/federal action against Apple, and not just in the US, either. There is a lot of nationalism at play and Korea is too small and feeble to rebut effectively. What about the market deciding? That would generally work. But not enough is being done to show Apple for what it really is. In fact, we are deeply disappointed to see diversion such as articles that label Apple a "victim". Some obscure company is said to have started patent war against everyone:



An unknown company's four-year campaign to sue hundreds of companies for offering encryption on their websites shows no signs of abating, with Intel, Yelp, and MovieTickets.com being targeted in the past month, court records show.


In its Identi.ca account, the EFF said: "Patent troll targets those who use SSL security protocol. Speak out against a broken patent system" (linking to its Web pages against software patents).

Another familiar vermin [1, 2, 3 has won a patent case against Apple [1, 2, 3, 4], but it is actually worse than that. An article by Mike Masnick says: "Unfortunately, our broken patent system still refuses to recognize a true independent inventor defense -- leading lawyers to make statements like the one above, in which they gleefully cheer on the fact that they are blocking companies from innovating on their own. Shameful."

Apple and Google were both affected in this case, but Google, unlike Apple, does not deserve this. Apple is suing Android again, this time aiming directly at Google [1, 2]. To quote:

Apple has moved to add Samsung's Galaxy Note 10.1 and, unusually, the Google-built Android OS Jelly Bean which runs on the phone to an existing patent lawsuit in the US.

The fruity firm argues that the Note 10.1 infringes on its intellectual property just as much as Samsung's other products in the case do.


This got a lot of coverage [1, 2, 3, 4, 5], little of which was flattering. To quote one example:

Apple is not going to stop its legal attack on Android. The sue-cidal company now wants to add Android 4.1 (Jelly Bean) to its existing lawsuit against Galaxy maker Samsung in federal court in San Jose. The company also wants to add Samsung's Galaxy Note devices to this lawsuit. The case will go to trial in 2014.


Here is more from the corporate press and Groklaw:



Apple is trying to supplement its claims, significantly asking to add Android Jelly Bean itself, among others to its *other* Apple v. Samsung litigation in California. Samsung partially opposes. It doesn't care if Apple adds the Galaxy Tab 10.1, for example, as long as it gets to add iPhone 5. But it strongly opposes letting Apple add Jelly Bean.

I thought you'd like to read all the filings, even if, like me, you are sick to death of Apple and its patent aggression. This isn't the trial with the jury foreman issue; this hasn't gone to trial yet. But it's the same two judges, the Hon. Lucy Koh presiding, and Paul Grewall, the magistrate. He held a hearing on this yesterday, and he's taken the issue under advisement.


Judge Posner, who had ruled against Apple, compared Apple to "animals" for this kind of behaviour (Posner also opposes software patents [1, 2, 3]), which is what's happening again:

Another Key Motorola vs. Apple Patent Trial Tossed Out By A Judge Frustrated With Apple's Games



Earlier this year, in a key patent fight between Apple and Motorola Mobility, Judge Richard Posner, who was "slumming" it down in the district courts for a bit, dismissed that case with prejudice while slamming Apple for its patent litigation strategy. Now, it appears that we have something of a surprise repeat situation, as a different judge in a different patent fight between the same parties has also dismissed the case with prejudice after angrily teeing off on Apple for its litigation strategy. Most of the reasoning can be found in an opinion the judge released late last week.


This was an important outcome. Let's hope that the idea of Richard Stallman will be implemented to ensure that all cases end up that way. The President of the OSI seemingly agrees with Stallman:

I've said it before and I'll say it again: Software patents are evil. They allow the work of innovators to be ambushed and raise the cost of technology innovation. But finding a viable solution to the software patent mess isn't easy.

As it happens, Wired is running a series of articles on this topic, including an essay by Richard Stallman, founder and president of the Free Software Foundation. Stallman proposes limiting the enforceability of patents against software, noting that the subjects of patents "can also be implemented in hardware ... and many of them have been. Each patent typically covers both hardware and software implementations of the idea."


Over the weekend we are going to prepare some more wiki pages about patents. These matters are becoming primarily- and dominantly-recurring themes in the software world, not just the Free software world. There is the possibility of recruiting many millions of people for the fight against software patents.

Comments

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
 
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day