Bonum Certa Men Certa

Patents Roundup: Both Apple and Microsoft Use Software Patents Against GNU/Linux, Get Sued for Violation Along With Google and Facebook; Amazon-USPTO Comedy Resumes

Rainbow troll



Summary: This week's latest patent news which has impact on the Free software world

Apple and Microsoft Patent Extortion Against Free Software Goes Almost a Decade Back



PROPRIETARY SOFTWARE companies think alike. Apple's attack on GNU/Linux [1, 2, 3, 4, 5] turns out to be many years old [1, 2]. At Microsoft too, Bill Gates had spoken about a “Jihad” (his word) against Linux at Intel almost a decade ago. They managed to keep it secret for many years. These CEOs are control freaks who let nothing in their way stop them. Schwartz, the former CEO of Sun, says that "for a technology company, going on offense with software patents seems like an act of desperation, relying on the courts instead of the marketplace....[S]uing a competitor typically makes them more relevant, not less. Developers I know aren’t getting less interested in Google’s Android platform, they’re getting more interested."



Here is an interesting pick from the news:

The concern is that Microsoft's Windows 7 mobile operating system has the iPhone's market in its sights and that Microsoft has a deep background in software patents to back it up.

One worry for Google is that Apple's legal battle with HTC may weaken the momentum of Android-powered phones.


Apple and Microsoft both share an affinity for software patents and they also cross-license. This means that Apple's bullying of GNU/Linux with software patents is very beneficial to Microsoft, which pools the same patents as Apple's. In the news we now have (references not listed before):

Former Sun CEO claims Jobs threatened lawsuit in 2003

Apple Tried to Bully Sun With Lawsuit Threats in 2003

Apple and Microsoft "threatened to sue Sun"

Ex-Sun CEO dishes dirt: Steve Jobs as Apple "patent troll"

Former Sun CEO Says Apple's Jobs Threatened To Sue Co In 2003

Former Sun CEO Schwartz dishes on patent fights with Jobs, Gates

Daily Dose - Schwartz: Apple and Microsoft Tried to Sue Me Too!

Steve Jobs threatened to sue, says former Sun CEO Schwartz

Former Sun CEO Jonathan Schwartz describes Steve Jobs showdown

Sun fended off Apple, Microsoft IP lawsuit threats

Former Sun CEO: Steve Jobs threatened to sue us over patents too

Former Sun Microsystems CEO: HTC Isn't the First Company to Face Legal Threats From Steve Jobs

Ex-Sun boss spills the beans on Apple patent threats

Schwartz on Steve Jobs’ “bullying tactics

Former Sun CEO Takes Tech Titans to Task Over Patent Trolling

Former Sun CEO: Tech Companies Suing Over Patents Is An Act Of Desperation

Schwartz tells the story of Steve Jobs calling him and threatening Sun with a patent infringement lawsuit, to which Schwartz quickly warned Jobs that going down that path would lead to a patent nuclear war, as he pointed out how recent Apple products likely infringed on Sun patents. He then tells another story about a visit from Bill Gates, with a similar threat over patents -- and a similar response, pointing out that Microsoft clearly copied certain Sun technology. In both cases, the counterweight made the threats go away. This is the whole "nuclear stockpiling" scenario -- and, as such, it creates a ton of waste. You have to keep building up those stockpiles just to make sure the other side is too scared to sue you.


Gates Asked for IP Royalties for OpenOffice from Sun Microsystems

Sometime between 2003 and 2006, Microsoft Chief Executive Officer Steve Ballmer and Co-founder and chairman Bill Gates visited Sun Microsystems. It wasn’t a courtesy visit, according to Jonathan Ian Schwartz, Former CEO of Sun Microsystems. The Microsoft duo were on a mission to convince Scott McNealy, Sun’s then CEO, to enter into a patent licensing agreement with the Redmond company. Moreover, Gates wanted compensation for the patents that Sun Microsystems was allegedly violating with OpenOffice, a rival product of Microsoft’s own Office productivity suite. Sun resisted.


This ought to make GNU/Linux users who defend Microsoft or Apple think twice.

More Apple and Microsoft



The i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] is not quite over yet. Microsoft's defense of software patents is costing it dearly; its cash cow is at stake and it's still trying to exhaust the plaintiff, as usual [1, 2]. The legal system is built in such a way that it favours those who can endure (afford) more motions, which is why Microsoft manages to get away with many real offences and have charges dismissed. It's a brute force game.

Two days ago we found out that Apple is getting sued for patent infringement again:

Apple, Research in Motion, and a gaggle of other deep-pocket firms have been slapped with a wide-ranging patent infringment suit by an obscure Texas firm.

The suit alleges that Apple and RIM - plus AT&T, Insight Enterprises, LG Electronics, Motorola, Pantech Wireless, Samsung and Sanyo - are in violation of one or more of seven mobile phone–related patents. The allegedly infringed-upon patents include ones for Bluetooth connectivity, syncing, background processing and other mobile matters.


Here is more about Apple, relating to something that we covered 2 days ago.

More than 100,000 app developers have reportedly signed the iPhone Development Program License Agreement allowing them write software for the iPhone, however few people outside the inner circle of developers have ever seen the documents thanks to a non-disclosure clause included in the agreement.When NASA released the NASA App for iPhone, The Electronic Frontier Foundation (EFF) seized the opportunity to get a copy from the federal government under the Freedom of Information Act.


Google and Facebook Get What They Deserve



Google is not an opponent of software patents and neither is Facebook [1, 2]. This is why the following new lawsuit is probably good news:

Google, Facebook sued on mobile notworking

Google and Facebook have been sued in New York by a company claiming to own software patents that put social networks on mobile phones.


Google, Facebook Sued Over Social-Networking Patent

Wireless Ink Corp., which runs the Winksite service, claims that Facebook Mobile and Google Buzz are infringing a patent issued in October. In a complaint filed yesterday in federal court in Manhattan, the company is seeking cash compensation and a court order to prevent further use of its invention.


Let them get sued. Maybe they will eventually learn that software patents are not worth the trouble. They makes this patent system a wasteful farce that does not promote science like it was originally supposed to.

Amazon a Mockery to the USPTO



Amazon's patent deal with Microsoft [1, 2, 3, 4] showed us that Amazon is not an opponent of software patents, but we already knew that. One of the most infamous examples of Amazon's shameful patent policy is the 1-click patent, which the USPTO is still unable to bin. Here is the latest development. From Slashdot's summary/description:

Zordak writes "Amazon's infamous '1-click' patent has been in reexamination at the USPTO for almost four years. Patently-O now reports that 'the USPTO confirmed the patentability of original claims 6-10 and amended claims 1-5 and 11-26. The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a 'shopping cart model.' Thus, to infringe the new version of the patent, an eCommerce retailer must use a shopping cart model (presumably non-1-click) alongside of the 1-click version. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope.'"


This is also covered in:

Amazon One-Click Patent Slides Through Reexamination

Amazon.com's 1-Click patent confirmed following re-exam

US Patent Office Decides That One Click Really Is Patentable

One Click Patent Reexamination over - with claims amended and other Amazon applications rejected in light of my prior art

The failure here is the USPTO's and the greed is Amazon's.

Recent Techrights' Posts

Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
 
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs