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

Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026