Bonum Certa Men Certa

Linux Battle in Mobile Phones Becomes Primarily Legal, Not Technical, Due to Software Patents

"In United States, software mafia sues YOU!"

Pen and book



Summary: With broken patent law in the United States and in far east Asia, winners in the mobile space are determined in the courtroom rather than the market

OUR IRC regular gnufreex says that "it looks like Microsoft is down to patent trolling...



"They are dead in mobile game," he explains. "They can only try to extort patents now... And they might set off OIN... So they could be blasted forever."

Actually, the OIN has been pretty useless in that regard. It has done almost nothing at all to defend Linux against Microsoft's ongoing extortion. The mobile space is where Microsoft can make a lot of money from Android phones because Microsoft itself cannot produce anything worthy.

“They [Microsoft] can only try to extort patents now...”
      --gnufreex
"Oh... They still own Nokia," says gnufreex. "Sadly, they might pull down Nokia with them." gnufreex refers to what we last wrote about yesterday on a couple of occasions. We'll return to that later and for the time being just point out the coverage from AP, the Reuters headline which says "Analysis: Another Microsoft exec pushes escape key" (Reuters also has "Factbox: Key problems facing new Nokia CEO Elop"), and some other articles which can indicate that Nokia cannot join Android because Microsoft would not like it (Nokia has Symbian, which does not advance Linux). "Android, Symbian to Vie for Dominance as Microsoft Phone Series Flounders" says one article and another proposes "10 Things Nokia's New CEO Must Do ASAP". We consider this to be a candidate for entryism based on the statement from Steve Ballmer, but hopefully we are wrong. Surely enough, it can also be a negative to Microsoft. Murdoch's press says that "Elop's Exit Adds To Microsoft's Mounting Challenges" (to a certain degree it does).

As we showed yesterday, even Microsoft partners are unwilling to touch Vista Phone 7 [sic] this year and the number of companies that distance themselves from this platform appears to be growing (now it includes Sprint Nextel too).

Microsoft increasingly turns to software patents as a way of making money in the mobile space. Microsoft keeps paying all sorts of patent trolls and agitators like Uniloc [1, 2, 3, 4, 5, 6, 7] for their software patents and these companies, in turn, use this Microsoft money to sue loads of other companies. Here is Uniloc's latest:

Uniloc has vigorously pursued legal action against some of the biggest technology companies in the world over unauthorized used of its patented technology since it sued Microsoft Corp. in 2003. That case was in Rhode Island; the more recent ones have been filed in federal court in Tyler, Tex.Uniloc won a $388 million judgement against Microsoft, but the judge threw out the verdict. At that time, Uniloc attorney Paul Hayes said, “This is a real David and Goliath case. Microsoft probably makes more profit in a day than Uniloc makes in sales in a year.”More recently, Uniloc sued Sony and McAfee.Other companies sued in the newest lawsuit include CA Inc.; National Instruments Corp.; Pervasive Software Inc.; Aladdin Knowledge, part of SafeNet Inc.; Pinnacle Systems, part of Avid Technology; Sonic Solutions Inc.


Some days ago we showed that Microsoft was verbally attacking Android using patent FUD. “It does infringe on a bunch of patents, and there’s a cost associated with that,” Microsoft's Ellawala was quoted as saying. He then said “there’s a... cost associated with Android that doesn’t make it free.”

"This is exactly what I knew they'd say as soon as I read about Oracle's lawsuit against Google," Pamela Jones wrote in response to this in Groklaw. "Shame on Oracle for even inadvertently helping Microsoft FUD like this."

Oracle's lawsuit may also help .NET and Mono against Java. One blogger has just explained "how Oracle can easily be defeated in its patent offensive against Android":

Interestingly, OIN appears to be rather stealthy and no longer publishes a list of protected technologies (other than mentioning linux) nor does it make public any strategy or commitment to protect anything. It might be doing this to prevent patent trolls finding loopholes or to prevent the organisation from wasting resources in unwinnable situations. Then again, it might just be an impotent organisation with no real teeth or one that only caters to protect the interests of its founding members and no one else.

Its amazing how much power OIN has (100+ patents) yet does very little to prevent the likes of Microsoft, Apple and Oracle from their anti-competitive and unethical actions which result in terrorising users of Open source with patents. The only success it has had was to purchase a set of anti-Linux patents that Microsoft would have sold to a bunch of trolls. Time to end the moral cowardice of OIN if you ask me...


Is it time for the OIN to finally shine? OpenBytes wrote about this too: (as a side note, the site is currently being trolled too much by pro-Microsoft trolls/AstroTurfers, who also abused other Web sites including Techrights under identical names)

Which comes as little surprise since over the life of this blog Ive commented on my experiences of Winmob with a MDA Mail. Lets also cast our minds back to the praise Kin received from some individuals and whilst most tech observers were predicting a flop (it was blatantly obvious in the case of Kin) we were called haters and accused of dishonesty. These claims were never retracted when the Kin was withdrawn having allegedly sold only 500 units. 500 units for a company like Microsoft? And we “haters” were right weren’t we?

As I mentioned in the comments section of the previous article (kindly prompted by a resident troll) Verizon is allegedly not jumping on board with Windows Mobile 7 at its launch. This must come as a blow to Microsoft, but then after the Kin experience who could blame Verizon if they have been put off getting involved in Microsoft’s latest “innovations”.

I strongly suggest you read the Registers article. Whilst Microsoft siding with Oracle may not be “news”, to me shows just how impossible it considers the task of competing with Android. Windows Mobile 7 will be touting great “sales” on launch day, just remember they are giving them away to their employee’s for free (apparently)…


Microsoft booster Robert Mullins has just cited Microsoft Florian and belittled Java's future, as one ought to expect (his piece is further promoted by the pseudo-open source blog of IDG, in a new blog post which might show how much they love BSD because Microsoft too is based on some PostgreSQL codebase for its proprietary database).

While their comments were all obviously cleared by corporate, one of them, Stephen Chin, a director of software engineering, states: “This year at JavaOne is the seminal event of Oracle's stewardship, which will drive the future of Java.”

“JavaOne 2010 is THE event that will make or break Java, the technology,” writes Rom Feria, a professor at the University of the Philippines. “I cannot wait to know what Oracle will do with this awesome technology—where will Java be on the desktop, enterprise and mobile in the next in the next year or two.”


The truth of the matter is that Java is still the dominant language and Oracle had arguably legitimate concerns here (not regarding Android at all).

To Microsoft, Oracle's lawsuit against Google provides FUD against Linux and Java at the same time. To Microsoft it's all about software patents at this stage (it reinvents itself as a parasite) and as further evidence of this consider Microsoft's IP Ventures, which makes the news again in Ireland:

The company is based on technology provided by Microsoft under the Microsoft IP Ventures program in collaboration with Enterprise Ireland.

This program enabled InishTech to acquire and successfully build upon Microsoft’s IP in return for a providing Microsoft with a significant minority stake in InishTech.


Microsoft is trying to defeat GNU/Linux using absurd laws, not using products. The sooner everyone realise this, the sooner GNU/Linux blogs will place greater emphasis on subjects that truly affect the future success of Free software. As we argued some days ago, for software freedom the #1 barrier is software patents. A few days ago we explained this in great detail and earlier this month we showed that "the only remaining competition to mobile Linux is software patents" (this is one of the biggest growth areas at this moment).

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
 
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026