Bonum Certa Men Certa

Federal Government Less Patents-Friendly Than USPTO, Apple's Embargo Attempt (With Patents) Fails ITC Judgment

United States International Trade Commission sealSummary: Apple's patent aggression against rival smartphones is failing the early tests (potentially good news for Android); federal intervention helps those who support abolishment of some patents

BULLISH AND BULLYING toy makers from California have not gotten their way at the ITC (embargo/sanction appeal), which they attempted to use for blocking import of Android devices and Nokia devices. Yes, Apple may have started it. "ITC staff sides with Nokia in Apple complaint" says one article and another says that "Nokia Didn’t Violate Apple Patents" according to ITC staff. Might this also put Android in the clear (as far as the ITC goes)? This may be interesting and the patents are worth another look because the complaints are dissimilar.



Murdoch's site has this new blog post titled "What Smartphone Makers Can Learn From the Sewing Machine Patent War" and it says:

The smartphone market is highly lucrative, has many competing players, and involves countless patents. In other words, it’s a recipe for lawsuits. In the last month alone, Microsoft lobbed a suit at Motorola, who in turn sued Apple. Nokia and HTC both have sued Apple, and Apple has sued both Nokia and HTC.

The web of competing claims on smartphone technology might seem a uniquely 21st-century problem. But according to legal scholar Adam Mossoff, the smartphone woes are reminiscent of a forgotten 19th century legal melee: the Sewing Machine War.


Mike Masnick, another critic of this whole patent mess in the smartphones arena and in general, writes about patent zeal at the USPTO, which views granting of monopoly powers simply like business as usual:

USPTO Not At All Happy About Justice Department Saying Genes Shouldn't Be Patentable



Last week, the Justice Department surprised a ton of people by filing an amicus brief saying that isolated genes should not be patentable. The NY Times has an article quoting a bunch of outraged patent attorneys, who are worried about their own jobs more than anything else, but also has some tidbits suggesting that the Patent and Trademark Office is not at all happy either, despite the fact that they're both part of the same administration.


For those who missed it, unlike the USPTO, the US government opposes gene patents and the Australian press is the latest among many sources to cover this:

The patenting of genes is not the highest profile political issue today, but Professor Ian Frazer, the inventor of the cervical cancer vaccine, believes there is no more important public health issue before the Parliament.

And so it was refreshing to see that at least for one evening a few weeks ago a rare bipartisanship seemed to be within our grasp.


Speaking of federal opposition to bad patents (the ITC is a quasi-judicial federal agency), NASA is still being silly about patents and Mike Masnick is the latest (amongst others [1, 2]) to say why NASA is very misguided:

A couple of years ago, we questioned why NASA was auctioning off patents that were taxpayer funded. It appears that NASA doesn't care.Ben points us to the news that NASA is about to auction off a bunch of other patents as well, including five patents around "automated software generation." There's simply no reason not to put this research into the public domain where it can actually be used to benefit both commercial and non-commercial projects. By auctioning off a patent monopoly, it will almost certainly be using taxpayer-funded research to stifle innovation.


The USPTO is ruined by bureaucracy and lawyers, but there is hope that governments -- not corporations and their lawyers (the head of the USPTO came from IBM) -- will manage to rectify things. In the mean time, patents slow down advancement. Who benefits from it if not the rulers of the status quo? Apple is one of them, but Google, IBM and Nokia are on a similar boat (and they are not against software patents). More on that in our next post.

Recent Techrights' Posts

Google 'Search' is Fast Becoming No Better Than Social Control Media Infested With Bots
Google emerged almost 30 years ago as a company looking to organise the Web and direct people towards informative pages. That Google is dead.
Before the OSI Was Bribed and Hijacked by Microsoft via GitHub and Compromised Management...
The OSI isn't even remotely "woke"
The OSI Has Been Silent for Over 3 Weeks, It Has a Severe Trust Issue After Promoting Microsoft and Proprietary GitHub
OSI took a lot of money from Microsoft to become a Microsoft lobbyist
Bribery is OK If You Work for Microsoft (No Punishment Expected)
It's very troubling and a symptom of a broken society/system when particular laws or rules are applied and enforced against some people but not against others
Someone Should Remind Microsoft Lunduke That Microsoft Hires Many Sexual Criminals and Pedophiles as Well
Microsoft Lunduke on an "expedition" to find one or more perverts, then generalise to everyone in the "community"
Cash Machines (ATMs) Make Mistakes and They're Proprietary Software
Correcting mistakes is a colossal challenge
 
Some People See What Others See... But Only 40 Years Later
When people deviate from "the norm" they typically get ridiculed and dismissed as "crazy"
Links 30/07/2025: Tea Class Action and Google Killing the Web With Slop
Links for the day
Last Month Our IRC Community Turned 17
Funnily enough we never missed a single day when it comes to logging
"The Unix Kernel"
Linux was inspired by MINIX
The Register Relays Microsoft Marketing, Dubs That Marketing "Research"
Hours ago they did a "Microsoft sez" piece
Dealing With Sociopaths, Liars, and Cranks
A dysfunctional society such as this would never develop
Not Owning Mobile Phones
It's not about resistance; it's common sense
PCLinuxOS Had Functional Backups Before the House Fire, the Site Will be Restored in New Webhost
This is the direction we want for GNU/Linux, not some IBM sales strategy
Gemini Links 30/07/2025: Two Sides of Me and "Hooked on Cosmic Voyage"
Links for the day
Microsoft Will Continue Resorting to Crimes in Order to Keep GNU/Linux Usage Down
It is a real problem and we'll revisit it later this week
GAFAM 'Revolving Doors' at The Register and a "Bribe Price List"
"an analyst at Microsoft"
Microsoft Rapidly Shrinking (No, It's Not About Efficiency, It's About Unbearable Debt)
We'll soon see how much debt grew in the past quarter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 29, 2025
IRC logs for Tuesday, July 29, 2025
Corruption is the Standard Operating Procedure at the European Patent Office (EPO)
The EPO is a dictatorship that stains Europe
Local Staff Committee Munich (LSCMN) at the European Patent Office (EPO) Requests an Urgent Meeting to Avoid Abolishing the Office
This is dictatorship led by the most corrupt
Slopwatch: Fake 'Linux' 'Articles' and Spamfarms/Slopfarms
at least 5 fake articles in one day
Gemini Links 29/07/2025: Wayland Unfit for Use and LLM Slop Faking One's Language Skills With Robot Communications
Links for the day
Nailing the "Hey Hi" (AI) Hype Bubble
So-called "hey hi" as they define it now is all about large companies or regimes remotely controlling the processes running on your machine and even your very own behaviour on your machine, which is in effect no longer your machine but some remotely controlled apparatus
"Four decades; Four freedoms; For all users" Now as a T-shirt
That's shown along the sidebar
Links 29/07/2025: Bad Climate and "Fair Software Licensing" Blasts Microsoft
Links for the day
Links 29/07/2025: Data Brokers Gone Wrong/Rogue and "Copyright Thicket"
Links for the day
Slopwatch: Linuxconfig.org, Linuxsecurity.com, Fagioli, The Register
Today's "Slopwatch" isn't the first article about LLM slop
We Cover Topics Other Sites Are Too Afraid to Cover (Even When They Know the Facts)
It's not that they doubt the truth, they just realise there may be consequences for talking about it
They Try to Tell Us the Free Software Foundation Inc is Dying, But Its Revenue Doubled Since the Dot-Com Bubble Burst
Being in "Activism" is never easy; but it does positive things for society
Yes, Microsoft is the Problem
"I am no MS shill."
It's About the Cost of Workers, Not the Fictional Skills Shortage (That Does Not Exist, the Media Spreads False and Sometimes Self-Fulfilling Narratives)
This issue isn't limited to computing, some dub it "globalism"
Another Failed Use Case for Chatbots (LLM): Legal Advice and Analysis
They're just some self-discrediting toy that costs way too much to operate
Links 29/07/2025: More Pushbacks Against Slop and More Praises of Tom Lehrer
Links for the day
Gemini Links 29/07/2025: Purple Yarrow and Understanding Op Amps
Links for the day
This Monday WebProNews Absolutely Flooded the Web With Fake (LLM Slop) 'Articles' About "Linux", Google News Promoted Them as Legitimate
All of the following are fake articles attributed to pseudonyms or authors that don't exist; the images are also slop. Why does Google promote these?
Linuxiac is Not a Slopfarm, But at Least Some of Its Articles Are Machine-Generated Fakes
what we said about it was correct
Expect More Microsoft Layoffs
"Are more job cuts coming?"
Microsoft Behaving Like It's Running Out of Money to Pay Salaries
Does that seem like the behaviour expected from a company which claims it is "worth" trillions?
LWN Downtime Due to Linode, Not LLM Bots
"I’ve received an email letting me know that there is a potential for data loss."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 28, 2025
IRC logs for Monday, July 28, 2025
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025