Bonum Certa Men Certa

Android/Linux FUD is Calming Down, Microsoft Sympathisers Fantasise About Patents as Cash Cow

Free



Summary: An analysis by reference, occurring shortly after the major news regarding Nortel's patents and Oracle's latest setback

ANOTHER day goes by and the level of patent FUD has decreased somewhat, which is good news. Tom Krazit wrote this article which we missed some days ago. He suggests for Google "Plan B—It’s perhaps a bit of a stretch to call this a “plan,” but Google is essentially throwing open its arms to the intellectual property community, willing to listen to just about anyone with mobile patents for sale or rent. It’s going to have to get patent coverage somehow, and it doesn’t seem to care if that’s through one-off deals with small companies, large acquisitions, or even patent licensing deals with its foes. It’s also hoping that federal regulators change the terms of the deal while they review it, similar to how a patent sale involving Novell was altered by the Department of Justice following complaints, and has a pipe dream that Congress may stop playing chicken with the debt ceiling and embrace real patent reform.



"Those who really pay for Nortel's patent is all of us.""This is a crucial summer for Android. It rose to prominence as the anti-iPhone, but has managed to unite Apple, Microsoft, and Research in Motion in a consortium of competitors who are trying to hit Google in its most vulnerable spot."

It's not a great piece at all, but it does get across the point about anti-competitive aspects.

Those who really pay for Nortel's patent is all of us. It's just a major tax on everything, as explained here:

The real losers here were us consumers who will pay more for things produced under the patents. We will also see less inter-company competition and less innovation. This further cements the already long standing position of the incumbents, which will also restrict innovation.

Still think patents promote innovation?


Compare that to shamelss Microsoft boosters like Ina Fried who say things like "Microsoft Could Make More From Android Licensing Than From Software" (other Microsoft boosters go with the same talking point these days). To quote an accurate observation: "This past week, Microsoft announced four deals with smaller Android device makers Onkyo, Wistron, Velocity Micro and General Dynamics Itronix.

"There are some differences between the current approach with Android and the one Microsoft took vis-à-vis Linux. With Linux, Microsoft generally avoided going the litigation route.”
      --Ina Fried
"There are some differences between the current approach with Android and the one Microsoft took vis-à-vis Linux. With Linux, Microsoft generally avoided going the litigation route. It wasn’t until years after it started licensing Linux that it filed its first suit involving Linux-related claims — a suit against GPS maker TomTom that was quickly settled."

Yes, this is quite true, but Fried played along with Microsoft for several years in CNET, giving a platform to Microsoft's patent racketeers and justifying these abusive actions. Fried should be utterly ashamed of it.

Companies like Novell were giving up without a fight or in Novell's particular case actually approaching Microsoft for a deal. So in some sense, Fried's quoted observation is correct. Based on reports we accumulated, Melco -- not HTC -- was probably the first company to cave at gunpoint. It is hard to tell for sure, however, due to NDAs.

Microsoft is not the only company in a position of offence against Android and we recognise that Oracle too needs to be watched. Based on more information from Groklaw, Google is doing quite alright trashing Oracle's patents and Pogson adds:

If Google’s motion to include the new defences is accepted, Oracle’s case grows some huge holes a jury will be hard pressed to ignore. If Google’s motion is denied, Google will have excellent grounds to appeal a negative decision. There is no indication here that Google will take the easy way out and settle. There is indication that software patents will have another nail in their coffin. Google has the resources to find prior art and are experts at search.

The ’702 patent is about virtual machines, something IBM has been working with since the 1960s to divide up the resources of the System 360 mainframe. I remember that machine with its walk-in compartments and blinking incandescent lights. This all predated UCSD p system and Java by many years. IBM currently uses that history to sell its virtual solutions to customers. I am sure the judge will enjoy the reading. I am sure a fair judge will want the whole story to be told in court.


Here is one new report on the subject (from a trusted source). It says that the USPTO "has provisionally rejected, partially or in full, five of the seven Java patents over whose alleged infringement Oracle has taken Google to court. However, Oracle has refused to accept this rejection. In a response to the USPTO, the software vendor explains why it thinks that the reference to "prior art" does not apply."

Apple and Oracle are connected through their CEOs, Ellison and Jobs. We wrote a lot about this.

"One Finger OK, But Only Steve Jobs Can Use Two," reads this headline

Roughly speaking, Apple seems to be claiming that if you use more than one finger to do something on a touchscreen, you're infringing on their intellectual property.


Apple will probably try to use such patents against Android tablets. For shame.

Comments

Recent Techrights' Posts

IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
 
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day