Bonum Certa Men Certa

American Duopoly (Apple and Microsoft) Fights Korea With Patents

Seoul besieged again

Seoul Plaza



Summary: A look at Apple's and Microsoft's relationship with Samsung (one of the two major Korean companies in this area) and what we can learn from it

SAMSUNG is a hardware giant located at a nation that thrives in production of goods. Samsung is about an order of magnitude larger than Apple, at least in terms of workforce. Not so long ago Samsung surpassed Apple in terms of certain sales and became the largest distributors of Android (even if taxed by Microsoft), amongst other things. It painted a large target on Samsung's behind, so Microsoft wanted more "royalties" and Apple sought embargoes one country at a time (fortunately there is no global patent system, at least not yet). The strategy has not been particularly useful to Apple; ever since it started suing Android companies using patents (starting with HTC) there has been a great deal of blowback, even from US-based carriers. Apple started alienating too many existing and potential partners, which would be harmful in the long term. At the end of last month we saw Apple taking a small step back (withdrawing patent claims) and now it is complaining about Samsung's patents. Apple got a little scared and removed patent allegations, so now it seems to be more afraid of Samsung's own patents. Just remember who started all this confrontation. Apple started it, whereupon pundits said that Apple must have been out of its mind. Some days ago it was reported that Apple significantly reduced its iPad orders; maybe Samsung just won't help make these. By suing its own producers, Apple made a foolish decision. Microsoft took a different approach with its longtime partner Samsung and to cite Muktware, it did not try to get ridiculous trademarks or manufacture fake 'evidence' to block Samsung's products. Instead Microsoft tried turning Android/Samsung devices into its own. Here is an article to be aware of:



Apple has been misuing its deep pockets and abusing the legal system to weaken competition. There is good news for competitors, the USPTO has rejected Apple's trademark claims over 'multi-touch'. Apple applied for the trademark in 2007 when it launched its iPhone. The USPTO rejected the trademark on the basis that the term is too generic or broad. Apple also holds a trademark on AppStore, a term used for app stores. There is an ongoing legal battle between Apple and Amazon over the use of this genetic term.


Apple is not much of a producing company. It's a design, marketing, and branding company. This is why it tries so hard to restrict use of vocabulary, product appearance, etc. Apple even hired Viagra experts for this task. The manufacturers of "Apple"-branded products could just do it equally well themselves, a lot more economically too.

"The scenario makes is rather obvious that software patents are a major danger to coders."Then there is Microsoft, which used to be a monopoly expert (removing choice from the market by crime and underhanded tactics) and has recently become more of a patents aggressor because people fought for choice (more on that in an earlier post). Microsoft is still trying to figure out how to make a profit from other people's work and in the process it resorts to racketeering, collusion, secret deals, and old partners like Samsung (interesting take), which are all just a convenient way to get around having to face Google. This whole situation is fascinating because, assuming Microsoft can turn patents into its major cash cow, the market for software development will just die a little more. It will become a market of patents, just as Microsoft's patent troll once envisioned it. Rather than write software (code) people will write words and then extort everyone who writes code implementing an abstract description of it. The scenario makes is rather obvious that software patents are a major danger to coders.

In a truly bizarre article whose headline resembles old propaganda for software patents ("Software Developers Must Be Properly Rewarded") the case is being made based on the Samsung-Microsoft 'deal'. If this illustrated anything at all, it is that software patents have absolutely zero value to Korea. It is only secret trade agreements that can somehow make Korea fall on its sword and fall for software patents.

Samsung is now paying Microsoft for something it never made, not even in code, passing the cost to customers, who will in turn reward Microsoft rather than Google. How does that encourage software development? The developers are not being paid.

To use the words of one blogger:

Microsoft has a large advantage in its quest to go after and collect royalties from those that it deems necessary as a direct threat. Microsoft has risen up with full force against Android, just after Windows Phone 7 started to appear. Coincidence? I don't think so. Most recently it was announced that Microsoft had an "agreement" with Samsung, yet another manufacturer of Android devices. This agreement? It's been rumoured that Samsung will need to pay close to $5 to Microsoft for each Android phone manufactured and sold. And so this is one side of the blade that Microsoft is swinging all around. Microsoft is using its vast array of patents to frighten phone manufacturers into paying royalties, in order to avoid being sued. Ingenious? Yes, because there's another side of the blade that didn't occur to me until recently. Samsung, being a manufacturer of Android devices, could manufacture devices for other operating systems as well, including Windows. Why not? If Microsoft is going to charge Samsung a set fee for each Android phone, yet allow Samsung to manufacture and sell Windows phones with no fees, what incentive would there be for Samsung to continue manufacturing Android devices? Not too many at the rate things are going. The only thing keeping Samsung interested in Android is the market demand for devices that run the Android OS. So Microsoft has two sides to their blade, they swing it to either side and they win. And Google? They seem to be defenseless at the moment while vendors of its software are being bullied by Microsoft.


This is an observation we made over 4 years ago, just after the signing of the Novell deal. The patent deal between Samsung and Microsoft is also over 4 years ago. This is helping non-practising 'industries', making developers devalued while "Increas[ing] in demand for Trained Patent Professionals" as this new article puts it:

In India, software is protected under the Copyright Act and not the Patent Act (as in many western countries). However, Indian IT companies have filed patent applications for their software in other parts of the world and these companies continue to seek non-software patents in India. Many of them have also filed business method patents in U.S. As Indian IT companies restructure their operations for high value service offerings, they are focused on innovation and intellectual property generation and protection in India and abroad.


The passage of jobs from engineers to lawyers (who serve a protectionist agenda) is a sad reminder of a society where the rich get richer and smart, honest people get thrown aside. The rise of terms like "Intellectual Property" in the news tells us that there is a strong push to indoctrinate the public all across the world to "respect IP". Cablegate is full of examples that demonstrate it (we shall dive into more of that later this year).

Comments

Recent Techrights' Posts

EPO President to Meet the Union, But He Needs to Resign
Colleagues or workers of the EPO have only just been told that the boyfriend of the sister of "Cocaine Communication Manager" will be talking to the union (SUEPO) tomorrow mornin
SLAPP Censorship - Part 54 Out of 200: Alex-Matt/Automate Twin Cases, Separated at Birth, Drafted by Brett Wilson LLP and 5RB
Perhaps their solicitor K.C. (not the legal title) sought actual redemption and followed the Cross, not the dagger
When Peak Oil Isn't Just "Alarmist Propaganda"
the current conditions favour less consumption
'Nuclear Winter' at Microsoft This Summer?
At Microsoft so far this year there have been many layoffs, but the company tries to keep them secret
EPO Cocainegate Escalates - Part IV - António Campinos Allegedly Sleeping With Sister of "Cocaine Communication Manager" Luis Berenguer to Secure Third Mandate
Based on our understanding, "the f---ing president" Campinos - to quote rather than merely paraphrase his description of himself - is dating Ana Berenguer, sister of "Cocaine Communication Manager" (Luis Berenguer) and daughter of another Luis Berenguer, a friend of the late Jorge Campinos (António's father)
Clownflare (Cloudflare) and the 'Ecosystem' It Wants to Replace
Vercel & Next.JS Hacked - Nothing New to Report
 
What Could Run the World Instead of "Linux"
Had it not been for GNU (the software, the licence, the compiler GCC), we'd probably not have Linux and perhaps BSD would be more widespread (no copyleft, so expect proprietary derivatives)
IBM's Shares Have Just Collapsed Again as a Result of the Phony 'Results'
Of course all the so-called news is shallow parroting of IBM or "churnalism" void of real analysis
Gemini Links 22/04/2026: Movies, Vim, and Bash
Links for the day
International Business Machines Corporation: Paying Peanuts, Getting Monkeys
they don't pay enough to retain key people
No, Finding Security Bugs Takes Time and Care (Human Touch, Real Grasp of Real Code)
This too shall pass
Move to GNU/Linux, Save This Planet
If you are an environmentalist, it's hard to justify still using stuff from Apple or Microsoft
Combatting Racist Abuse
Take racism seriously
They've Failed to Ruin Our Community, But They Still Try
The cost of liberty is not zero. The cost of it can be supremely high.
IBM "Results" as a Smokescreen to Distract From Mass Layoffs at IBM Every Month in 2026
How can we as a society function if we do not get properly informed and educated about what goes on around us?
Links 22/04/2026: LLM Slop "Damaging Users’ Cognitive Abilities", UK-based Publishers Urge CMA to Curb Slop-Wielding Plagiarists Like GAFAM
Links for the day
Today, or Tonight, Look for What IBM is Hiding, Not What It's Telling Shareholders
It shapes the narrative while cooking the books
Brett Wilson LLP Working for Racists and Losing (at the Same Time It Works for Men Who Assault Women in America)
Brett Wilson LLP is basically attacking whistleblowers
The Corrupt Lecture the Non-Corrupt - Part IV - Demanding Respect From Those You Are Attacking and Robbing
"literature" aimed at staff looks increasingly comical, hypocritical, one might say inappropriate
What It Will Take for More Nations in Europe to Move Fully to GNU/Linux
It would be false to say that France is hostile towards the US
Gemini Links 22/04/2026: Voyage into Cheapness, Heat and Pressure in a Contained Ideal Gas, Tidepools
Links for the day
Links 22/04/2026: YouTube Deletes Channels to Promote US Hegemony, "Kash Patel’s Defamation Suit Against The Atlantic Is Designed To Generate Headlines, Not Win In Court"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 21, 2026
IRC logs for Tuesday, April 21, 2026
Gemini Links 21/04/2026: Drinking, Gardening, and Politics
Links for the day
SLAPP Censorship - Part 53 Out of 200: The Lying Solicitor of Alex Graveley Left Brett Wilson LLP Only Days or Few Weeks After the Garrett Trial (Attended by Almost Their Entire Office/Team)
They kept trying to get us to settle
Financial Misery: The Failures of the Solicitors Regulation Authority (SRA) to Regulate Have Cost Many Thousands of Brits Over 50 Million Dollars (Stolen, Embezzled, Defrauded)
There's plenty of revolving doors-like activity
There Are Still Many Debian Developers (Alternative to IBM)
Some Debian Developers are on Microsoft's payroll
Sense of Panic at Microsoft, the Slop (for "Entertainment") in Windows is Backfiring
We'll probably find out soon
The Register MS Has Just Published Another SPAM 'Article' for Slop Grifters. It Says "AI" 33 Times!
The Register MS is not a good publisher
Apple's Last Leader Died After He Had Been Sacked by Apple
Cult-like worship leads to dictatorships, not redemption from dictatorships
Microsoft Lunduke Never Liked Free Speech
Microsoft Lunduke does not speak truth to power. He farts words to 4Chan "bros"
"Linux" Sites That Knock Themselves Out by 'Pivoting' to LLM Slop
People don't need like 100 "Linux" sites to follow, only a handful that they can truly trust
The European Patent Office (EPO) Needs More Scrutiny, Contact Your Officials Tonight or Tomorrow
The European Patent Office (EPO) or the European Patent Organisation (also EPO) are disgracing Europe and the European Union (EU)
Slop in "AI" Clothing is Such a Miserable Failure That IBM is Allegedly Firing Entire Teams That Do Slop (the Media Didn't Report This; It Said the Opposite!)
Gaslighting, lying media that engages in deceit will not outlast this bubble
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lost of slop layoffs. Be ready. It's a bubble.
The Corrupt Lecture the Non-Corrupt - Part III - "Ethics" Explained by Unethical People, Lots of Buzzwords Included
Imagine being the person (or PR agency) that wrote this with a straight face, possibly commissioned by some frequent cocaine user who runs the Office
Gemini Links 21/04/2026: Dystemia, Protocol Group Chat Gone Wrong, and More
Links for the day
Links 21/04/2026: Drunken Kash Patel Sues The Atlantic for Reporting, California Accuses Amazon of Price-Fixing
Links for the day
EPO Cocainegate Escalates - Part III - Connected Families - The Cocaine User Luis Berenguer and António Campinos
not just bromance between Luis and António
FOSS Linux (fosslinux.com) Has Become a Slopfarm
Slopfarming is the last incarnation of sites that die or are dead
Gemini Links 21/04/2026: NeoVim, GeminiMDB, and Another New Gemini Client (Called Titan II)
Links for the day
Links 21/04/2026: Internet Shutdowns, Bluesky Crippled by DDoS Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 20, 2026
IRC logs for Monday, April 20, 2026
3,400 Gemini Capsules Accessible and Known to Lupa, A Geminispace Crawler
We're about to exceed 3,400 some time soon
When and Why I Quit Writing "Classical" GNU/Linux Advocacy Articles
I'd love to write more about why GNU/Linux is great [...] We always try to cover unique issues and break stories (exclusives)
IBM Had Mass Layoffs Every Month This Year (Including at HashiCorp, Confluent, and Red Hat), 'Results' Due in 2 Days' Time
IBM's "media partners" seem to be engaging (propaganda and puff piece) ahead of the serenade to Wall Street
Dr. Andy Farnell on Privacy Failings and Shallow Media Coverage
Bad media paves the way for failed societies
Gemini Links 20/04/2026: Fahrenheit 451, Small Web Advocacy, and Offgrid Holdout
Links for the day
Debian Has a New Project Leader (DPL)
We plan to upgrade Debian some time this month
This Morning The Register MS Published SPAM With "AI" 36 Times in It. This is What The Register MS is Paid to Publish.
It's selling out to Ponzi schemers
Links 20/04/2026: Chatbots Motivate Manslaughter, GAFAM’s ‘Tobacco Moment’
Links for the day
Throwing Rocks in Houses of Glass
Lots of "virtue-signalling" against ICE
The Corrupt Lecture the Non-Corrupt - Part II - It's About Politics, Not Science
Tomorrow we'll discuss what the cocaine proponents (or apologists) deem to be "ethics"
SLAPP Censorship - Part 52 Out of 200: Phil Golding Appointed Bar Standards Board (BSB) Chief, Misogyny Must End
How many rules will they "bend" or even breach?
Links 20/04/2026: Brave Origin Nightly, Scuttling USAID Gives 'Soft Power' to China, and White House Gives Money to Russia (Through Oil Sales)
Links for the day
EPO Cocainegate Escalates - Part II - "Cocaine Communication Manager" Luis Berenguer is Back Without Punishment
Latest on Luis Berenguer
Gemini Links 20/04/2026: "I Hate Computers" and "Why I de-Googled"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 19, 2026
IRC logs for Sunday, April 19, 2026