Bonum Certa Men Certa

Bogus Patents as the Last Resort

Ballmer sweats



Summary: Competition crimes/violations from Apple and Microsoft in particular but also in general, exploiting the broken patent system in the United States

IN MONTHS or years to come we are likely to cover Apple's and Microsoft's patent attacks on Linux. It's really that old guard and a case of last resort in action. Apple and Microsoft have reached the point of actually collaborating (or colluding) in their fight against Linux/Android. They use some bogus patents, embargo based on fake evidence, extortion, and patent trolls.



Windsor apples No fruit, just lawsuits!



Apple fan sites, in their usual way, spin Apple as a "victim" by saying that "Apple [got] Sued by a Third Party using Powerful Patents from Palm & 3Com". To quote this fan site would be unwise, but it's just something to be aware of. The reality is, Apple has been threatening several Linux-based platforms over the years, always using patents. It also threatened Palm. So who is Apple to claim to be a victim of Palm patents? How silly do these fan sites have to be? The patents in questions are worse than a joke; they are an insult to the USPTO and a real harm to everyone who buys electronic products. Apple and Microsoft just generally cannot compete fairly, so as Google puts it (paraphrased) "when Microsoft’s products fail, it wields patents". The same goes for Apple, whose sales are falling behind those of several Android backers, even in isolation.

The problem with patents is widely understood. A OECD study says the quality of patent filings has fallen dramatically. To quote:

The quality of patent filings has fallen dramatically over the past two decades. The rush to protect even minor improvements in products or services is overburdening patent offices. This slows the time to market for true innovations and reduces the potential for breakthrough inventions, according to a new OECD report.


In other news of more minor relevance, things are not so rosy in India, either:

Reference to the name Upaid instantly reminds one of January 2009, the Satyam shock and class-action suits. The dispute between the two ended up with a tax issue, which was referred to the Authority for Advance Rulings (AAR). Among withholding tax issues, the AAR recently ruled on “hidden royalties”. Upaid was in the business of designing and developing software technology relating to payment-processing platforms and services. It conceived of an intelligent processing platform for which it outsourced the software development to Satyam. After all the agreements were done and dusted, two products — Call Manager and Net Manager — were developed. Patents were approved.

Two employees of Satyam also produced declarations that they had developed the patents which were assigned to Upaid, who turned out to be bad paymasters, forcing Satyam to acquire 22.06 per cent of its equity and offset its receivables. Disputes resulted in the termination of all agreements, with Upaid getting the intellectual-property (IP) rights and Satyam discontinuing software development.


Notice the terrible language in this article, not just "intellectual property" but also "develop patent". How on Earth does one develop a piece of paper with ink on it? This whole system seem to have become somewhat rotten, especially when nothing physical is produced (e.g. in the software industry), which implies natural abundance.

Dr. Glyn Moody has this good new analysts of the antitrust violations of Microsoft as well as those mafia-like tactics which we wrote about before (that make it racketeering too). To quote:

Why Barnes & Noble is an Open Source Superstar



As I've noted many times, one of the biggest threats hanging over open source is patents, because of the way trivial but indispensable software techniques have been patented in some jurisdictions (mostly the US). Things are made worse by the fact that vague threats can be made in this area, for example this famous assertion in 2007:

Microsoft General Counsel Brad Smith and licensing chief Horacio Gutierrez sat down with Fortune recently to map out their strategy for getting FOSS users to pay royalties. Revealing the precise figure for the first time, they state that FOSS infringes on no fewer than 235 Microsoft patents.

It's striking that Microsoft has never said exactly which patents it thinks free software infringes upon, although not surprising. If it did, it would be possible to see whether there were any likely infringement and, more damagingly for Microsoft, to look for prior art or other grounds for those patents to be revoked. By keeping everything as vague accusations, Microsoft gets the best of both worlds: it is able to imply that free software is in big trouble, but without running the risk of being proved a paper tiger.

That's what makes Barnes & Noble's principled stand against Microsoft's patent bullying so important. As PJ writes on Groklaw:

Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft's patent campaign tactics against Android in lurid detail.

It reveals the assertion of "trivial" and "invalid" patents against Barnes & Noble and some shocking details about an "oppressive" license agreement that would have controlled hardware and software design features that Microsoft presented, thus limiting to what degree Barnes & Noble could offer upgrades and improved features to its customers if it had signed it, features it says none of Microsoft's patents cover. Microsoft worked so hard to keep it all secret, and I think you'll see why. It's ugly behind that curtain.

[...]

However, the Barnes & Noble filing goes further than simply listing these patents: it also provides detailed information about prior art or other reasons why they are all invalid. But even if they were valid, they are pathetic in the extreme. That Microsoft is using such flimsy weapons against Barnes & Noble exposes how its whole approach is a sham. It is obviously hoping that the sheer effort and expense of fighting them in a long-drawn out court process will persuade manufacturers simply to roll over and license them as the easier option. And indeed, that has worked with companies like HTC and Samsung signing up, to their eternal shame.

Barnes & Noble, by contrast, emerges with considerable honour here, since it refused to buckle, and as a result is able to provide us with the first real glimpse into Microsoft's new strategy as a patent troll following the continuing failure of Windows Mobile in the market. And that is a key factor, as Barnes & Noble points out in its submission to the FTC (also on Groklaw), where it calls for a full anti-trust investigation into Microsoft's behaviour


The rest is worth reading. We are working on a petition to have Microsoft executives prosecuted for these acts. Rich powerful people never/rarely get prosecuted because of the bias of the system, but at least it makes a loud statement about the lack of justice. This raises awareness.

Comments

Recent Techrights' Posts

Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
 
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026