Bonum Certa Men Certa

While Attacking Android/Linux With FRAND and Lawsuits Apple and Microsoft Pretend to be the Victims

Chess game



Summary: Patents and new laws are being used by Apple and Microsoft in order to marginalise Linux, as evidenced by recent news

OUR focus on patents means that we will continue naming the culprits, wherever they are. There is more to it than Apple and Microsoft, but Apple and Microsoft are the prominent culprits.



Symantec with its spurious patent lawsuits joined the list of shame and FOSDEM looked broadly at the subject. To quote a new roundup:

On a legal aspect of the Free software issue I could see the presentation of the End Software Patent organisation. They militate to exclude software from patentability, claim for the EU to stay away of the temptation to give existence to software patent via court decisions and closely follow the interpretation of the judges when they come to decide what is patentable and what is not. There were concerned about the influence of patent lawyers from software patent owners on the courts decisions for their benefit, in particular in some court assessments in the US and in the UK , which recognise software patent and justify it by the need to follow the decisions from ”others” (experts from the European Patent Office- who is no jurisdiction-, or lower courts) in order to avoid controversy… Avoid controversy. What an arbitrary criteria! A higher court basically says: ”I decided this because others decided it so”. This seems to be a kind of negation of the independence and impartiality of the law. I am amazed this argumentation even appears in official case law documents. I have never seen something similar. Of course, Higher courts do sometimes follow experts and lower courts decisions but they always need to legally justify this by explaining why it was correct to do so. Then they talked about the future, possible unitary EU patent and the creation of the EU patent court. The project does not exclude software from patents and it gives substantial new legal powers to the European Patent Office, that is already delivering many software patents, see the concerns of Richrad Stallman. When End Software Patent warns against a kind of current risk of arbitrary ”expertisation” of patent law interpretation, to the benefit of software patent owners, we could be rather sceptical of the motivation behind such initiative.


There is also some new hammering [1, 2] from MPEG-LA, which is run by a patent troll. It is backed by Apple, Nokia, Microsoft, and several others. It's merely a proxy like the MPAA or RIAA. When large companies risk being sued they band together under a sort of cartel that only large players are able to join. They are pooling ammunition in there. This includes companies like Apple, which while disrespecting trademarks (like in this new example) is also promoting a monopoly on media codecs. How convenient for a company with strong ties at the 'entertainment' industry. As a side note, ABC very recently did an appalling whitewashing report for its ally Apple -- in this latest case it was revisionism over Foxconn (we won't go into it now). Here is an Apple-funded (through advertising) Web site painting Apple as a victim of patents:

The voice mail system on Apple's iPhone has once again become the target of a lawsuit from a company claiming infringement on one or more software patents.


Apple deserves this because Apple is perhaps the biggest aggressor right now when it comes to patents. It's Steve Jobs' ugly legacy. There are a lot of software patents in the news [1, 2, 3, 4, 5], but nothing compares to the embargo war Apple has launched against Android/Linux.

Google may have some patents of its own [1, 2], but Google has no history of patent aggression.

While the patent buzz persists in the news we find that, based on Pogson's interpretation, Oracle is not managing to make its patent case work against Google just yet:



The parties have now filed their joint statement on patent marking (721 [PDF;Text]), but it is hard to say they are any closer than before or that this entire exercise has substantially streamlined the issue of patent marking for trial. That's the pessimistic view. The optimistic view is that they at least agreed upon a series of conditional stipulations, i.e., if Android is found to infringe, then the specified Oracle products also practice the patent and required marking. Perhaps that is the best they can do. In any case, there are clearly differences that remain as to how the claims are to be read and applied, and those issues will only get resolved at trial.


Here is more bad news for Oracle:



The parties filed a joint update with the court regarding the pending reexaminations of the asserted Oracle patents before the U.S. Patent and Trademark Office. (722 [PDF; Text]) Not surprisingly, Oracle has taken yet another hit. This time it is on previously reexamined patent number RE 38,104.

On February 16 the USPTO issued a non-final rejection of all of the claims of the '104 patent that have been asserted by Oracle in this case. Oracle has until April 16 to file a response. Given the track record of Oracle's responses in these reexaminations, don't be surprised to see this reexamination result in a final rejection of all of the asserted claims of the '104 patent.


Oracle takes a step back. As one journalist puts it, "Oracle has removed the last claim of one of the patents it has accused Google of violating, and downsized the amount of damages it estimated from Google's alleged infringement of Oracle's Java software.

"According to Groklaw, Oracle has withdrawn its claim against US Patent No. 6,192,476. The validity of the patent was in much doubt anyway after the Patent Office issued a final rejection of 17 of the 21 claims of the '476 patent."

“The Commission would remind the Honourable Members that the Unified Patent Court is envisaged to be established by a treaty between the EU Member States.”
      --Michel Barnier, patents maximalist
Apple is meanwhile pushing for FRAND along with Microsoft. It would impede Android through pricing. To quote: "Apple is attempting to stop the use of "standards essential" patents on 3G technology as legal bludgeons against smartphone competitors. To make its case, the company has gone directly to the standards body behind 3G wireless networking, the European Telecommunications Standards Institute (ETSI). In a letter to ETSI dated last November (but only recently uncovered by the Wall Street Journal) Apple suggested that patents offered as part of wireless networking standards should be governed by standardized royalty rates and barred from being used as the basis for legal injunctions."

What this would mean is a patent fee. It is not compatible with Free software and Apple knows this. Over in Europe, the FRAND debate is very much alive right now and the unitary patent might play a role because it's a form of treaty, expanding laws in one fell swoop. "EU will not be a contracting party to this treaty," we learn from correspondence. "Consequently, the Commission does not comment," quotes the FFII' president who shows an unhelpful formal response. It says: "The Commission would remind the Honourable Members that the Unified Patent Court is envisaged to be established by a treaty between the EU Member States. The European Union will not be a contracting party to this treaty. Consequently, it would not be for the Commission to evaluate, recommend or decide on the possible candidacy of Milan for the seat of the central division of the Court of First Instance."

How convenient for them. So while Microsoft lobbyists help Microsoft and Apple push for FRAND in Europe and Don Reisinger misleads with a wrong statement in the headline ("Microsoft sues Motorola Mobility, claims FRAND abuse") we are led to believe that the Commission is not in a position to intervene. There is clearly an abuse here. After interference from the likes of Florian Müller it is not surprising that there is a FRAND push in the press, impacting Europe as well (it's part of the propaganda from Microsoft):

Microsoft is the latest tech giant to take aim at Motorola Mobility--and thus, by virtue of its $12.5 billion acquisition, Google--in a FRAND (fair, reasonable, and nondiscriminatory) patent abuse claim.

The software giant today filed a formal competition law complaint with the European Commission against Motorola, arguing that the company is not offering essential patents on fair and reasonable terms. The complaint involves patents Motorola holds related to Web video and the way in which certain devices, like Windows PCs and the Xbox, access and play it.


The hypocrisy here is astounding. Essentially, the gangster calls its victim "rogue" in an attempt to justice its own abuse. As one good analysis puts it:

'The crow calling the kettle black!' as someone wrote in the comment section of the blog post of Microsoft where the company wrote about filing a competition law complaint with the European Commission (EC) against Motorola Mobility and Google.

Dave Heiner, Vice President & Deputy General Counsel, Corporate Standards & Antitrust Group, Microsoft, says, "We have taken this step because Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products. Their offense? These products enable people to view videos on the Web and to connect wirelessly to the Internet using industry standards."

[...]

Nice job Microsoft when it comes to signing bogus patent deals with Android players its NDA but when an Android wants Microsoft or Apple to pay its FRAND.

Now, who should be crying foul here?


The regulators should investigate Microsoft's racketeering [1, 2, 3, 4, 5, 6, 7, 8], Google is merely the victim here. In later posts we are going to write more about Microsoft's FRAND propaganda, which is paid for. It's an ongoing lobbying/PR campaign.

Recent Techrights' Posts

XBox is Practically 'Dead Man Walking' at This Point
writings on the wall
SLAPP Censorship - Part 128 Out of 200: Making Laws Work for Britain, Not Oversensitive Americans Looking for 'Revenge' by Lawfare
The SLAPPs are intended to protect corporations (employers like Microsoft)
 
Gemini Links 05/07/2026: Eye of the Beholder and Baldur’s Gate 3 and Alhena 5.6.5
Links for the day
GNU/Linux Market Share is Already High
GNU/Linux has fast become and is still becoming mainstream in recent years
The 9-Step IBM Algorithm: Gaming Wall Street While Shedding Off Staff and Bribing the Mainstream Media to Play Along
Any time IBM preaches manners (e.g. CoC) to the community remember that IBM works closely with and flatters the dictator
They Could Never Kill the Ideas of Richard Stallman (RMS), But They Are Still Trying
Killing an idea is harder than killing a person and killing a person is illegal
Only Germany Objected to Salary Adjustment (Reduction) Procedure of "Team Campinos"
"flash report on the Administrative Council of 30 June and 1 July 2026"
A "Never Slop" Policy in Quibble
"every change in the repository must be made by a human"
Series on GNU/Linux in Japan
This series can last a week or longer
75% of All the Patents Last Year Were Software
The corporate media has more or less ceased to discuss this matter
At Microsoft "the Morale of Developers is at an All-time Low"
Numerous reports today say that after at least 5 studios got marked for shutdown (mothballing) by Microsoft there are rumours about Obsidian as well
Links 05/07/2026: Data Breaches, Heat Waves, and Weinstein Rape Conviction Upheld
Links for the day
Confidentiality at Risk With Slop 'Coding'
People who continue to cheer for slop aren't just misguided fanbis and fangurls
False Narratives of Slop "Efficiency" as Debt Climbs
false stories about slop
July 8 as "D-Day" for Microsoft, Mass Layoffs Planned
Microsoft's grip on the market has slipped for a long time
GNU/Linux Leaps to 6% in Thailand
Can we expect 10% by year's end?
EC Looking for Input on Digital Networks Act Until Next Month
New initiative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day
BRICS and Windows: All-Time Lows
Expect many more Microsoft layoffs in years to come
Do No Evil, Do Not DDoS
Sites that attract DDoS attacks because of their message are sites that are difficult to debunk or debate
France is Winning the Race Against Windows
France instructs, then orders, government agencies to adopt GNU/Linux
Not 2.5% and Not 2.5 Billion Dollars for "Hey Hi"; 2 Waves of Microsoft Layoffs Rumoured This Month, July 8th, Then July 22nd (Just Before 'Results')
People there join unions, knowing they will be terminated silently or otherwise
Microsoft Double Trouble With Slop
What does Microsoft even sell at this point?
Based on US Government Sites, GNU/Linux Has Reached About 8% "Market Share" in Desktops/Laptops
Culled to exclude mobile platforms, GNU/Linux would likely be above 8%
TheLayoff.com is Deleting Comments About IBM Offshoring
Meanwhile, rage-baiting Internet trolls and sometimes trolls who paste in LLM slop are immune from censorship
American Independence Needs Independent Media
The American regime's hostility towards media is an international problem
Techrights Was Always a Community Platform
Techrights is about whistleblowers
Phenomenal Growth for GNU/Linux in Afghanistan
This is impressive because for many years it was registered at near 0%
Daniel Pocock Pursuing Complaint in the United States Against Software in the Public Interest (SPI) et al
It seems like the only people who don't support him are those whom he criticises
Gemini Links 04/07/2026: Busy Squirrel, Independence Day Celebrations, PalmOS Programming
Links for the day
Canonical/Ubuntu is Breaking CP (cp) to Help Microsoft Turn Coreutils Into Proprietary Software for Windows
What we could do reliably in the 1970s (before GNU) we cannot do in 2026?
Brett Wilson LLP is Downsizing, Apparently Closing Down the Oversized and Overpriced Office
Address changed 13 hours ago
Free Software Has No Kings or CEOs
The kingdom is a cross-border phenomenon, so national flags and other such symbolism overlook the core problem [...] Free Software can help lead us out of the current imbalances
The United States Lost Freedom of Speech
independence refers to a condition, not an activity
IBM Replacing the People Who Built IBM With Cheaper and Younger Staff, According to IBM Insiders
This is a very common sentiment in IBM
For USA 250 Microsoft is Messing With Our Minds (2.50%) to Distract From Mass Layoffs
The slopfarms contribute to this noise
"Defective by Design" Turns 20
DBD is still as relevant as ever (probably more relevant than ever before)
A Bicycle for the Feeble Mind, or How Computers Got Worse for Productivity (Intentionally)
Many of us still adopt and champion the "workstation" mentality
Links 04/07/2026: Microsoft Tax Haven (Evasion) Tactics, Tobacco Bans, and More
Links for the day
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
Independence and Software Freedom
Much work remains to be done
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day