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

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
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
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
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
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
 
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
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
Independence and Software Freedom
Much work remains to be done
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
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
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
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well