Bonum Certa Men Certa

Microsoft is Working to Make Android Non-Free by Extortion, Apple Works to Ban It

Setting up barriers to freedom

Gated doot



Summary: The duopoly continues its war on Android, with each side adopting a different approach

THE patent extortion by Microsoft continues because small companies give up. To quote one report about the latest, "Microsoft has announced that two more makers of Android-based devices, Coby Electronics and Aluratek, have signed on to the company's patent licensing programme. Both Coby Electronics and Aluratek make low-cost Android tablets; Aluratek makes an Android 4.0 based tablet called the Cinepad which costs between $150 and $220 and Coby Electronics makes a Android 2.3 based Kyros tablet which retails for as little as $80."

One reader sent us the link and asked, "what is going on? When will this end?"

"The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales."The matter of fact is, enough vendors remain which don't pay Microsoft even a single dime. We have a growing list of companies to avoid. Meanwhile, argues Pogson, companies start to recognise that Microsoft tax is indeed a tax that they need not really pay, not in an age of Linux domination anyway. "Expect to see competition on retails shelves with that other OS getting less shelf-space in the future," Pogson writes. "Wintel was worried about prices when a PC was ~$1K for a box and the OS cost 15% of the price. Imagine how terrified they are when the OS costs 50% or more of the price of a small cheap PC and on the same shelf a consumer is likely to see $200 and $100 prices for essentially the same hardware with the higher price covering that other OS… When prices are no longer hidden from consumers, choices will be made and M$’s share of the pie will plunge. The ultimate horror for Wintel? Seeing */Linux on all PCs everywhere in retail spaces. The house of cards will have the monopoly-card removed this fall."

Microsoft is trying to make Android/Linux non-free (non-gratis) as means of deterring manufacturers and shops from making and stocking non-Windows devices. This is not going to work though; in fact, it is already failing because Android continues to grow. The problem is that Microsoft, as an award for racketeering, is already making money from many Android sales. This sheer injustice needs to stop.

Apple in the mean time is trying to altogether embargo some Android devices. Although it has been unsuccessful in the UK, Apple continues its litigation war in continental Europe (mostly via Holland and Germany) and in the US, with the aid of ITC and USPTO.

Reuters says that US politicians assess the effects of such bans. To quote: "The Congress is considering whether companies that hold patents essential to a standard, such as a digital movie format, should be forbidden from asking that infringing products be banned from the U.S. market."

Andy Updegrove writes more on a related subject: "If you've been following the ongoing mobile operating system wars between companies like Motorola Mobility, Apple, Google and Samsung, you may recall that the biggest hammer a patent owner can wield is to prevent a competitor from selling a product. In the regular courts, this is achieved by obtaining an injunction, which is a court order that bars such sales from occurring. In this situation, the patent owner claims that it can't be adequately compensated after the fact by damages.

"Recently, a judge in the Apple case questioned software patents as a whole.""But the US courts haven't been favorable to this approach since a key Supreme Court ruling in 2006, leading companies to seek an alternate route to a similar result: a judgment by the International Trade Commission (ITC), barring the competitor from importing any product into the U.S. that infringes on the patent. If that patent is essential for implementing a standard that is, in turn, essential to performing the device's function, then you've effectively barred its competitor from being a competitor at all - at least in the U.S."

Over at Groklaw, professor Mark Webbink covers another case which can have a profound effect on patenting in the US. "In a split decision of a three-judge panel of the Federal Circuit in CLS Bank International and CLS Services Ltd v. Alice Corporation Pty. Ltd.," he writes, "the Court once again established that it has no clue what is or is not patentable subject matter. (CLS [PDF; Text]). The majority opinion written by Judge Linn again returns to the favored theory of the diehards on the Federal Circuit that almost anything involving a computer is patentable. The dissent, provided by Judge Prost, criticizes the majority for, for all intents and purposes, ignoring the recent rulings of the U.S. Supreme Court, and in particular the Prometheus decision."

Recently, a judge in the Apple case questioned software patents as a whole. At the moment, the best we can do it impede the spreading of software patents -- a subject we'll cover in a later post about Europe.

Comments

Recent Techrights' Posts

Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
 
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026