Bonum Certa Men Certa

Apple Attacks on Android (and Linux) Continue to Summon Patent Nemesis

"FSF did some anti-Apple campaigns too. Personally I worry more about Apple because they have user loyalty; Microsoft doesn't."

--Bradley M. Kuhn (SFLC)



Summary: Apple stories of shame and notable patent complaints relating to Apple litigation

THERE is improved realisation in the FOSS community that Apple is a threat and that software patents are Apple's weapon of choice against FOSS. Torvalds, a proud user of Apple hardware, calls for the end of software patents again, perhaps not realising that he surrounds himself by some of the same companies that promote these most adamantly. To quote a subscribers-only new article:

Linux operating system pioneer Linus Torvalds has called for the US to abolish software patents...


This takes some guts. Why? Well, some backers of the Linux Foundation, such as IBM and Intel, promote software patents. We covered some examples as such before.

People who denounced me for what I wrote about Steve Jobs finally tell me I was right all along because it is him who made Apple an arrogant aggressor. He thought he had invented smartphones and managed to convince some people that he had. Only yesterday I heard this nonsense said by two friends in their fifties. Suffice to say, I rebutted.

"Well, some backers of the Linux Foundation, such as IBM and Intel, promote software patents."Apple continues to collect software patents on obvious ideas that are merely old stuff "on a phone". See this one new example: "Oh Sure, Now The Patent Office Realizes Apple's 'Rubberbanding' Patent Is Both Obvious And Not New"

"We've expressed concerns in the past about the crappy job that the USPTO does in approving patents, when it's clear that, the majority of times that the USPTO is asked to go back and double check its work, it is forced to admit it was wrong. This happens quite frequently in high profile patents used in lawsuits as well. And while some judges are willing to wait for the USPTO to admit its errors, too often the courts just rush through, assuming that the patent must be perfectly valid. Given all that, it's worth noting that the USPTO has now issued a non-final rejection of all claims in Apple's infamously ridiculous "rubberbanding" patent, over the ability for a page to "bounce back" if you scroll to the edge. The key claim in the patent was rejected for failing both standards for patentability. That is, the court found it to be both obvious and not new. Of course, if they had asked anyone who knew anything about programming, they could have told you that ages ago."

Groklaw has covered this too. Apple's bounce-back patent is also on its way out (caution: article quotes/cites paid spinner Microsoft Florian). But Apple continues to patent yet more nonsense (more quickly than old nonsense is nullified) and Samsung is moving forward with more features, which actually put Android ahead of anything Apple can offer:

Its accountants may be wringing their hands, but South Korean manufacturing giant Samsung is putting on a brave public face, despite being ordered to pay $1 billion in fines to Apple for copyright infringement. Samsung is forging ahead, with its new phones packed with innovative features continuing to gobble more of the domestic market share.



Although Samsung denies it, Apple is getting ditches by Samsung Display (maybe there is only some truth to it, e.g. prospectively) and Japanese courts throw out another case, just as they did Apple's. Charles Arthur, here in the UK, provides an overview of key issues and Pamela Jones shows how evil Apple is being. To quote:

One of the exhibits Samsung has now made public tells an interesting tale. It's the slide presentation [PDF] that Apple showed Samsung when it first tried (and failed) to get Samsung to license Apple's patents prior to the start of litigation. While some of the numbers were earlier reported on when the exhibit was used at trial, the slides themselves provide more data -- specifically on the difference between what Apple wanted Samsung to pay for Windows phones and for Android phones. The slides punch huge holes in Apple's FRAND arguments. Apple and Microsoft complain to regulators about FRAND rates being excessive and oppressive at approximately $6 per unit, or 2.4%; but the Apple offer was not only at a much higher rate, it targeted Android in a way that seems deliberately designed to destroy its ability to compete in the marketplace.



Many sites including Groklaw took note of the new study on patents which impacts smartphones. Mike Masnick's site says:

There Are 250,000 Active Patents That Impact Smartphones; Representing One In Six Active Patents Today



A few years back we created a graphic to highlight the ridiculous patent thicket around smartphones. It really just highlights some, though not all, of the litigation concerning patents related to smartphones.



Groklaw speaks of samsung legal strategy here:

Samsung Has Workarounds for All 3 "Infringed" Apple Patents; and Some Testimony on the '381 Patent ~pj



Samsung has created workarounds for the three Apple patents that the jury ruled were infringed, the '381, '163 and '915 patents. The '381 patent is the one that the USPTO just tentatively rejected, due to prior art. But in any case, none of these patents are now being used by Samsung, according to a declaration [PDF] by Tim Rowden, VP of Product Management at Samsung, just filed with the court. It's in support of Samsung's opposition to Apple's motion asking for a permanent injunction. Obviously, there is nothing to block if Samsung isn't using any of the patents any more.


Amazon, one of the largest technology companies around, is among those who complain about the patent wars against Android:



It is starting to look like Amazon boss Jeff Bezos is right – patent wars are killing the tech industry.

Bezos, who famously encouraged his staff to file for controversial web patents on obvious ideas like "one click to buy", appears to have had a change of heart and is turning into an advocate for patent reform.

Now new research, seen by InfoWorld and published as a consequence of the America Invents Act, supports Bezos' worries.

The Government Accountability Office (GAO) has conducted a study on the effects of patent trolls on the economy by using figures squeezed from the Stanford IP Clearinghouse (now called Lex Machina).

Covering five-years from 2007 to 2011, the report identifies and classifies patent activities across all industries and uses a statistically significant sample to draw conclusions.


Let's wait and see if anything gets done about it. Mike Masnick argues that ending software patents would be merely the start but not the solution because hardware patents may be next. As he puts it: "There's been plenty of talk about software patents, and tons of discussions from people suggesting that perhaps the "solution" to problems with the patent system are to simply carve out software (and business method) patents, and make those unpatentable. There are plenty of reasonable arguments for why "software" should not be patentable (I tend to find the arguments that you can't patent math, and that software is really math, the most compelling). However, I'd like to argue that while software patents are a large part of the problem, focusing solely on carving out software patents does not address the real problems of the patent system -- and, in fact, could serve to paper over the real problem by solving for a "symptom" (i.e., an awful lot of "software" patent trolling cases)."

The debate about patents has shifted somewhat; some call for the end of all patents, not just software patents. Let's keep involved in this debate. Difference is definitely being made, little by little.

Comments

Recent Techrights' Posts

Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
 
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day