Bonum Certa Men Certa

How Apple Attacked (and Marginalised) the Linux-powered WebOS

Palm Pre with WebOS and Palm OS

Summary: Professor Michael Risch talks about WebOS, responds to our criticism

There is a fascinating story about WebOS, the operating system built on Linux and optimised to work well on the Web, using some portable framework that is Web-compatible (a growing trend in SDKs). Apple's devices are poor at Web browsing, so WebOS (now open source as we hoped but unfortunately patents-encumbered) and some platforms like Android, which now has Chrome, have had a huge potential for growth, mostly at Apple's and Nokia's expense. Android is well ahead of Apple in technical terms and "Samsung [is] Innovating Faster Than Apple" claims a minister. So anyway, after Apple threatened Palm with lawsuits [1, 2] we find out in Risch's rant about the already-controversial SHIELD act that WebOS was derailed by Apple:



Consider Palm, which developed WebOS, and made stuff. Consider HP, which has spent billions of dollars in research and development. HP bought Palm, and made WebOS tablets. For various reasons, maybe in part due to patent claims from other tablet makers like Apple, HP decides to stop selling WebOS tablets. HP then decides to enforce Palm’s patents. Mind you, HP didn’t just buy the patents, it bought the company. And then it made stuff, it researched, it developed, and it has even licensed WebOS out to LG try to resurrect it for televisions. Is HP a troll now? It falls under the text of this act. I think that just cannot be right, and yet there it is, in black and white.


Pamela Jones wrote: "Apple did that? I didn't know that. If so, then I spit in their general direction. I love WebOS, and Apple needs to cut it out. It can't be the only tablet maker in the universe. The more they sue and threaten, the more determined I am never to buy anything from them again."

Wired had Risch (prominent in the debate over patent trolls) as a guest in a debate full of lawyers whose opinions omit the obvious solution (here is another recent example) and after our criticism of his suggestions he wrote to me to say: "Thanks for reading, even if you don't agree. I'm glad to hear that I'm even slightly controversial, as I usually see myself as plain vanilla.

"I outside us was a bit surprised by your characterization of the op-ed, though. For one thing, I quote Stallman's editorial. For another, my very first suggestion was: " More patents should be rejected, and especially weak software patents. Limiting these should continue regardless of who - troll or product company - owns those patents." I realize that this doesn't go far enough for those who would abolish software patents, but it's hardly a defense. Indeed, at least one person shared this sentiment as the takeaway from the op-ed on twitter. I actually had a lot more written about software patents, but they limited me to 1100 words, so anything not core to the primary argument got slashed - so it goes."

I replied by saying that "I do believe that we need to end software patents as a whole."

"I hear you," he said, "I know a lot a people feel that way. Even though I disagree, at least that would be owner neutral!"

That's why it's a debate. Every debate has some factions on each side. Anup Malani, writing this paper about patents, says: "Counter-intuitively, we propose raising the stakes of patent litigation by providing enhanced rewards to victorious patent holders and imposing enhanced penalties on owners of patents that are invalidated at trial." This is not the obvious solution, either. It evades the obvious fix which is related to scope, not legal action.

Stephen Ornes, a writer based in Nashville, Tennessee, wrote this article in the New Scientist yesterday. He opposes software patents on the ground that they are akin to patenting mathematics. To quote:

AT SOME point in their career every mathematician comes up against the question, is mathematics invented or discovered? The query makes some cranky. The answer doesn't directly affect their work, after all, and the discussion often leads nowhere useful. Spending time debating the ultimate nature of mathematics takes away from actually doing it.

Some scholars take issue with the terms themselves. In his 2008 essay Mathematical Platonism and Its Opposites, Harvard University mathematician Barry Mazur called discovery and invention "those two too-brittle words". One might be tempted to defuse the question altogether with a merger: perhaps maths involves inventing new relationships between things we have discovered.

It's a metaphysical query, a nerdy way to ask whether or not some pre-existing truths underlie our existence. Here we bump up against theology. If mathematical ideas are discovered – the Platonist position – then a proof is a real-world encounter with an immortal truth. But then where, exactly, is this ethereal pool of truths? Did prime numbers exist before the big bang?

If, on the other hand, mathematics is invented, then proofs spring from human intelligence a bit like art or law. But then why do mathematicians across time and space always agree on what's right and wrong?

The question about invention versus discovery flares up every few years, often in a different guise. The latest incarnation concerns something very down to earth: money. In this case, the discovery versus invention question has profound consequences. In fact, there may be no mathematical question with higher stakes. That's because mathematics powers the algorithms that drive computer software, and software is big business, worth over $300 billion a year to the global economy.


If we start with the hypothesis that algorithms are reducible to maths -- which they are -- then it becomes apparent that the patent system is inherently broken in the scope sense. Talking about damages in litigation is not the point. We must identify and address root causes, not symptoms.

Recent Techrights' Posts

IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
For Effective 'Finlandisation' (Digital Sovereignty) Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline