Bonum Certa Men Certa

Large Firms Which Are Becoming Troll-Like Threaten Linux, Try to Embargo Imports

Software patents strike again

"Belief is no substitute for arithmetic."

--Henry Spencer



Summary: Legal battles which primarily involve Android (and by extension Linux) are noted by the media this week because there is a request for bans (injunction)

THERE is a growing trend in downturn economies because infinite growth is impossible and monopolists strive to make up for losses by overstepping new boundaries. Companies that once produced awesome products have nothing left but patents, so they resort to patent shakedowns and try to claw in other companies' revenue. Watch how, amid massive layoffs, IBM is attacking legitimate companies using software patents these days, earning itself labels like "the World's Biggest Patent Troll". IBM's victim said: “IBM, a relic of once-great 20th century technology firms, has now resorted to usurping the intellectual property of companies born this millennium.” Can anyone trust IBM with OIN anymore? IBM is not a credible ally, it's a cornered animal afraid of not employing like half a million people anymore. 'Poor' IBM...



Not only companies which pretend to be all about Linux do this. One such company is Creative, which we wrote about the other day. As one new article put it, "Creative rises from the dead to try and destroy Android" and to quote:

Do you remember Creative? In the early 2000s, the company had a brief period of being cool, as its Zen MP3 players were the anti-establishment alternative to the iPod. These days, the Singapore-based company mostly makes gaming headsets and computer speakers — nothing to do with smartphones, in other words. But thanks to a complaint filed against every big Android phone manufacturer, Creative has quietly declared war on Android.

The complaint is filed against a who’s-who of Android smartphones: Samsung, LG, HTC, BlackBerry, Sony, ZTE, Lenovo and Motorola. The issue at hand is music players: all the phones have ’em, and Creative has a patent it thinks is being infringed on. Specifically, all the phones are capable of “playing stored media files selected by a user from a hierarchical display.”


Android Police wrote that "Creative Wants To Ban Most Android Phones From US Over Alleged Patent Infringement" and to quote some paragraphs:

Creative is not a name you hear as often in consumer electronics these days. The Singapore-based firm is known for making audio products, including the Zen line of media players. Creative has filed a complaint with the US International Trade Commission (ITC) alleging that basically every maker of Android phones is infringing its Zen patents by displaying your music. It wants them all banned, but what it really wants is money.

The complaint targets ZTE, Sony, Samsung, LG, Lenovo, Motorola, HTC, and BlackBerry. At issue is how everyone shows you songs and albums in a hierarchical menu system, which Creative says it invented. It went after Apple for the same thing a decade ago and eventually got a $100 million settlement. If the ITC agrees with Creative, it could lead to a ban on infringing devices, which would be a lot of phones.


Now, remember Microsoft, a partner of Creative? There is definitely no patent ceasefire as publicly claimed some months ago. Google's stake in Motorola's mobile business in mind, see this new report which shows that Microsoft is still attacking Linux/Android with software patents (while claiming to "love Linux). To quote Reuters (short report): "Microsoft Corp's patent on a way to show that a web browser is still loading content is not invalid, a U.S. appeals court said on Tuesday in the face of a challenge by Motorola Mobility and Google Inc.

"A three-judge panel of the U.S. Court of Appeals for the Federal Circuit found in favor of Microsoft and its Klarquist Sparkman attorneys, affirming a ruling by the U.S. Patent and Trademark Office that refused to cancel a key part of the patent. The panel did not give reasons for its decision, which came just two days after oral arguments in the case."

So Microsoft is still going after Motorola Mobility and Google (i.e. Android) and it says it "loves Linux". Makes sense, right? Injunctions were sought not only by Creative (resorting to the ITC as Microsoft did nearby a decade ago in order to block an east Asian rival); it's probably just growing strategy in America, judging by these new articles authored by law firms from Canada and Brazil [1, 2] to be pinned at IAM earlier this week.

"ITC to investigate Samsung and Sony over patent claims" says another new headline. Who benefits from this? To quote:

The US International Trade Commission (ITC) has said it will launch an investigation into smartphone makers including Sony, Samsung, ZTE and LG over alleged patent infringement.

In a statement on its website, the ITC said its investigation would centre on “portable electronic devices with the capability of playing stored media files”.

Lenovo, Motorola, HTC and BlackBerry will also be targeted in the investigation.

The section 337 investigation is based on a complaint filed by Singapore-based Creative Technology and Creative Labs, based in Milpitas, California, in March.


Creative used to be OK in the 1990s, but it's now notorious for its poor treatment of Linux (there are Microsoft and Intel connections). In addition to this controversial move from Creative we have also just learned about Ericsson's own patent troll that is still active in the UK and will apparently stay in the UK Patents Court rather than the Competition Appeal Tribunal, based on yesterday's report which says: "For anyone keeping tabs, the mammoth patent dispute in Unwired Planet v Huawei & Samsung continues to thunder along at pace. The latest decision from the Patents Court in the saga addressed the question as to whether the antitrust issues - arguably the juiciest part of the case - could be transferred to the Competition Appeal Tribunal (CAT)? At the end of April, Mr Justice Birss answered that question, deciding that the issues should remain in the Chancery Division [2016] EWHC 958 (Pat)."

We remain committed to meticulous tracking of these threats to Free software, including Android, as software patents are inherently not compatible with Free software such as Linux. When such patents start to overstep the European border we just know that this disease keeps spreading rather than contained (e.g. owing to Alice in the US). There is so much at stake.

Recent Techrights' Posts

Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
Giving the False Impression That the R blogosphere is Microsoft's Microcosm
Curation that culls "astroturfing" isn't censorship but quality control for relevance
 
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)
Gemini Links 21/07/2024: Last of Old Computer Challenge and Forth Language
Links for the day
Links 21/07/2024: Climate, Politics, and More Squashed Patents
Links for the day
Only a Quarter of Web Requests in Micronesia Traced Back to Microsoft Windows (It Used to be Well Over 95%)
Micronesia has over half a million people in it
Your F.U.D. is Already Showing, Microsoft
That talking point is quickly spreading so that CrowdStrike discussions become about "Linux" instead of Windows
Andrew Feinstein on Why Freeing Julian Assange is About the Freedom of the Press in General
Feinstein points out that truth itself is being challenged by people who value power, not truth, and typically seek to do things like sell arms and start proxy wars
In Palau, Windows Has Fallen to 16%
15 years ago Windows was at 98%
Gemini is Blossoming and More Capsules Are Self-Signing, Rejecting the Defunct and Falsely-Marketed Certificate Authority (CA) Model
Gemini is still very fast, not only because objects are lightweight but the protocol itself - i.e. the underlying logic - is as simple as it needs to be and only as complex as it must be
Gemini Links 21/07/2024: New Garden and New Gemini Arrivals
Links for the day
Links 21/07/2024: Extreme Heat and Fortescue Layoffs
Links for the day
GNU/Linux Lifted Up 0.03% Closer to 4.5% "Market Share" (or 50% More Than a Year Ago)
How many businesses and homes are permanently giving up on Windows after recent days' events?
High Adoption Rates for GNU/Linux in Albania, According to statCounter
Albania has been a central point of some GNOME and diversity scandals
It'll Soon Be Half a Decade Since COVID-19's Breakout, We Still Need Verified Facts (Not Corporate Dogma) and Proper Media Reporting
COVID-19 has meant different things to different people
For the First Time, Microsoft's "Market Share" in North Macedonia Falls to Only a Quarter
Microsoft only has Windows
Evan Versus Julian
Published by Julian Assange's wife some hours ago
What The Internet Can Achieve When Put in the Hands of the Good People and Not Censored by the People Who Already Control the Mass Media
albeit Wikileaks put that in social control media owned and controlled by oligarchs
IRC Proceedings: Saturday, July 20, 2024
IRC logs for Saturday, July 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Hate Speech
This is also what makes TikTok so dangerous
Shark-infected Water on the Web
Don't turn Gemini into another "Web"
OpenHarmony, HarmonyOS Next, Deepin, Kylin, and openKylin: How China's Various Manoeuvres Away From Windows Get Covered in the West
Kylin was openly based on Ubuntu
WikiLeaks Wonders: Major Leaks That Shook the Worlds
Published 14 hours ago
No Outage Here
Microsoft seems to have lost control of the narrative
Links 20/07/2024: Tesla's UK Lawsuit for 5G Patents Licence Thrown Out by UK Court, Censorship Examples Surface
Links for the day
Gemini Links 20/07/2024: Why Sleep Is So Important, Bot Problems Online
Links for the day
[Meme] Truth Hurts
"Saying that I physically assaulted women is 'defamation'"
Techrights Turns 18 in About 3 Months
Nothing can stop us
When (Software) Freedom is the Goal
Freedom of thought also
Expect Many More Microsoft Layoffs After the Latest Windows Outages (Bonus: More Media Says Microsoft Has Cut Half the Staff in Nigeria)
after the latest worldwide blunder we can expect many businesses to gradually ditch Windows
Microsoft Has Managed to Make GNU/Linux Users Scared of Updating Their GNU/Linux PCs (Thanks to UEFI 'Secure' Boot's Boosters!)
How many people know who's responsible for this mess?
Today GNU/Linux Broke All-Time Record in statCounter Again
Expect more people to hop over to GNU/Linux after the Windows fiasco
Joab Jackson and "The New Stack" Publishing Microsoft Spam (E.E.E. Against Linux) for a Payment From Microsoft
It's not a real news site
Links 20/07/2024: Patents on Software Squashed, Further Attacks on Independent News Sites
Links for the day
Links 20/07/2024: Shopping Mall in Southwestern China and New Health Crises
Links for the day
Microsoft/Windows Has Fallen Well Below 1% (Now 0.7%) in American Samoa
statCounter Sees Microsoft Windows at Below 1% in American Samoa
The Thelio Mega Is a Dual-GPU Linux Supercomputer
System76 sells many desktops and laptops built to run Linux. The company has now revealed its new high-powered Linux desktop, the Thelio Mega
[Meme] "System of a Down"
The latest international catastrophe kills people
Geminispace Growing and Getting More Free (Independent)
Because self-signed certificates are the way to go
Why Microsoft is Laying Off So Many People in Nigeria
Nigeria is a place Microsoft has lost
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 19, 2024
IRC logs for Friday, July 19, 2024
Gemini Links 20/07/2024: Gopher Catchup and Old Computer Challenge
Links for the day