Bonum Certa Men Certa

Apple and Microsoft, Two Patent Aggressors That Habitually Attack GNU/Linux Distributors, Get Sued by a Patent Troll, Soverain IP

Background reading: “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.” --Steve Jobs

"The term "just war" contains an internal contradiction. War is inherently unjust, and the great challenge of our time is how to deal with evil, tyranny, and oppression without killing huge numbers of people."

--Howard Zinn, Terrorism and War (2002)



Summary: Putting in perspective the latest high-profile (in the press at least) lawsuits filed by a notorious troll, which this time around chose as its targets two patent aggressors that deserve no sympathy because of their own actions

WE occasionally hear about Apple patents at the EPO but cannot say much due to source protection needs. At the USPTO, by contrast, Apple patents have already attracted much criticism, and courts are invalidating some of these (sometimes it happens in Europe as well). The point of the matter is, Apple likes to collect a lot of patents and later it uses these to go after Android OEMs (actual lawsuits), having started with sabre-rattling against Palm prior to that.



Writing in his blog last week, Florian Müller said that the US Supreme Court may soon proceed to challenging yet another Apple case against the largest Android OEM (at least at the time the case was initiated). To quote:

Timing is often an interesting indication of a party's priorities. Over these past seven years of Apple v. Android lawsuits (it all started with HTC in March 2010), Android companies--HTC more than anyone else--have often shown the behavior of stallers, at least when they were (as Samsung is here) on the defending end of a litigation (obviously not when they were asserting standard-essential patents themselves). Even parties that don't intend to stall in the slightest (such as Oracle when enforcing its copyrights against Google) typically wait until the end of a filing deadline. It provides them with an opportunity to wait for further relevant developments (case law, public statements by key persons and entities, etc.). So I really am surprised here. Further remedies-related proceedings in that case are ongoing in district court, and a case management conference has just been postponed to next month. With a view to that conference, the Supreme Court is unlikely to make any decision either way in the meantime.


We certainly hope that Apple will decide to compete based on technical merits rather than patents and lawyers. We are not too optimistic about it, as this is essentially a sworn sort of legacy of Steve Jobs and it's the only thing Apple has left because its market share is diminishing every year (ignore Apple's "alternative facts" to that effect, focusing only in particular demographies).

"We certainly hope that Apple will decide to compete based on technical merits rather than patents and lawyers."Apple-aligned Web sites, in the mean time, have the audacity to complain about patent aggression because the patent troll known as "Soverain" (we wrote about it quite frequently in the distant past) is back with vengeance and it is suing Apple. This patent troll isn't as dead as some Apple fans thoughts/hoped, which is why they're all complaining [1, 2, 3] in their 'news' sites (more like Apple advocacy sites). One of them said that "Soverain Software, a non-practicing entity that gained media attention for suing Newegg and other online retailers over "shopping cart" patents, on Thursday filed a complaint against Apple for alleged infringement of IP relating to internet-based services."

Curious is the fact that Microsoft too is being sued by this patent troll, and moreover it uses a Microsoft case (Enfish v Microsoft) to justify its case, based on this coverage from IAM. To quote the relevant bits:

With the Supreme Court’s decision not to grant cert to Soverain’s appeal in early 2014, that appeared to be that for the company and its assertion campaign. Except this week Soverain’s patents were back in court as a new, Texas-based entity called Soverain IP filed suit against Microsoft and Apple, alleging that the Windows giant infringes on six patents while the iPhone creator infringes on four.

[...]

One of the patents — no. 5,708,780 — which was granted in 1998, has been litigated before and appears to be one of the online shopping-related grants that led to Soverain securing a $40 million settlement from Amazon in 2005. Notably, in its court filings this week, Soverain cites Enfish v Microsoft, one of several 2016 Federal Circuit decisions which are seen as providing key guidelines over the patentability of software, to back up its claim that the patent does not cover an abstract idea and is therefore valid.


We're now faced with a hard choice; who to support, so to speak? The ugly patent troll or the two patent aggressors which have been attacking GNU/Linux using patents? Well, as the informal proverb/saying goes, in some wars both sides are evil. The only sure thing is, lawyers will profit from this. They always do, irrespective of who 'wins'; to them, every lawsuit is a 'win' and they lobby their government accordingly.

"The only sure thing is, lawyers will profit from this."Speaking of patent trolls such as the above, there is an ongoing EFF campaign against universities hoarding and then selling patents, i.e. taxpayers wasting money on patents that are handed to trolls who then attack these same taxpayers. Here is the EFF's latest update on this:

Last year, EFF, along with our partner organizations, launched Reclaim Invention, a campaign to encourage universities across the country to commit to adopting patent policies that advance the public good. Reclaim Invention asks universities to focus on by bringing their inventions to the public, rather than selling or licensing them to patent assertion entities whose sole business model is threatening other innovators with patent lawsuits.

Now, thanks to Maryland State Delegate Jeff Waldstreicher, the project is taking a step forward. In February, Delegate Waldstreicher introduced H.B. 1357, a bill modeled on Reclaim Invention’s draft legislation, the Reclaim Invention Act.


The above has already attracted some high-profile support that we have come across in sites like Twitter.

This is (almost) the first time we hear about the "Reclaim Invention Act", except when the EFF mentioned it at the end of last year. Other such "Acts" have not been heard from in a while (in effect they got abandoned); The Leahy-Smith America Invents Act did a lot of good; the above would too (if it ever materialises). ⬆

Recent Techrights' Posts

NVIDIA's Crisis Has Only Just began
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
IBM Has Destroyed Red Hat and Hashicorp, Insiders Say It's the Usual From IBM:
Bluewashing is a death wave
Techrights Was Right About Slop Destroying Development Communities and Projects
Slop does not improve your project. It kills the community. Without community, what is left? A 'botfarm'?
Intercontinental Brigading - Part XXXXXI - Harassment Law and "Things Are Unfairly Asymmetric" (Exploring the Boundaries of Death Threats and Various Threats From America)
the sort of "technofascism" that our country must learn to confront rather than facilitate
 
When Short is Way Too Short (Superficiality, Lowering of Entropy)
Demonstrating how truly worthless social control media was all along
Techrights Hates Slop Bots
They benefit nobody
The Economy is Fine! (If Only for China!)
The future is slop! If not, then it's China's fault! It's "sabotaging" the "Western hey hi" in this "hey hi arms race!"
"IT" as "Musical Chairs" (on the Deck of The Titanic)
Each generation will get worse for "IT"
Salesforce in Trouble, Debt Nearly Quadrupled in 9 Months
Salesforce is perishing in a deep pool of debt
"Microsoft is Next IBM"
The words of a Microsoft insider and responses to that
IRC is Decentralised
Bye, Microsoft Teams/Skype
Links 15/11/2026: Murdoch's "WSJ Buries Stephen Miller's Racism" and "America Has Entered a New Age of Propaganda"
Links for the day
In the UK, GNU/Linux Usage Soared During Microsoft Downtime
since the massive outage GNU/Linux usage soared to over 10%
Google Slop About Richard Stallman Shows Stallman Was Right, LLMs are BS Generators
Google slop is the "new Google"
Spouse of Garrett Needs to Get "Several Firearms" to Feel Safe Amid Divorce (Garrett Has a "Girlfriend" Now)
Seems like Isis and my wife have a lot in common when it comes to Garrett
Vista 11 is Small
Can Microsoft survive the fall of Windows?
Six Richard Stallman and FSF Talks This Month (FSF Staff at Ohio State University)
Dr. Stallman's talks in Ecuador are well timed because of the collapse of the LLMs (slop) pyramid scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 14, 2026
IRC logs for Saturday, November 14, 2026
Gemini Links 15/11/2026: "The Bastards Can Never Win" and "The Last Low-Tech Generation"
Links for the day
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026