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Comment Re:I was *not* plain wrong -- unlike some 'rebutta (Score -1, Troll) 223

You can be sure the damage award would not be zero even if nobody ever used it. Just the act of publishing it creates damage. And can you or anyone else prove that no one ever downloaded the file, relied on an Apache license header and consequently built it into something (Android or not)?

Comment I was *not* plain wrong -- unlike some 'rebuttals' (Score 3, Informative) 223

I'll do a couple of follow-up posts on my blog these days to respond to some of the misconceptions and misinformation out there.

My blog never made a specific claim about Android devices containing certain code. From a copyright law point of view, however, putting software online for everyone to download means "to distribute", or "to ship", such code, and distributing, or shipping, infringing code makes someone liable.

Ed Burnette, whose post is referenced here, does not seem to understand even basic copyright-related terminology and concepts. He's wrong on almost everything he wrote and I'll debunk itI already left some comments below his article.

It's also wrong, as stated above, that Google "deleted" those files. They are still in the Froyo (Android 2.2) and Gingerbread (2.3) trees. At least they were when I last checked, which was yesterday. They are just not in the tree for future versions.

There is so much out there that's wrong, and I'll deal with it step by step.

Microsoft

Submission + - EU Commission Has No Concerns Over Novell Patents (blogspot.com)

FlorianMueller writes: Complaints by the Open Source Initiative and the Free Software Foundation Europe against the sale of 882 Novell patents to CPTN Holdings LLC (a consortium of Apple, EMC, Microsoft and Oracle) have apparently not impressed the EU's chief antitrust enforcer. Asked by a Member of the European Parliament about this deal, European Commission vice president Almunia confirmed that he was aware of the proposed transaction and stated that 'the Commission has currently no indication that the mere acquisition of the patents in question by CPTN Holdings would lead to an infringement of EU competition rules.' In Mr. Almunia's opinion, such a sale of patents is 'unlikely' to even require a regulatory review.
Microsoft

Submission + - Novell Patent Plan Withdrawn But Not Cancelled

FlorianMueller writes: The IDG News Service reported that Microsoft, Apple, EMC and Oracle withdrew their notification of the formation of the CPTN Holdings patent consortium to the German competition authority. Some prematurely celebrated this as an achievement of the Open Source Initiative, which recently complained about the deal. But OSI board member Simon Phipps clarified on Twitter that "no evidence [he's] seen so far suggests it is in fact the collapse of the deal." He expects a refiling. Tech journalist Maureen O'Gara contacted Microsoft and was told that the withdrawal "is a purely procedural step necessary to provide time to allow for review of the proposed transaction." Regulatory filings are sometimes withdrawn and refiled at a time that is more convenient to regulators. For example, Oracle withdrew its Russian notification of the acquisition of Sun, only to resubmit it later.
Google

Submission + - Interval Refiles Patent Suit Against the World (blogspot.com)

FlorianMueller writes: A couple of weeks after Microsoft co-founder Paul Allen's Interval Licensing saw its patent infringement suit against major tech companies thrown out, it has refiled an amended complaint. The court found that the original complaint wasn't sufficiently specific about the accused products and services. Now those are named. The amended complaint accuses, among other things, Android and all devices based on Google's mobile operating system, of infringement of a user interface patent. Interval says it's an example of an infringement that "when a user receives a new Google Voice message, the Android Operating System and Google Voice software display a notification in the status bar screen for a short period of time." Allegations against Apple are less fundamental: they relate to content recommendations provided to users by iTunes, the App Store, and Apple TV.
Patents

Submission + - Apple vs. Nokia: The legal battlelines (cnn.com)

FlorianMueller writes: CNN.com/Fortune reflects on how the patent dispute between Apple and Nokia has escalated over the last 14 months: "In Oct. 2009, when Nokia (NOK) first complained in a U.S. federal court that Apple (AAPL) had infringed on 10 of its telecommunications patents, the case could be summarized in a fairly simple chart [...] Fourteen months later, that relatively straightforward patent dispute has escalated through suits and countersuits into a legal battle of Dickensian complexity now being fought in seven different venues, from Delaware to Dusseldorf." The article then refers to "what is likely to be the definitive map of Nokia vs. Apple. The finished document covers 19 'moves,' 11 reference pages, 31 PDF slides and more than 75 individual patents. A preview is also avialable on Twitpic.
Microsoft

Submission + - Microsoft and Motorola add 9 patents-in-suit (blogspot.com)

FlorianMueller writes: Patent suits are the IT industry's new Christmas cards: Microsoft and Motorola just added new accusations to their row. Motorola filed another suit in the Western District of Wisconsin, for the first time also attacking the Kinect. Microsoft threw in seven patents in Southern Florida. Two of them cover touchscreen technologies and two allegedly read on Motorola's DVRs. At this stage of the game, 35 patents are in suit between the companies. Afraid to lose track of so much peace and harmony? There's a visualization available (detailed reference material included).
Patents

Submission + - Audio and video patents haunt Apple and Android

FlorianMueller writes: There seems to be no end to those smartphone patent suits. This week's special: audio and video patents that its owners claim are key to formats like MP3 and MPEG 2. The targets: Apple and Android. On Monday, Alcatel-Lucent subsidiary Multimedia Patent Trust filed a patent infringement suit in Southern California against Apple, LG (over 64 different phones including some Android-based ones), Canon and TiVo over four video patents. Fortunately for Apple and LG, none of the patents asserted against those two companies are likely to be in force by the time the judge decides, so there's no risk of an injunction. They may nevertheless have to pay for past damages. The same company once obtained a record $1.5 billion jury verdict against Microsoft but saw it slashed by a judge. And on Tuesday, Hybrid Audio LLC filed a suit in Eastern Texas, asserting a patent against various Apple products and certain Android-based products from HTC and Dell.
Microsoft

Submission + - ITC investigates Xbox 360 after Motorola complaint (blogspot.com)

FlorianMueller writes: The US International Trade Commission, which is increasingly popular as a patent enforcement agency, voted to investigate a complaint filed by Motorola against Microsoft last month. Motorola claims that the Xbox infringes five of its patents. In October, Microsoft complained against Motorola, alleging patent infringement by its Android-based smartphones. Apple, Nokia and HTC are also involved with ITC investigations as complainants and respondents. A new one-page overview document shows the ongoing ITC investigations related to smartphones and the products that the complainants would like to be banned from entry into the US market. The good news is that any import bans won't be ordered until long after Christmas. The ITC is faster than courts, but not that fast.
Google

Submission + - Oracle and Myriad Group sue each other over Java (blogspot.com)

FlorianMueller writes: Bloomberg was first to report on a suit filed by mobile software company Myriad Group against Oracle in Delaware on Friday. The Swiss company, which sells its own Java implementation for mobile devices, claims Oracle doesn't honor its licensing commitments and overcharged Myriad and its customers by at least $120 million. Observers see a potential Google hand in this, given the obvious connection with the dispute between Oracle and Google. It turns out that on the same day Oracle sued Myriad (in Northern California) for infringement of the Java trademark. Oracle says Myriad stopped paying royalties more than a year ago and demanded a royalty-free license, which Oracle apparently isn't willing to grant. The Apache Foundation finds itself in a similar situation--but not in court (yet).

Comment Re:The System Is Working (Score 1) 126

I've had many discussions with politicians and participated in a number of parliamentary and governmental roundtables. There are some great economic studies that are critical of the patent system -- but there's no shortage of studies supporting it (and of companies funding such studies). So the only way that politicians would act is that businesses themselves exercise effective pressure against the patent system.

Comment Re:Not mentioned Patent losses (Score 3, Informative) 126

P.S. don't forget, for instance, that most of Apple's patents will be software patents (and therefore limited to the US)

That's a misconception. Just look at these examples (including some of the patents Apple asserts against Android). Also, consider that Apple sued Nokia in the UK as well (a couple of months ago) over 9 European software patents.

whereas most of the Nokia/GSM/Motorola patents will be hardware patents,

When I publish my PDF diagrams and analysis of the Apple-Nokia dispute, you'll see that the share of software patents among Nokia's patents is far greater than you believe at this stage.

Comment Re:The best defense is a good offense (Score 3, Informative) 126

symbolset, it's regrettable that after my facts-based reply you just go off-topic here with unclear and unspecified allegations. Instead of a pathetic attempt to smear, you should take a look at the patent portfolios in question. A lot of people believe Google is such a big company that it should own a lot of key patents, but it owns relatively few patents and most of them are related to search engine technologies. Also, even though you mentioned HTC, you won't seriously believe that Apple would lose sleep over HTC's patent portfolio...

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