Legal Archive

Speaking of patent lawsuits - somebody pointed out to me that both Oracle and Google are members of the Open Invention Network. This struck me as odd - doesn't the OIN license require you to promise not to assert your patents against Linux systems? And, uhm, isn't that kind of what Oracle is doing right now? Well, yes, they might be suing a Linux System - but they're not suing a Linux System as defined by the OIN.

And so, the idiocy in the mobile industry continues. Motorola has just upped the ante in this already ridiculous spider web of lawsuits by suing the pants off Apple. Eighteen patents are involved, most of which seem to be actual hardware patents, but that doesn't make some of them any less obvious (apparently, you can patent the location of your antenna). Anywho, like Nokia, Motorola claims that Apple is unwilling to license Motorola's patents, and as such, suing was the only option.

So, Apple has to pay boatloads of money to some patent troll over cover flow and Time Machine-related patents.

Today EFF, joined by Public Knowledge, the Computer & Communications Industry Association and the Apache Software Foundation, filed an amicus brief asking the U.S. Supreme Court to hear a case in which Microsoft is trying to make it easier to invalidate an issued U.S. patent. If successful, this challenge should help in the fight against bad patents by lowering the standard required to prove that the patent is invalid to the same one required to prove infringement. It should especially help the free and open source community.

Yesterday's news regarding the lawsuit Skyhook has filed against Google seems to have made quite an impact here and there. If you read through the complaint (at Daring Fireball), Skyhook makes some interesting claims about how Google abuses its position to strongarm OEMs into using Google Location services, but the big claim, something everyone seems to overlook, is this one: Skyhook says Google tried to gain access to Skyhook's data.

It looks like Google has a serious lawsuit up its tailpipe. Skyhook Wireless, the company that develops technologies for determining the location of cell phones and similar devices, has filed a patent infringement and a tortious interference lawsuit against the search giant, claiming Google's interference cost Skyhook tens of millions of dollars.

EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!

Ars Technica: "Today 377 members of the European Parliament adopted a written declaration on the Anti-Counterfeiting Trade Agreement (ACTA) in which they demand greater transparency, assert that ISPs should not up end being liable for data sent through their networks, and say that ACTA 'should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy'."

We've all heard of patent trolls who buy up patents without using them to make any products. Their only goal is to seek out possible infringers and sue them, making money via the justice system. It was only a matter of time, but we've now got something new: copyright trolls.

Well, this was rather unexpected. As it turns out, Commodore USA's CEO Barry Altman isn't particularly pleased about the article I wrote earlier today in which I placed a considerable amount of scepticism with regards to Commodore USA and its business (and website). He (not his lawyer) sent us a threatening email demanding we take down the article, post a new correction article, the whole shebang. The entire email - as an image, you'll want the original formatting - after the break. Our reply? We refer you to the reply given in the case of Arkell v. Pressdram.

Just when you thought the Amiga world was finally getting its act together, finally making things a little less obtuse for outsiders, this happens. So, we have the AmigaOne X1000 coming up, a brand-new PowerPC computer, running the real deal - AmigaOS 4. In the meantime, Commodore USA - the one with the sketchy website - has apparently secured rights to the Amiga hardware brand, and is planning to release Amiga-branded computers running AROS. In the meantime, Hyperion, the Belgium company behind AmigaOS, who is working with A-eon on the AmigaOne X1000, claims this is a clear violation of the settlement between them and Amiga Inc., and has notified its US lawyers.

Despite doing what I think are some great things for the American people, the Obama administration has a dark side. Joe Biden and many others on staff come straight from the RIAA camp, and it shows. Today, the Obama administration disregarded every US law relating to theft and copyright by stating that piracy is "flat, unadulterated theft".

Most of us here are not particularly big fans of the concept of patents. Most of us are aware of the significance of patents, we just believe the system has gone out of control and needs a serious kick in the butt. Well, it turns out not even the richest people on this earth are immune to the call of the patent troll. Microsoft co-founder Paul Allen has filed a massive patent lawsuit, using broad and vague patents to sue just about any big name in the business - from Apple to Google.

OSNews patent watch, at your service. Lexmark, apparently under new leadership who can't recall the defeat the company suffered back in 2005, is undertaking yet another attempt to block third party cartridges for Lexmark printers to enter the market. Instead of invoking the DMCA, they got clever this time and are claiming patent violations.