EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.10.11

Apple’s Latest Attacks and Problems Clearly Show That Apple is Losing

Posted in Apple, Australia, Europe, GNU/Linux, Google, Patents at 1:13 pm by Dr. Roy Schestowitz

Letting Apple jump the shark

Linux; Apple is for obedience and anti-Microsoft sentiment

Summary: Latest news about Apple’s embargo wars on Linux/Android and some of the causes for Apple’s panic

APPLE increasingly became a threat to freedom not because it is “successful” but because it is aggressive. It’s Apple that started it.

Apple has been banning Android devices in Australia, but there are those who defy the injunction, notably (from the latest news):

AN AUSTRALIAN RETAILER is continuing to sell the Samsung Galaxy Tab 10.1 despite an injunction obtained by Apple in the land down under.

According to the Sydney Morning Herald, retailer Dmavo is restructuring its business in the hope of overcoming Apple’s legal threats.

Apple won a temporary injunction against Samsung last month stopping the company from selling the Galaxy Tab 10.1 in Australia until a full hearing in the Australian Federal Court that’s scheduled for 25 November.

Apple has made a real mess in Australia where it opted for litigation rather than fair competition. There is generally a lobby there for software patents (led by proprietary software companies) and the Australian Pirate Party spoke about the dangers recently (how revolutionary! A party that speaks out for people’s interests, not corporations), further to amplify its message in an imminent event.

Over at ZDNet, the Pirate Party did not really name the culprits but it addressed the issues. This was mentioned by a pro-Free software journalist, who in his post about it, “Kill software patents, says Pirate Party”, said that “[c]riticising the Australian Government, David Campbell, President-elect of Pirate Party Australia, said in a statement that the current patent system sabotaged local innovation and creation of jobs. “There will come a time when innovation is no longer possible due to innovation itself being patented. Patents are intended to recompense inventors for their efforts in developing products and methods that will benefit society. This is clearly not being achieved when patents for everything and anything are being granted,” Campbell said.”

This is all very important because Apple’s patents are weak and soft. They should be easily abolishable in a sane system and perhaps disregarded altogether. Failing systemic answers, there is also the weakness of Apple’s claims in general. Google’s Schmidt says that Android “started before the iPhone effort” — a point that we saw earlier and elsewhere before. ‘”Our lawsuit is saying, ‘Google you f***ing ripped off the iPhone, wholesale ripped us off,” Jobs told his biographer, Walter Isaacson, about the lawsuits that Apple is engaged in with Android vendors Samsung, HTC, and others. “I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product.’”

What a charming gentleman, eh?

In the EU, unlike in Australia, is it Apple that faces a ban now, not Android. It’s Apple that started it. [via “Apple Banned in Germany!”]

Sales of iPhones and iPads are on the brink of being banned in Germany as a result of a court battle over Apple’s alleged infringement of Motorola patents – but the fruity fondleslab maker reckons it can get the injunction suspended even though it failed to turn up.

The German hearing on Friday was brought about by Motorola Mobility, which is seeking an injunction to ban sales and thus prevent Apple gaining customers while the patent hearings continue. Quite why Apple didn’t attend remains a mystery – suggestions range from a lawyer stuck in traffic to a ploy designed to consolidate cases – but it did result in a German court rendering a default judgement which will see Apple products removed from sale in Germany, unless the company gets it suspended.

For more on the same theme, also see “The UGLY Side of Software Patents and Apple”.

Steve's Job included sheer aggression against Linux/Android. We know this for sure now and a Microsoft booster has published the article “New Yorker on Steve Jobs: More tweaker than inventor”. To quote:

In a column for the magazine’s new issue, the New Yorker’s Malcolm Gladwell relates several stories from Walter Isaacson’s bio as evidence that Jobs’ real contribution was zeroing in on an existing item, no matter how minute, and refining it until it fit his vision of perfection.

Here is what the LA Times published a few days ago:

Steve Jobs’ legal war on Google, Android rages on

Steve Jobs’ legacy at Apple Inc. goes well beyond cool gadgets, a thriving retail chain and a music empire.

He also launched the company’s all-out legal war on Google Inc.

In the last months of Jobs’ life, Apple unleashed a patent-suit blitzkrieg on its Silicon Valley rival, filing 10 lawsuits in six countries that accuse the Internet search giant of stealing its smartphone and tablet computer technology.

Apple — like Microsoft — pretends to be a victim by using words like “steal” and pointing to cases like this new one. But Apple is not a victim, Apple started the war on Android not because it felt unfairly treated by the patent system.

Apple’s problem is that Google stole its thunder. Google did not steal anything real from Apple and Android development predates iPhone. Watch what goes on with the iPhone now:

  • Apple fails to fix Iphone daylight savings time bug

    Apple’s IOS has suffered from a bug that leaves some Iphone users with devices that do not update their time to take account of daylight savings time changes. Over the weekend, while the US changed back to standard time, some Iphones did not.

  • Apple boots security guru who exposed iPhone exploit

    Miller announced the news on Twitter this afternoon, saying “OMG, Apple just kicked me out of the iOS Developer program. That’s so rude!”

    Earlier today Forbes’ Andy Greenberg published a story featuring Miller, who is a well-known security researcher who targets Apple’s products and services. Miller’s latest discovery was a security hole in iOS that let applications grab unsigned code from third-party servers that could be added to an app even after it has been approved and is live on Apple’s App Store.

  • Apple caves in to the Magsafe adaptor lawsuit by offering replacements

    FRUIT THEMED TOYMAKER Apple has proposed a settlement in the class-action lawsuit against it over faulty Magsafe power adaptors, offering users a replacement unit.
    Apple was presented with a class-action lawsuit claiming that its T-shaped Magsafe connector was faulty. Users complained that parts of the cable would melt or fray exposing the underlying wire and, in typical Apple fashion, it chose to ignore the problem – that is, until now.

Users are furious about other issues:

FLOGGER OF SHINY TOYS Apple’s Iphone 4S has yet another problem, this time with an irritating static sound being heard by users while making calls.

Apple has gone aggressive and angry (with a PR toll), which is just another indication of the real problems it is having. Microsoft is the same and the next post will deal with it in isolation.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. Michael said,

    November 10, 2011 at 8:14 pm

    Gravatar

    Funny this claim of yours comes out as Apple gains a huge win for open standards (Adobe dropping Flash mobile). Apple did more for this than the whole of the open source world. Not a word of this from you.

    Now let us look at your FUD:

    APPLE increasingly became a threat to freedom not because it is “successful” but because it is aggressive. It’s Apple that started it.

    Roy, you already spoke of your “envy” of Apple. One does not envy aggression; one envies success. Let us not pretend otherwise.

    Then you claim Apple started aggression by banning Android devices. This is a lie – Apple has no such power. The courts do. The courts banned Android devices. And they did so because they agreed with Apple that Android was the one who started the “war”. They broke the law to copy Apple.

    Now you note there are those who are pushing the war by going against the law *again*.

    FUD:

    Apple has made a real mess in Australia where it opted for litigation rather than fair competition.

    Apple opted for litigation as a response to unfair competition. Remember, it has already been shown that Samsung was copying Apple far more than just being inspired by them. This is not something that anyone has been able to refute:

    http://i.imgur.com/TmUj2.jpg
    http://goo.gl/S2AJR
    http://goo.gl/bWDs6
    http://goo.gl/NjrfV

    Add to that, you claim that Apple is not competing well. OK, so what product is earning higher user satisfaction ratings? What product is earning the company that makes it more money? The answer to both: none. Apple is winning on *both* metrics – better for consumers and better for the company making it. So what makes you think Apple is not competing well when they are winning in the two most important metrics?

    FUD:

    Google’s Schmidt says that Android “started before the iPhone effort” — a point that we saw earlier and elsewhere before.

    How is this even relevant? Early versions of Android were nothing like modern ones… nor like iOS.

    FUD:

    Apple — like Microsoft — pretends to be a victim by using words like “steal” and pointing to cases like this new one. But Apple is not a victim, Apple started the war on Android not because it felt unfairly treated by the patent system.

    You keep saying this but never supporting it. Again, the data is above: it is clear Samsung, at least, was copying Apple *massively* (far more than just being inspired by a competing product). You claim Apple started this was even though the data shows otherwise.

    So why don’t you at least *try* to show where the data that has been presented to you is wrong? Why not try to support your claim?

What Else is New


  1. [Humour] COVID-19 is Very, Very Afraid of Human Beings Making More Monopolies Instead of Fighting Together

    The European Patent Office (EPO) to the rescue! Fighting a dangerous pandemic one profitable monopoly at a time!



  2. The News is Never 'Slow', It's Just Journalism That's Slowing Down (and Investigative Journalism Coming Under Attack)

    A mix of censorship and subtle mind control contribute to misinformed societies that shape their perception or misunderstanding of the world based on false measures of authority (where money can determine what is true and what is untrue); many topics remain completely untouched, leading to apathy in a vacuum; it's very much applicable to international organisations, which are presumed benign by virtue of being multi-national or supranational



  3. Social Control Media is About Social Control and If It Doesn't Ban You It'll Shut Down Everyone's Account (One Day)

    It’s time to leave the ‘Internet rot’ which is social control media well behind us; blogging and RSS/XML may seem like a thing of the past, but they may as well become the future (again; if we make the correct and informed choices)



  4. Microsoft's Fingers in Every Pie: The Cult Mentality That Society Needs to Become Wary of

    Microsoft and its co-founder (pretending to do his for-profit 'charity' via the Gates Foundation) are trying to control the world; in the process they've moved to control even their most potent competitor, according to Gates himself, which is GNU/Linux



  5. Links 9/7/2020: Google’s Open Usage Commons, GNOME 3.36.4, Neptune 6.5

    Links for the day



  6. IRC Proceedings: Wednesday, July 08, 2020

    IRC logs for Wednesday, July 08, 2020



  7. Links 8/7/2020: SUSE to Acquire Rancher Labs, Btrfs as Default in Fedora, Qt Creator 4.12.4

    Links for the day



  8. Yes, Master

    When the Linux Foundation tells us to tone down our language we ought to remember what kind of hypocritical stance these people have (note: the above have nothing to do with slavery, either)



  9. Fraunhofer is Again Evergreening Software Patents to Maintain Its Codecs Cartel, Forcing Everyone to Pay to View/Stream Multimedia Files

    The roller-coaster of software patents on multimedia isn't stopping; we know the culprits who can be named for perpetuating this injustice



  10. [Humour/Meme] Focusing on the Bombings and Who's Included in the Bombings

    Supremacist agenda disguised as "tolerant and inclusive" is still objectionable supremacist agenda



  11. Manners Are a Good Thing. The Yardstick or the Standard of Manners Changes Over Time.

    Entirely legitimate grievances of African-Americans are being exploited by people who aren’t even African-American (and usually don’t speak for African-Americans) to warp the debate from one about software ethics and technical issues, not to mention war crimes of companies that employ many programmers, to something which is unlikely to really help African-Americans (also, they don't employ any African-Americans)



  12. IRC Proceedings: Tuesday, July 07, 2020

    IRC logs for Tuesday, July 07, 2020



  13. Links 8/7/2020: Huawei’s GNU/Linux PC, Sparky 5.12, and Endless OS 3.8.4 Released

    Links for the day



  14. [Humour] Television Channels That Don't Speak of Real Looting But Participate in Looting

    People may need to look beyond (or outside) the television screen to grasp what's going on



  15. (Software) Freedom is Elusive Without the Ability to Concentrate

    Software is consuming people's minds; to make matters worse, people have become so attached to such software that they're unable to see it and get away from it (they associate that software with "social life")



  16. Monopolies Erode Freedom, Freedom Erodes Monopolies

    "There are so many reasons that GitHub makes projects less free."



  17. Links 7/7/2020: NomadBSD 1.3.2, Clonezilla Live 2.6.7 and DRM Comes to Cars

    Links for the day



  18. [Humour] IAM Ranked Top for Quality of EPO Propaganda

    Contrary to what the European Patent Office (EPO) keeps saying, patent quality is slipping very fast in Europe (based on the EPO's own analysis!) but patent trolls-funded publishers deny that



  19. When They're Done With Patents on Foods and Recipes They'll Have Patents on Fashion, Taste and Smell

    The mental dysfunction — an infectious condition — that says everything in the world must be patented should be resisted; it overlooks the fact that patents were introduced to protect/promote actual invention, not thoughts, feelings, nature and art



  20. [Humour/Meme] IBM's Money is Unhealthy to the Free Software Foundation (FSF)

    IBM will never be happy as long as RMS (Richard Stallman) has a say in the FSF — directly or indirectly — or even in the GNU Project, both of which he himself created back when IBM was the biggest monopolist



  21. IRC Proceedings: Monday, July 06, 2020

    IRC logs for Monday, July 06, 2020



  22. Never Let IBM/Red Hat Lecture Us on Morality

    Ethics and morality should not be taught by those who themselves need a lesson; in the meantime we're losing the courage to speak freely and those who commit atrocious acts like it a lot better that way



  23. [Humour/Meme] Wear the Red Hat as the Open Org Becomes Openwash

    IBM is changing Red Hat and not for the better; sooner or later IBM will become another Microsoft and changing from one to the other will be like swapping 'masters'



  24. IBM is Imposing Non-Free, Privacy-Infringing Tools and Patent Tolls on Red Hat Staff

    There are signs that Red Hat under IBM will be more like assimilation to IBM, not IBM assimilating to the 'Red Hat way' or the so-called 'open org'



  25. They Tell the Free Software Community That It is Racist While Saying Nothing at All About Trump's Racism (Because He Gives Them Government and Military Contracts)

    While their president compares 'foreign' people to a virus (using innuendo, dog whistles and racist rhetoric reminiscent of the Nazi era) the big US corporations (American surveillance giants) turn their attention to rather innocuous words inside people's code (which almost nobody sees anyway)



  26. LibreOffice 'Personal Edition' Seems Like a Marketing and Communication Fluke

    Had LibreOffice developers (and the Document Foundation) communicated these changes more openly, they would have averted/avoided some of the FUD



  27. It Almost Feels Like Microsoft Has Already 'Bought' Canonical

    Canonical's disturbing trajectory and betrayal of the community continue unabated; one can easily get the impression that Ubuntu exists to help Microsoft at some level



  28. Update to GNU Project Bleeding into Microsoft

    Update



  29. Microsoft is Going to Get Tired of Whining About “GAFA” and Accept That It's Just as Bad If Not a Lot Worse at Privacy

    Microsoft is being treated by the US government as if it's not abusing anything, let alone people's privacy; if anything, this demonstrates the degree to which Microsoft infiltrated or 'vendor-captured' regulatory branches



  30. Links 6/7/2020: LibreOffice 7.0 RC1, MX-19.2 KDE Beta 1, Linux 5.8 RC4

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts