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.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  2. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  3. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  4. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  5. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  6. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)



  7. What Battistelli's Workers Think of His Latest EPO Propaganda

    "Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption



  8. Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

    Links for the day



  9. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  10. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  11. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  12. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  13. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  14. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  15. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  16. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  17. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  18. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  19. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  20. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  21. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  22. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  23. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  24. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  25. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  26. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  27. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  28. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  29. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless



  30. Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

    Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine


CoPilotCo

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

CoPilotCo

Recent Posts