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


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


    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*.


    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:


    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?


    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.


    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. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  2. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  3. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  4. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  5. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  6. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  7. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  8. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  9. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  10. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  11. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  12. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  13. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  14. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day

  15. The 'Sarah Sharps' of Microsoft: Not the Kind of Scandal the Media Cares Enough to Write About

    Another example of the large (industrial) scale of sexual discrimination at Microsoft -- a company that tries to advertise itself as diverse or tolerant and stigmatise Free/Open Source software (FOSS) as intolerant and/or not diverse

  16. EPO Caricature: EQE Questions

    The latest EPO cartoon, this time about European qualifying examination (EQE)

  17. The Long History or Seeds of Control by Fear and Punishment at the EPO

    The latest hogwash from Team Battistelli (Pinocchio), the latest instance of software patents promotion by EPO Principal Director, and an old (decade-old) nugget of information from the Forum for Principal Directors

  18. Subject of the European Patent Office's Abuses Raised in European Parliament by Ulrike Müller (ALDE)

    A local copy of a bunch of questions asked less than a month ago by Ulrike Müller at the European Parliament, regarding the unacceptable state of affairs at the European Patent Office (EPO)

  19. French Article About the EPO "Crisis"

    Le Monde, which covered EPO suicides and nervous breakdowns a year and a half ago, revisits the subject

  20. Battistelli Wants Us to Believe a Patent Office in a Freefall (EPO) is “Stronger and More Sustainable”

    Still in denial (or self-deluding for self indulgence), Battistelli writes about the EPO as though everything is rosy and people are happy

  21. Leaked Documents Shed More Light on What Happened to Alison Brimelow and How Battistelli Rose to Power

    How Battistelli's (almost) all-male (and all-white, mostly French) management came into being, not too long after Ms Alison Brimelow got elbowed out the Office

  22. Leaked: Outcomes of 149th Administrative Council's Meeting at the European Patent Organisation

    The raw details or a summary thereof, based on the above which serves to confirm what we wrote about several days ago, right after the quarterly meeting had ended

  23. Danish Press Coverage of the European Patent Office and the Problems Explored by Techrights

    Jesper Kongstad does virtually nothing to deny the arguments (or "accusations") and instead alludes to the style of the writings about him

  24. Links 18/10/2016: Release Candidate of Leap 42.2, Looking Ahead at GTK4

    Links for the day

  25. Links 17/10/2016: JS Foundation, Ubuntu 17.04 Named ‘Zesty Zapus’

    Links for the day

  26. EPO Updates: Battistelli in Trouble, Grossenbacher and Battistelli Having a Fight, EPO Doubles Down on Željko Topić

    Interesting updates from the European Patent Office (EPO), where things have taken a turn for the worse for Battistelli while Željko Topić secures an extension of his notorious contract

  27. EPO Social Conference Another Example of Astronomical Waste of Money by Benoît Battistelli

    Having paid the media and attempted to scare/intimidate staff into silence (even among one another), Battistelli now pays some firms to lie for him and present the lies while staff representatives are blocked from entering the presentation

  28. As Expected, Benoît Battistelli Puts Longtime Ally Roland Grossenbacher on Top of Boards of Appeal

    Benoît Battistelli's predecessor Roland Grossenbacher, who has a track record of protection and support for Battistelli (no matter the magnitude of abuses), reportedly takes a key position with Battistelli's approval, debunking the notion that the appeal boards will enjoy greater (perceived) independence from the Office

  29. UPC Preparatory Committee Projects Optimism in an Effort to Salvage Its Dying Project, the Unitary/Unified Patent

    Refusing to let the UPC stay in its grave, Team UPC keeps digging up and dishing out UPC misinformation, in front of an audience that need not be preached to as it's already converted (effectively an echo chamber)

  30. Outline of Latest Press Coverage Regarding the European Patent Office (EPO)

    European media is beginning to cover scandals associated with the European Patent Office (EPO), in spite of Battistelli's attempt to silence and manipulate it, at the expense of millions of Euros per year


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