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. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  2. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  3. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  4. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  5. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  6. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  7. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  8. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  9. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  10. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  11. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  12. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day



  13. Like the EPO, Taiwan/China (SIPO) Harm SMEs With a Policy of Patent Maximalism Which Fosters Litigation, Not Innovation

    A culture of patent maximalism breeds plenty of lawsuits in China (good for the legal ‘industry’), but small companies that are innovative lose focus and resources, just like in Europe where SMEs are discriminated against



  14. Bristows Continues to Lie About Unitary Patent (UPC) in Britain Only to Get Rebutted in Comments, As Usual (Criticism Not Deleted Yet)

    The latest wave of posts (typically from Bristows) which herald an arrival of UPC in Britain are not just delusional but also constitute terrible legal advice



  15. The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

    The EPO's push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC



  16. European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

    European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these



  17. Antonius Tangena From the European Patent Institute (EPI) 'Aids' Željko Topić's Appointment at the European Patent Office (EPO)

    An E-mail from Antonius (Tony) Tangena reveals a degree of coordination between the EPI and the EPO -- a potentially inappropriate action that can be seen as a cover-up attempt



  18. SUEPO Announces Protest, EPO Distracts From the Scandal, and Readers Spill the Beans

    Readers have sent some additional details regarding the EPO "backstory" that we wrote about this morning



  19. EPO Scandal Spills Over to Irish Media, So It's Time for the Backstory

    A lot more is being revealed by the media this week (regarding the EPO's "war on judges") and now that it's a more 'mainstream' subject we can shed light on the background to it



  20. Battistelli's EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

    The tyranny of the EPO is made abundantly clear for all to see -- ILO included -- but will there be consequences for repeated violations by Team Battistelli?



  21. Links 7/12/2017: Qt 5.10, ReactOS 0.4.7, Guix and GuixSD 0.14.0

    Links for the day



  22. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)

    As expected by realists (or pessimists), the EPO continues to act as though it's above the law and even judges suffer miscarriage of justice against them



  23. ILO Said Give the Judge His Job Back, But Christoph Ernst's Administrative Council Will Likely Let Him Go (Unemployed)

    Another potential EPO scandal in the making, as after waiting for 3 years the illegally-suspended judge might get his job back for only 3 weeks



  24. Watchtroll, AIPPI, Bristows and Others Keep Pushing Software Patents Agenda (in Spite of the Ban)

    Pressure groups and front groups of the patent microcosm (e.g. AIPPI) -- sometimes even the patent microcosm acting directly -- are still trying to make software patents legitimate, usually behind closed doors, e.g. in private events where only the patent microcosm can debate the subject (no software developers allowed)



  25. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court's Orders (Again)

    People already speculate about how Battistelli will attempt to come up with excuses for noncompliance (and ongoing violation of the EPC as well as ILO code)



  26. Battistelli's 'Mole' Lucy Neville-Rolfe is Still Trying to Push Unitary Patent (UPC) Through in the United Kingdom

    Lucy Neville-Rolfe is back only to tell a bunch of lies about the UPC in British Parliament and Team UPC -- the prosecution 'industry' which has been driving this entire monster -- could not be happier



  27. ILO is 'Forcing' Team Battistelli to Compensate the Banned Judge and Give Him Back His Job

    ILO has, for a change, done some justice, but it comes three years too late and the compensation level (after salary got halved) is laughable, especially considering costs associated with legal fees and moral/reputational damage



  28. International Labour Organisation/ILOAT for UPC Yet Another Problem for Unitary Patent-Style Regime

    Seeing systematic misuse and abuse of justice at the EPO, people come to realise that Europe cannot afford to create a structure like the Unified Patent Court (UPC)



  29. CEIPI and EPO: The Story So Far

    Battistelli's dubious French connection and Christoph Ernst's obvious need to step in (not that he would ever do that)



  30. The Electronic Frontier Foundation (EFF) is Calling for Greater Transparency at USPTO and US Patent Courts

    Digital rights groups such as the Electronic Frontier Foundation still insist that it is difficult to tackle patents, challenges (e.g. at PTAB) and legal actions given the current tools and publicly available data


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