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12.01.11

Apple is Losing Its Mind and Its Cases Against Linux

Posted in Apple, GNU/Linux, Google at 7:50 pm by Dr. Roy Schestowitz

Linux; Apple is for obedience and anti-Microsoft sentiment

Summary: Apple — the best money can buy?

APPLE was hoping to magically embargo its competition (Linux-based) in one fell swoop. Apple followers who think with their ego and not with their mind might think this is just, but it is a total abuse of everything we know about due process and adherence to law. According to reports, Apple is still trying hard to ban, ban, ban. Apple is a disgraceful company, a sore loser. To quote:

Apple is now seeking yet another ban on Samsung’s modified Galaxy Tablet in Germany. The iPad maker earlier succeeded in getting a ban on Samsung’s Galaxy tab in Germany in a ‘moronic’ ruling by the Düsseldorf court.

Meanwhile in Australia, Apple loses the case, which might make one wonder if Apple fraudulently files a lawsuit to just take the competition off the shelves (like false DMCA claims). Apple targets trolls-friendly courts and presents fake evidence. For that too Apple should probably have legal action (maybe antitrust) invoked. Apple is just out of control. Here is one report about Apple’s case falling apart:

Chalk one up for Samsung in the great patent rumble of 2011; the company has had Apple’s sales ban on the Samsung Galaxy Tab 10.1 overturned in Australia.

Federal Court Justice Lindsay Foster has reversed the sales ban, as was predicted late last week, although it’s still in place until Friday this week.

There are British reports on this and they put things in context:

Samsung has been handed a rare win in its patent battle with Apple, with Australia’s Federal Court deciding to overturn the injunction that prevents it from selling its Galaxy 10.1 tablet in Australia.
Originally, a single judge of the court, Justice Annabelle Bennett, had granted Apple’s request for an injunction against the sale of the fondleslab, triggering a complaint from Samsung that it would miss the opportunity for Christmas sales of the product.

However, in a full bench sitting, Justices Dowser, Foster and Yates have decided the device can hit the stores after all – although it’s not known to The Register how long Samsung will need to get shipments into the country and in front of punters. The only hint is earlier evidence that devices could land here within seven days.

Apple and Samsung are involved in an increasingly-bitter – and spreading – battle over fondleslab patents, with each accusing the other of patent violations. Apple says the Galaxy 10.1 is a slavish copy of the iPad, while Samsung is focussing on the internals, dragging in patents covering wireless technologies that are part of the 3G standard.

It is Apple that started this. It showed its inability to catch up with Android/Linux.

Take a look at Apple land for a day. The battery issues are widely reported even in Apple forums and phones go on fire. It’s defective, overpriced junk with an Apple logo on it. Quality control is MIA. To quote:

Where there’s smoke, there’s…if not exactly fire, how about a glowing red iPhone on an airplane? No really, someone’s iPhone apparently turned the color of molten rock (aka “lava”) and began venting “dense smoke” on an Australian regional airline last week, prompting a flight attendant to break out the cabin’s fire extinguisher.

Apple — the best money can buy?

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17 Comments

  1. Michael said,

    December 1, 2011 at 10:17 pm

    Gravatar

    FUD:

    Apple is Losing Its Mind and Its Cases Against Linux

    Apple has no case against Linux – neither a legal court case nor any argument they have made against Linux.

    FUD:

    APPLE was hoping to magically embargo its competition (Linux-based) in one fell swoop.

    When did you get a job as an Apple spokesman? Apple responded to attacks by those who make Android devices. This has nothing to do with Linux, unless you think Linux is somehow responsable for the attacks against Apple.

    And you have seen the evidence for the attacks against Apple. Do not pretend otherwise (as you do in this article).

    FUD:

    Apple followers who think with their ego and not with their mind might think this is just, but it is a total abuse of everything we know about due process and adherence to law.

    Suing people is *not* an abuse of due process of law – it is a part of due process of law.

    FUD:

    Apple is a disgraceful company, a sore loser.

    Apple still is making more money from its iPhones than all Android phones. Combined. And Apple customers are still the most satisfied of any phone makers. And, based on a reference you provided, Apple is still the number one most “loved” company, whatever that means.

    In other words: Apple is winning. Still. So how can the winner in a market be a “sore loser”? You are just making things up, Roy.

    FUD:

    Meanwhile in Australia, Apple loses the case, which might make one wonder if Apple fraudulently files a lawsuit to just take the competition off the shelves (like false DMCA claims).

    The reference you pointed to does not indicate Apple lost any court case.

    FUD:

    Apple targets trolls-friendly courts and presents fake evidence.

    Apple takes those who do them wrong to court. Oh no! To your credit, though, you are now noting Apple *presented* fake evidence – before you lied and claimed there was evidence they faked it. The reality is there is no evidence they even knew the evidence was altered. Seriously, congrats on backing down from that lie of yours.

    FUD:

    It is Apple that started this. It showed its inability to catch up with Android/Linux.

    Apple is not the one who started this.

    Your claims is an out and out lie. As far a needing to “catch up with Android/Linux” – remember, Apple is still well ahead in the two metrics that matter: profits and user satisfaction. So how does the leader “catch up” to the followers? Your claims are nonsense.

    FUD:

    It’s defective, overpriced junk with an Apple logo on it. Quality control is MIA.

    And yet its customers are more satisfied with their products than the customers of any other smartphone maker. Your claims do not match the facts.

    Apple — the best money can buy?

    Depends on your needs – but, yes, this is often the case. Still, often something less than the “best” will serve you well and be cheaper. And sometimes something other than the “best” will have features important to you.

    Use what works for you: iOS, Android, or something else. But please, Roy, drop your poor whiney attitude and get over your envy.

    mrkennie Reply:

    “And yet its customers are more satisfied with their products than the customers of any other smartphone maker. Your claims do not match the facts.”

    I’m probably In danger of feeding a troll but anyway, I used to own an iPhone for two years and for some reason I grew to hate it. I now have an Android phone and I love it. They are both with problems but I much prefer Android to the iOS. Additionally, out of my friends that currently or previously owned an iPhone, only one of them is happy with it but that’s only because he got it for free, and he likes shiny things.

    Michael Reply:

    Oh, I am not saying there will not be counter-examples. When they do the reports on general trends of how satisfied customers are it would be foolish to think every single customer will have the same thoughts.

    My point was a general one: in pretty much every survey, iPhone users are far more satisfied with their products than the users of any other smart phone. Combine that with the fact Apple makes far more money off the iPhone than anyone makes from any other phone and it is clear they are the “winner” in the two most important metrics (which is not to say others are not also successful or that we need to buy into Roy’s silly world where there is one winner and everyone else is a loser).

    In any case: Roy completely ignores this success – Apple being in the top position – and claims they are “sore losers”. How can the company that is in the top position in *both* key metrics (user satisfaction and profit) be considered to be a “loser”? It is irrational and utter nonsense.

    But I get how he comes to this biased conclusion: yes, there are more Android devices than iOS. And many of these devices are low end / cheap. This is the norm for pretty much any industry – you have companies making cheap junk which sell lots of stuff. Not all of the Android devices fit this category – but some do. So, of course, they sell a lot. Nobody is saying they do not – but why focus on this one rather meaningless metric and ignore the more important ones? Easy: because doing so fits Roy’s extreme bias.

    Heck, even Roy has described his feelings toward Apple as “envy”. He needs to let go of that and try to be rational.

    mrkennie Reply:

    Can you provide the sources of the these surveys?

    I think the real envy is coming from corporations like Apple and Microsoft who are typically not used to competition except with each other (albeit, in a very minor way) so they resort to patent trolling. If their products really are that good then why do they need to attack Android/Google/Linux/?

    Michael Reply:

    Can you provide the sources of the these surveys?

    Sure… with a few seconds of searching:

    http://mashable.com/2011/09/09/apple-customer-satisfaction-survey/

    Apple leads U.S. smartphone manufacturers in customer satisfaction, according to a new survey by J.D. Power and Associates.

    It’s the sixth time in a row the Cupertino giant has topped this survey. Apple scored 838 points with great marks in all areas, particularly ease of operation and features.

    Sixth time in a row.

    http://www.redmondpie.com/?p=41357

    Because of their tight integration with iTunes, easy to use software and powerful features, iOS devices generally get higher satisfaction rates than, say, Android devices which, despite being quite powerful, aren’t as easy to use (this is coming from an Android enthusiast). The latest smartphone from Apple – the iPhone 4S – is no exception as results of a recent survey indicate that the iPhone 4S has the highest customer satisfaction ratings for any Apple smartphone yet.

    The survey was conducted by ChangeWave Research – an independent survey research firm – in which they asked over 200 iPhone 4S owners to give their opinion on their new shiny new smartphone as well as notify the firm of their most liked/disliked features.

    The results suggest that the iPhone 4S has a 96% satisfaction rate, with 77% stating that they were “very satisfied”, 19% indicating that they were “somewhat satisfied” while only 2% said that they were “unsatisfied”.

    And an older one:

    http://goo.gl/pwL4S

    Despite the rate of dropped calls in major metropolitan areas like New York City, iPhone owners love their handsets as evidenced in a recent survey from CFI Group. The iPhone scored an 83 out of 100 in customer satisfaction and set the pace for all other smartphones, according to IntoMobile.

    In fact, I merely did a search for smartphone user satisfaction 2011 and did not find a single counter example. Try the search yourself. Look at the results. Apple simply gets top results at least most of the time. It is also true in the PC industry… Apple earns top marks there, too (though I did find *one* survey which went against this).

    I think the real envy is coming from corporations like Apple and Microsoft who are typically not used to competition except with each other (albeit, in a very minor way) so they resort to patent trolling. If their products really are that good then why do they need to attack Android/Google/Linux/?

    Huh? Why would they protect their products and innovation if they are good? That makes no sense… why would they not? Really, that is just so backwards I cannot imagine where you are coming from. Why protect something unless it is of value?

    mrkennie Reply:

    Apple have nothing to worry about then do they? Even though they have clearly demonstrated quite the opposite.

    Michael Reply:

    What do you mean Apple has nothing to worry about? And what “demonstration”? Are you talking about being worried about Samsung and others acting in dishonest ways to compete and Apple reaction to that?

    mrkennie Reply:

    I mean exactly that. If they can’t compete, they troll software patents and attack everything that stands in their way. Ooh, just like Microsoft!

    I’m not saying that Samsung etc are innocent but it’s all about software patents, extortion and control. Apple actually used false evidence in the German case against the Galaxy Tab. What does that tell you about Apple? What other sly tricks are they willing to use in order to block the sale of a competing product for instance?

    Michael Reply:

    Ah, you think that if they could not compete, which they clearly can (top profits and customer satisfaction) they would sink to doing things they should not. Well, who knows – that is hypothetical enough where it does not really matter to me.

    Oh, and with the “false evidence”, yes: Apple used evidence that was false – but is there any evidence they know of this? Not that I have seen: I have seen evidence that they were given images and not allowed to verify them. But I am sure they have done things I would disagree with in their reaction to the attacks agains them. I suppose when you have a war pushed on you, as Apple has, those things happen. I do not excuse them but I will not vilify them for not reacting perfectly to such attacks.

    mrkennie Reply:

    Good for you, and the rest of us can live long and prosper.

    Michael Reply:

    LOL!

  2. NotZed said,

    December 1, 2011 at 10:58 pm

    Gravatar

    Well, Australian courts are showing what a joke they are, they’ve extended the ban another week – rather puzzling after the ruling on Wednesday saying it should never have been instated in the first place.

    http://www.smh.com.au/digital-life/tablets/samsung-galaxy-tab-ban-extended-by-high-court-20111202-1oac8.html

    Also rather puzzling for some expert to claim an extra week is no biggie in the last few weeks leading up to xmas, the main festival of materialism around here.

    earlier article with more info about the overturning:
    http://www.smh.com.au/technology/technology-news/samsung-tablet-gets-nod-but-apple-fights-on-20111130-1o72m.html

    “In their judgment, the justices said that Justice Bennett ”failed to evaluate” the competing constructions of Apple’s heuristics patent. ”She should have found that there was no arguable case of infringement of the heuristics patent,” ”

    I read a few articles about this this morning, and It’s sad to see so many commenters talking about ‘stealing ideas’, but then again, it’s heartening to see a good number of people being turned off by the bully’s behaviour and being unhappy with the enforced limits of their toys.

    Michael Reply:

    What a joke… they dare to disagree with you!

    Darn courts!

    walterbyrd Reply:

    Straw man. The problem is: the courts have disagreed with themselves. The courts are not honoring their own decision.

    Michael Reply:

    The courts have yet to come to a final decision.

    Bottom line is Apple’s complaints are being taken seriously enough to warrant at least some level of action before the court has even made a final decision.

  3. mcinsand said,

    December 5, 2011 at 4:43 pm

    Gravatar

    This is not just the rise of Google and Linux, but the rise of Choice, Control, Flexibility, and Principles, which are anathema to Apple. Linux is a huge threat to Apple, especially now that they have managed to actually achieve a market presence. People with more money than technical awareness have always flocked to Apple away from MS’ malware magnets, and it has been a choice between reliability/security versus flexibility/economy. Now that users can have a choice of hardware without giving up security, flexibility, reliability, ease of use, and just plain fun, Apple stands to lose a lot, even if not as much as MS. For decades, Apple has been rightfully in the shadows, even if kept going by their drooling cultmembers (and that massive cash influx from MS in the 1990′s to stave off the DOJ). With the rise of Android, they will no doubt go back where they belong. MS, on the other hand, will probably go to the historic dustbin, unless they learn to adapt and somehow mold to a Redhat-like model.

    Your point about ego is a good one, and all too handy for marketing. Those with egos dependent on their shiny toys are perfect targets for ‘journalists’ that want to sell advertisements.

    Michael Reply:

    FUD:

    This is not just the rise of Google and Linux, but the rise of Choice, Control, Flexibility, and Principles, which are anathema to Apple.

    This is absurd. Apple does nothing but offer additional choices to people – they *never* take choices away. If you prefer to use a non-Apple product, as I often do, then do so. Apple does *nothing* to stop that. Nothing.

    FUD:

    Linux is a huge threat to Apple, especially now that they have managed to actually achieve a market presence. People with more money than technical awareness have always flocked to Apple away from MS’ malware magnets, and it has been a choice between reliability/security versus flexibility/economy.

    You say this with no support – there is nothing saying users of Apple products have less technical awareness. In fact, some studies have shown they use more programs and are more aware of their technology.

    In short: you made that up.

    FUD:

    Now that users can have a choice of hardware without giving up security, flexibility, reliability, ease of use, and just plain fun, Apple stands to lose a lot, even if not as much as MS.

    Both OS X and iOS have higher user satisfaction ratings than do their competitors (Windows, desktop Linux, Android, etc.).

    FUD:

    For decades, Apple has been rightfully in the shadows, even if kept going by their drooling cultmembers (and that massive cash influx from MS in the 1990′s to stave off the DOJ).

    Massive influx? Give me a break. And cult members? What? Perhaps you are thinking of the FSF and its followers?

    FUD:

    With the rise of Android, they will no doubt go back where they belong. MS, on the other hand, will probably go to the historic dustbin, unless they learn to adapt and somehow mold to a Redhat-like model.

    Yeah, Apple will crumble any day. LOL!

    FUD:

    Your point about ego is a good one, and all too handy for marketing. Those with egos dependent on their shiny toys are perfect targets for ‘journalists’ that want to sell advertisements.

    Your post is all about your own ego and nothing else.

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