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

05.19.12

Apple Patent Wars Make Android Devices Less Attractive, Everyone Suffers

Posted in Apple, GNU/Linux, Google, Patents at 4:46 am by Dr. Roy Schestowitz

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights

Summary: Bits of patent news regarding Apple and its patents

THE tales of HTC versus Apple are further complicated now that HTC removes features to dodge Apple patents. As one site put it:

The HTC One X for AT&T and Evo 4G LTE for Sprint already bear the distinction of being the first Android devices to face an import block at US Customs for potentially infringing an Apple patent, but the ignominy may be fleeting: sources tell us that HTC’s US devices use a customized version of Android that removes the offending “data tapping” feature. That’s confirmed by our own examination of an AT&T One X and Sprint Evo 4G LTE, neither of which exhibit the key behavior excluded from importation into the US by the International Trade Commission, and which both include a new settings screen not present in the international One X.

The customer clearly won’t benefit from this. Oracle in the mean time is fighting against the very heart of the platform and its mind is changing;

Both legal teams in Oracle’s lawsuit against Google had recently seemed determined to end the case as efficiently as possible; however, things took a turn for the complicated during the latest proceedings. When the final statements in the patent portion of the suit were concluded, Oracle’s team of lawyers went back to discuss the issue of damages once again, with Judge William Alsup surprising attendees by revealing that he had, in fact, spent time programming before.

The Oracle case against Android helps Apple and the longer it goes on for, the less confident developers will feel about developing for Dalvik. Apple is the mean time is hammering on HTC, which received patents from Google:

In its latest legal salvo, the iPhone maker has asked the ITC to dismiss five patents that Google issued to HTC last year.

All those patent fights among giants are harming everyone. Google ought to just do more to squash all software patents. Its current approach leads to the perception that software patents can be balanced. As this new post puts it:

Big Player Patent Battles Trickle Down to Everyone

[...]

When you look around at the news these days, you know that IP law is having a big impact on how big companies are spending their money. It seems that every company is playing defense with patents instead of taking the time innovate. High profile purchases such as Google buying Motorola Mobility was probably driven more by the company’s patent cache more than its technology holdings.

It has become clearer that all software patents — no matter whose — need to go. They in no way serve the common good.

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

4 Comments

  1. chesterdkat said,

    May 19, 2012 at 12:11 pm

    Gravatar

    Duh, I think that’s something called “intellectual property”. It’s a protection provided in capitalist countries. You know, like what the United States used to be before January 2009…

    Narrator Reply:

    The USA has been a fascist country ever since 1913 when a privately owned company (The Federal Reserve) merged with the State.

    If schools could teach history people would know Capitalism made the US such a great country. We need Capitalism. We need a market controlled by the people and not by the corporations.

    When Apple (a privately owned company) hires a swat team (the State) to raid someone’s house – that’s not Capitalism – that’s Fascism.

    chesterdkat Reply:

    Yes, I saw versions of that “facist” story on the “Internet”. Which blogger has it nailed?

  2. Michael said,

    May 20, 2012 at 11:27 am

    Gravatar

    If you want to get rid of patents that is great – but how do you deal with plagiarism in the industry. There is a lot of it. Do you just accept it as the cost of business? Do you ignore it? Do you just hope people will be nice and it will go away?

    What is your answer? You complain about the current system a great deal but have no alternatives to suggest in terms of protecting the investments / innovations companies make.

    Largely, Roy, it comes down to you knowing that the OSS ecosystem cannot compete on a level playing field (on desktop products at least, and apparently your fear stretches to hand-held devices) – so much of OSS is designed to be a cheap knock-off of the “real” thing.

    I have more faith in the OSS world – I think they can and should be able to come up with innovative products which are not just the results of plagiarizing the works of others. And I think these products can be excellent. Of course, by the nature of being OSS, others can and do use those ideas more freely than the ideas of groups which opt to protect their IP in an more stringent way. That is the “cost” of electing to use an open source model – you are agreeing that others can use your ideas and “plagiarize” freely. If you do not want them to, use a different license.

    But to insist that others must adopt a license more like the one you prefer is just insane. No: companies have choice and to take it from them, as you want, is not right. The “Free” community talks a big talk when it comes to the concept of choice, but when push comes to shove, the only choices they will accept as being valid are the ones they would make. This is not *real* choice.

    Support choice. Let companies protect their IP the way they see best to do so – even if you disagree with it and think it is harmful to the company or to you. If someone thought open source was harmful would you want them to be able to take that choice away? I certainly would not… but that is the type of thinking you show: people should not be able to eliminate the ability of others to make non-harmful choices simply because they do not like those choices.

    Your right to swing your arm ends where my nose begins. Company X protecting its own IP and working to reduce others plagiarizing it does not infringe on anyone’s rights… thus there is no reason to be against it. Even Stallman agrees with this and protects his IP with licenses much more restrictive than the GPL – when he sees fit to do so.

What Else is New


  1. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  2. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  3. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  4. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  5. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  6. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  7. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  8. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  9. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  10. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  11. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  12. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  13. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  14. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  15. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  16. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  17. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  18. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  19. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  20. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  21. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  22. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up



  23. A Surge of Staff Complaints About the European Patent Office Drowns the System, Disservice to Justice Noted

    Self-explanatory graphs about the state of the justice [sic] system which is prejudiced towards/against EPO workers, based on internal reports



  24. Links 16/8/2016: White House Urged by EFF on FOSS, Go 1.7 Released

    Links for the day



  25. Links 15/8/2016: Linux 4.8 RC2, Glimpses at OpenMandriva Lx 3.0

    Links for the day



  26. Clawing Back the Staff Benefits at the European Patent Office (EPO)

    Staff of the EPO is leaving (or retiring) in droves as abusive management continues to be the norm and staff benefits are being taken away or gradually revoked



  27. The Patent Microcosm is Panicking and Spinning Alice/§ 101 Because US Software Patents Are Still Dying

    A look at recent developments in the software patents scene in the United States, with increased focus on (or fear of) the Patent Trial and Appeal Board



  28. 21,000 Posts in Techrights in Less Than a Decade

    This post is the 21,000th post and the next one will make it more than twenty-one thousand posts in total. We are turning 10 in November.



  29. Patent Microcosm Shuts Out the Poor: Unified Patent Court (UPC) Promotion by Practising Law Institute (PLI) Only for the Wealthy

    The people who are profiting from patent feuds, disputes, lawsuits etc. are still trying to muscle their will into European law and they keep the general public out of it by locking down (or pricing out of reach) their meetings where they influence/lobby decision-making officials



  30. The United States Has a Growing Patent Trolls Epidemic as Very High Proportion of Lawsuits Filed by Them

    A look at the high proportion of patent lawsuits that are filed by entities that make nothing at all and thus serve no role whatsoever in innovation


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