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. Microsoft Continues to Use Software Patents to Extort/Blackmail Even More Companies That Use Linux, Forcing/Coercing Them Into Preinstalling Microsoft

    Acer is the latest large OEM to have become a victim of Microsoft's witch-hunt against Android/Linux preloaders, whom Microsoft is coercing into becoming Microsoft's carriers (or face litigation over software patents, with high legal fees if not injunctions or high damages upon secret settlements)



  2. EPO Brain Drain (Even Directors Fed Up With Team Battistelli) and Rumours About Battistelli Becoming President of the UPC

    Words heard through the grapevine of the European Patent Office (EPO), where staff is overwhelmingly against the managers and some people, including high-profile staff, add to the exodus



  3. More Than 20 Years in the Line: European Patent Office and Claims of European Convention on Human Rights Infringement Against Applicants/Stakeholders

    Gross incompetence and potentially an infringement of the European Convention on Human Rights at the European Patent Office (EPO), this time impacting an applicant (one of many in a similar position)



  4. UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

    The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see



  5. Member of European Parliament Brings Up “Ongoing Violations of the Fundamental and Employment Rights of the Staff of EPO”

    Question to the European Commission from Portuguese MEP Ana Gomes, as published in the site of the European Parliament



  6. La Oficina Europea de Patentes Pretende que No Pasa Nada y Prepara una Feria de Vanidad

    La estrategia de relaciones públicas de la OEP cuya destructiva estrategia de patentes continua sin disminución (por ahora), se engancha en Colombia y se esfuerza en manufacturar el mito donde el público, examinadores de patentes, y aplicantes de patentes todos estan muy felices con la OEP.



  7. La ‘Internacional’ Commisión de Comercio Impone/Reenfuerza Patentes de Software para Establecer Otro Embargo

    La Comisión Internacional (sic) de Comercio se esta entrometiendo en competición de nuevo permitiendo a un gigante de los Estados Unidos Ciso en este caso, a potencialmente bloquear rivales (no importaciones del extranjero) usando patentes de software.



  8. Links 9/2/2016: Linux in Robotics, Hyperledger Project

    Links for the day



  9. Besieged Benoît Battistelli Mimics 'Damage Control' Tactics of FIFA or Blatter as More Judges Start Getting Involved in EPO Scandals

    Rumours and a new rant from Battistelli reinforce suspicions that actions are being organised behind the scenes, possibly as part of an upcoming, high-level campaign to unseat/dethrone Battistelli, who has become a reputational disaster to the European Patent Office (EPO), much like Sepp Blatter at FIFA



  10. Several Political Parties Directly Challenge the European Patent Office for Ignoring the Law, Not Obeying Court Orders

    Politicians make it crystal clear that the EPO, despite its unique status, cannot just raise its nose at the rulings of courts of law, definitely not in Dutch territory where the EPO operates



  11. Even the Legal Community is Upset at Benoît Battistelli for the Damage He Did to the EPO

    A recent article from lawyers' media (in German) speaks of the great damage (or mess) left by its current president, who has become somewhat of a laughing stock and growingly synonymous with farcical trials even in the circles of stakeholders, not just his own staff



  12. EPO Union (SUEPO) Getting Busted: “More and More People are Joining the Union, but Fewer and Fewer People Dare to Take on Leading Positions There.”

    The union-busting actions taken by EPO management in collaboration with Control Risks (for weak accusations against staff representatives) and FTI Consulting (for 'damage control') as described in a recent article, in the words of SUEPO lawyer Liesbeth Zegveld



  13. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  14. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  15. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  16. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day



  17. The European Patent Office “is Acting as Though the Law Does Not Apply to It.”

    An article from Nieuwsuur which provides the words of Liesbeth Zegveld (for SUEPO) and Guillaume Minnoye (for the European Patent Office), reaffirming the EPO's bizarre notion that it is above the law, even in the face of human rights violations and a court ruling against the EPO



  18. Microsoft-Connected FRAND Lobbying (Software Patents Against Free/Open Source Software) in Brussels

    Anti-Free/Open Source software (FOSS) talking points and FRAND (anti-FOSS) lobbying groups in Brussels as seen by proponents of FRAND, who also worked for Microsoft



  19. Latest Propaganda From the EPO's Management an Effort to Make the EPO the Tool of Megacorporations

    A quick roundup of some of the latest spin and paid-for (bought) coverage that helps introduce a distorted patent system whose beneficiaries are not European (or even people)



  20. 'Aversion to Change' Propaganda From the EPO Echoes or Parrots Lenin and Stalin

    The out-of-control EPO management is trying to fool the media by blaming staff representatives for getting fired, simply because they stood up to a highly abusive and megalomaniacal dictator



  21. The Gates Foundation Subjected to Criticism, But Over a Decade Too Late

    Reckoning and accepting the fact that even some in the media now openly speak about Bill Gates' corrupting influence in everything, including politics



  22. Links 8/2/2016: Zenwalk 8.0 Beta 2, Q4OS 1.4.7

    Links for the day



  23. SIPO (China's Patent Office) Taken Over by Patent Maximalists

    A look at China's race to the bottom (decline in quality) when it comes to patents, assuming quite wrongly that quantity is more important than quality and severe penalties for perceived infringement will spur innovation



  24. The Alice Case Continues to Smash Software Patents (This Time OpenTV's); Will the EPO Ever Pay Attention?

    The potency or the grip of software patents in the United States is quickly eroding, but the EPO continues to act as though software patents are legitimate



  25. EPO Staff Responds to Team Battistelli's Expansion to Include French Economic Propagandist on the Payroll

    With strings attached (like string puppets of Battistelli in various units including the Investigative Unit), can the new Chief Economist, who is French and paid by Battistelli, ever be trusted?



  26. UPC: To Understand Who Would Benefit From It Just Look at Who's Promoting It (Like TPP)

    The UPC, which is designed to aid patent trolls and aggressors (and their lawyers), is still being advanced by the EPO and some misinformed (but loyal to these former groups) politicians



  27. Trolls Molestos: Rovi (del famoso Angry Birds) Ayuda al Más Largo Troll de Patentes de Microsoft Intellectual Ventures (Corregido)

    Alguna vez conocido como hacedor de juegos y más tarde como vigilancia en masa en jugadores, Rovi ahora se ESTA ALIANDO CON EL MÁS GRANDE TROLL DE PATENTES



  28. Estadísticas de Invalidación de Patentes y Costos de Litigación de Patentes (incluso si son falsas) Muestran que la Esfera de Patentes y los Estándares de Examinación son un Probleman, No Sólo en Los Estados Unidos

    Demasiadas falsas patentes que no deberían haber sido otorgadas en primer lugar y fraudulentes jucios de patentes que terminan en favor del acusado sirve para mostrar el costo externo (o externalidad) cuando set trata de un bajisímo sistema de patentes que se esfuerza en otorgar muchas patentes irrespectivamente de su mérito.



  29. The 'Offenses' of EPO Staff Representatives Boil Down to Truth-Telling

    Dutch television examined the documents of the mock 'trials' against SUEPO leaders and concluded that whistle-blowing (i.e. exposing abuses by EPO management), not misconduct, is the reason for overzealous dismissals



  30. Rumours About Dismissal of Benoît Battistelli and New Letter From Union Syndicale Federale Blasting Battistelli's Behaviour

    hings have been heating up since the dismissal of staff representatives at the European Patent Office (EPO) and some even spread rumours about withdrawal/dismissal of the EPO's President


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