07.10.12

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Apple Suffers Boycotts From Own Followers Due to Patent Aggression

Posted in Apple, GNU/Linux, Google, Patents at 5:17 pm by Dr. Roy Schestowitz

Apple aspires to be the next Microsoft (in the bad sense)

Apples

Summary: The apples are rotting after largely failed attempts by Apple to embargo the competition

WE OUGHTN’T lose sight of Apple’s attacks on Linux, however indirect or subtle they may be. Some reports say that even Apple followers are fed up with it. To quote: “A new movement has started on the social “networking sites it’s called BoycottApple. We noticed that even the hardcore Apple users have come out in protest of what Apple is doing against its competitors.”

“A new movement has started on the social “networking sites it’s called BoycottApple. We noticed that even the hardcore Apple users have come out in protest of what Apple is doing against its competitors.”
      –Muktware
SJVN, who is not usually against Apple (his wife uses a Mac), writes about the Koh decision, calling Apple’s patent lawsuits “lousy”. He wrote: “U.S. District Judge Lucy Koh in San Jose, California, has granted Apple’s request to halt the sales of Samsung’s Galaxy Tab, which runs Google’s Android operating system. The Galaxy Tab’s crime? It looks writes a tablet.

“No. I’m not making that up. Judge Koh claims that “Samsung appears to have created a design that is likely to deceive an ordinary observer.” True, from a distance of ten feet, it’s not easy to tell them apart. It’s not easy to tell any tablet apart from any other tablet at that range. Most people I know prefer to use tablets at arm’s reach, but that’s just me.

“Apple’s legal case rests on a single design patent, USD504889. In it, Apple claims “the ornamental design for an electronic device, substantially as shown and described.” You can see Apple’s patented design for yourself in this story. Looks pretty much like a tablet doesn’t it? Do you see anything about it what-so-ever that looks unique?”

The Nexus ban is temporarily lifted, so Apple’s strategy is hardly working at all. It’s just alienating journalists and/or clients. Oracle’s (or Ellison’s) attacks on Android failed to impress the now-dead Steve Jobs, who is Ellison’s best friend. Oracle lost all cases and Google is now demanding millions from Oracle. To quote Pamela Jones, “Google has filed its Bill of Costs [PDF] in the Oracle v. Google case — $4,030,669 is the whopping total it would like Oracle to have to pay.” This is also covered here.

Apple also failed in the UK, where “Colin Birss (sitting as a Judge of the High Court, UK) said that Galaxy Tab does not infringe upon the design of Apple’s iPad. The judge said that Galaxy Tab is not identical to the iPad even if there are some similarities but that doesn’t account to design infringement. The judge actually criticized Samsung’s design by stating that they “do not have the same understated and extreme simplicity which is possessed by the Apple design.””

“The company is being sued by patent trolls for the most part; contrariwise, Apple sues non-troll (i.e. producing) companies.”Apple continues to collect multitouch patents in vain. In fact, Apple itself is being sued for patent violations such as this. Back in June Apple got sued for other alleged violations, but do not cry for Apple. The company is being sued by patent trolls for the most part; contrariwise, Apple sues non-troll (i.e. producing) companies. As one writer put it, “When patents protect Apple, are they okay?”

Of course not.

Apple cannot sue troll, so when it sues it will usually be an aggressive display of power. The WSJ published an article titled “‘Silly’ Apple and Google”. To quote: “There were great expectations when technology giants Apple and Google squared off in court, each accusing the other of violating its patents in competing mobile phones. No one expected this case would end in a whimper, with one of the country’s most influential judges dismissing the claims as “silly.””

Yes, Apple is a silly company capitalising on some “silly” people who overpay for products that Apple merely brands. Android sites are growing angry at Apple, with headlines like “Judge Who Threw Out Motorola V. Apple Thinks We Don’t Even Need Software Patents”. To quote: “One of the best things about this ongoing patent war between every mobile phone company in the business, is that it’s finally starting to attract attention to how crazy it is all getting. Judge Richard Posner recently threw a case out of his court that involved Motorola and Apple and did so with a little bit of a flair. Luckily for us, Posner is one of the most respected Judges in the States right now, and he has started to put his mind behind this whole patent system.

“Posner recently sat down for an interview after being thrust into the spotlight after his decision on Moto v. Apple. Posner has been seen by many in his field as a visionary rather than following the rules as they state. This outlook is what causes him to think critically about cases and come up with thoughts like “most industries don’t need patents.” Posner said that in the smartphone industry, patents are “a problem. You just have this proliferation of patents.””

Similiar article with slant against software patents appeared in major news sites [1, 2, 3] and Motorola receives some good publicity. Here is a summary of “The Mobile Tech Patent War: A History Of Nokia vs. Apple vs. Android vs. Microsoft”

“The monopolist continues to amass patents, but it’s not just about Microsoft anymore. We must also track Apple.”To quote the part about Microsoft: “Microsoft Corp filed an International Trade Commission complaint against Motorola in October 2010 for infringing nine patents. Motorola responded the next month with its own ITC complaint against Microsoft for infringing 16 patents.

“In May, the U.S. trade panel ordered an import ban on 18 infringing Motorola devices, which has not yet taken effect.”

In May we saw Microsoft’s aggression paying off, leading to blockades like Apple’s. This went to trial and the ITC collaborated with Microsoft. In order to drive away Microsoft with its embargo-happy aggression Motorola did offer to settle, but Microsoft did not take it. Some corruptible members of congress took the side of the abusive aggressive monopolist in front of the ITC, showing just how deep Microsoft’s influence in the US government is running. It was about the fires-causing gaming box that the Microsoft-funded Obama infamously likes to name a lot (free advertising). The monopolist continues to amass patents, but it’s not just about Microsoft anymore. We must also track Apple.

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11 Comments

  1. Michael said,

    July 10, 2012 at 11:29 pm

    Gravatar

    Good for you to admit your claims about Mac users being lemmings or cultish was wrong. I commend you for this.

  2. mcinsand said,

    July 11, 2012 at 12:05 pm

    Gravatar

    Roy, if you didn’t do such an ever-great job of documenting your articles, I would think this was an April Fool’s Day joke. This might be enough to renew some sense of optimism in my view of the Apple zombies. I thought that, when you joined that cult, they completely removed the ability to think independently. Oh, well. If Katie Holmes can leave The Church of Scientology, maybe the Apple fanboys might learn to value independent thought… maybe even freedom of choice. Okay, so there I go being ridiculous.

    Then again, with their focus of worship now gone, maybe some of their daze has worn off.

    Dr. Roy Schestowitz Reply:

    From my own experience (here in the UK), peer pressure plays a role; I have friends who are OS agnostic but royally pissed off at Apple for the bans they read about; then they have justification to hassle friends who are die-hard Apple customers. Buying Apple no longer makes one “hip”.

    Michael Reply:

    The point is that the “Apple Zombie” idea is a myth… or at least mostly one. I mean, sure, there are people who will buy Toyota or Ford or Dell or go with Linux no matter what…or go with Apple no matter what… those people are not really thinking in terms of what serves them best. But Apple does not have anything like the FSF … Apple sells products and *not* a philosophy / cult-idealism. The “Free” segment of the open source movement is *far* more cult-like than Apple users, in general, have ever been.

    Roy is now finally figuring out. If Apple does stuff their users do not like then their users no longer are pleased with them – the Apple products cease to *earn* the highest user satisfaction ratings. We shall see if that change is happening. So far I have not seen it but with MS and Google and others gunning after them it might. After all, everyone wants to go after the top / best and it is well accepted that Apple holds that spot on the desktop (in many areas) and with phones and tablets and portable computing devices. Hard for any one company to stay in the lead in all those areas… Apple may have re-invented / re-invigorated those areas, but they are not the only ones who can be innovative or do good work.

    Apple is also looking at TVs and other areas. If history repeats itself, whatever Apple does with the TV segment will do well … but first the “experts” in the field will say it will fail. As it starts to do well, Google and MS and Samsung and others will copy Apple but put their own twists on the ideas.

    Would be great to see some company other than Apple make big impacts in these areas *first* and not have them be such followers. MS has recently committed to that and admitted that is what they have been doing. Clearly that is what the open source community mostly does. I would love to see things change… not in Apple getting worse, but in others getting better.

    Mikko Reply:

    Apple will sue other tv makers

    Michael Reply:

    If history repeats itself:

    1) Apple will release a TV system which will, of course, have some features of other TVs (showing videos, for example – things that define a TV).

    2) Apple’s TV, however, will have built in features that do not exist elsewhere and will be a rather massive change to the market. Not that the features they have will exist nowhere else, but for the “world” of TVs, they will be unique and innovative and focused on making the tool as easy to use as possible – with a large focus on reducing “user errors”. The Apple TV will look different from other products as well (though, of course, it will feature a screen as its major visual component). It will also be tied down in some ways to Apple services which will really piss off some people, but these limitations will have little real impact on usability for *most* users.

    3) Some companies, almost surely including Samsung, will not only release products which are inspired by the Apple product but are made to be as close to being copies of it as these companies think they can get away with.

    4) And then, yes, Apple will protect their hard work and their innovations using the legal system. As they should – assuming 3 is correct (as it has been in the case of much of Apple’s work).

    5) The “free” folks will complain that Apple is working *against* innovation when the reality is that they will have added more innovation to the segment than all other companies have in the last, say, five years combined. The innovations Apple introduces will be discounted and dismissed by the “free” community.

    I say within a year we shall see all of these things.

    Mikko Reply:

    So much propaganda from the Apple sect

    Michael Reply:

    If you think my claims are incorrect then state where… just claiming it is “propaganda” does nothing.

    But time will tell – we shall see if I am right or not. Of course, even if I am 100% correct you will deny it. Did you know you were that predictable? :)

  3. walterbyrd said,

    July 14, 2012 at 1:30 pm

    Gravatar

    Please join #BoycottApple on plus.google.com

    July 13, 2012: Apple sent takedown letters to retailers selling Galaxy Nexus and Galaxy Tab 10.1
    http://www.theverge.com/2012/7/13/3157505/apple-retailer-galaxy-nexus-tab-10-1-takedown-order

    July 14, 2012: Here’s what Apple’s takedown notice to Galaxy Nexus retailers looks like
    http://www.imore.com/heres-what-apples-takedown-notice-galaxy-nexus-retailers-looks

    July 14, 2012: Apple Sends Cops To Seize Galaxy Nexus, Tab Bought After Ban
    http://www.damnocrazy.com/4/apple-sends-cops-seize-galaxy-nexus-tab-bought-after-ban

    July 14, 2012: Samsung’s request for expedited Galaxy Nexus hearing accepted, Apple groups them with “pirates, thieves and counterfeiters”
    http://phandroid.com/2012/07/14/samsungs-request-for-expedited-galaxy-nexus-hearing-accepted-apple-groups-them-with-pirates-thieves-and-counterfeiters/

    Mikko Reply:

    damnocrazy.com is a satire website

    Dr. Roy Schestowitz Reply:

    Yes, it’s quite funny though. :-)

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