Bonum Certa Men Certa

After the Apple-Samsung Ruling

Samsung Galaxy S2



Summary: An overview of articles and some observations about Apple's assault on Android

THE vanity of Apple has been made much easier to see in light of reports that a billion dollars are not enough for bogus allegations. As Forbes put it: "I’m not surprised that this is what they’re thinking, it’s just interesting to see the point being made openly. This isn’t a fight about who sells what telephone hardware: it’s a fight about who gets to dominate the future ecosystem.

"Every so often we get to a break in a technology. When the incumbents find themselves faced with disruptive insurgents. Examples abound: the move from horses to cars meant that those providing energy for transport found that their incumbency protected them not one whit. For that energy for travel moved from hay and oats, or perhaps teams of horses, to the provision of petrol. So there was no value any longer in that supply chain that provided horses, hay and oats. And no incumbency value either: that you had such a chain, that an insurgent would have to spend a lot of capital to build one, didn’t help you either."

Apple's aggression against Free software goes quite a way back; tax on libre platforms can be imposed indirectly with distant oversight from influential people like Steve Jobs and in turn tax platforms that are price-sensitive. As one reporter put it: "The Raspberry Pi Foundation answered those pleas on Friday, revealing that it has struck deals that allow individuals to buy the licences if they want to add them to the H.264 support baked into the Raspberry Pi's hardware."

This is why patents on software are so probematic. They elevate costs or impede distribution of innovative products. Apple not only wants a tax; it seeks embargoes that will not work because "The weird verdict in the Apple vs Samsung case has opened a Pandora's box - the more the foreman is talking to the press the more inconsistencies we are getting to know. This disclosure makes Apple's victory look like a soap bubble. However, there is one clear win for Samsung. The jury did not find the 'banned' Galaxy Tab 10.1 infringing upon any of Apple's patents."

Anger is being directed at Apple for turning to a hypocritical battle (Apple shamelessly copies designs, still). None of it comes at no cost and the decision against Samsung is in doubt [1, 2] after apparent trial incompetence. Samsung says that the trial "Was Not Fair; Jury Messed Up," as Pamela Jones put it. In another post of hers she writes: "This is in the believe it or not category, but the foreman in the Apple v Samsung trial is *still* talking about the verdict and why the jurors did what they did. And the more he talks, the worse it gets for that verdict.

"Gizmodo asked him to sit today for live questions. And believe it or not, he did it. And when asked if the jury was ever asking whether or not a patent should have issued, he claims that they never did because that wasn't their role and the judge told them to assume the patents issued properly and not to second guess that determination."

One author criticises -- as we did many times before -- the ITC, which often plays a role at the behest of US-based corporations. Timothy B. Lee writes: "If you follow the smartphone patent wars, you've probably heard of the International Trade Commission (ITC), which seems to get dragged into every high-profile patent dispute over the devices. Just this month, Motorola asked the ITC to ban various Apple products from the US, and the ITC separately ruled that Apple doesn't infringe some Samsung patents. But how did this obscure Washington bureaucracy become a major front in the patent wars?"

The combination of agencies like the ITC and USPTO helps protect American business from competition; it is nothing to do with justice and innovation but it's about business interests.

Google is not too rattled by the latest ruling as Apple was not the first with such a GUI. Here is an example of misdirection:



The problem is the patents. They should not have been granted. The Apple-Samsung case was talked about by many, but not many saw what happened in Asian courts. With a global patent office this may all be different, but for now we just have a US ruling favouring the US side with a lot of coverage in the US press. The FSF and Google published some responses amid pressure from the outside world. Google enjoyed victory against Oracle's claims, but this one is a bit of a pain -- some controversial ruling that might not even matter. Richard Hillesley thinks that the Apple vs Samsung case helps signal the time to "fix this patent farce". The lawyers expect to see an appeal and as Andy Updegrove put it: "Now that the jury has given Apple almost everything it asked for in its infringement suit against Samsung, what should we expect to happen next? I think it's a given that Samsung will appeal. Given the damages awarded and the obvious determination of Apple to defend its patents, Samsung has little choice but to press forward wherever it can in court.

"This doesn't necessarily mean that it's ultimate goal is to prevail through litigation, because it will constantly be running into existing and new Apple patents for so long as they remain competitors in the marketplace. Ultimately, what should make the best sense for Samsung is to negotiate the most comprehensive patent cross license with Apple that it can, and maintaining a full court press throughout the world's legal venues is the best way to ensure that it can get the best terms possible in such a license."

Dr. R. Keith Sawyer says that innovation loses. To quote his column: "As a scholar of creativity and innovation, I believe it's too easy to get a patent and too easy to defend a patent. This blocks innovation because patent holders are allowed to prevent others from building on and improving their patents. That's a problem because 'innovation is incremental; every new step forward always builds on a long chain of prior innovations.' If any one link in the chain is allowed to block all future enhancements, then innovation stops."

Apple's hyped-up products (like the hypePad) are getting ridiculed and their chances of beating Android are seriously doubted by some. To quote SJVN: "I hate to break it to you, but the new iPhone 5 is not going to be the second coming of Steve Jobs; it's not going to give the economy a big push upward; nor will it be the best phone ever. It's just going to be a new smartphone.

"The real news, which has been written on analyst walls around the world for months, is that Android phones continue to out-sell iPhones by a wide margin. For all the hype, for all the hysteria, iPhones come in second to Android."

Microsoft has no chance in this area and when it comes to tablets too, Android is far more attractive an option. As SJVN puts it: "I mean seriously. Asus, a mid-range computer vendor, wants $599 for a Nvidia Tegra ARM-powerd Windows RT tablet? The Windows 8 tablet with an Atom processor for $799? Oh, and if you want a keyboard for either one, it will cost you an extra $199!?

"Come on! My Nexus 7, the best tablet I've found to date, cost me $250. A totally maxed out iPad 3 runs runs $829. I'll take either of those in a New York minute over a Windows 8 tablet at those prices."

There is also a report about the realisation that Apple is overhyped. It says that "[a] school which spent a fortune "upgrading" its teachers from their laptops to Apple iPads and TVs has admitted it made a big mistake falling for the hype.

"According to PC Pro, the unnamed school's headmaster was seduced by a scheme that allowed all the school's staff to replace their laptop computers with an iPad 2.

"At first, staff, who knew nothing about technology, were thrilled at the prospect and jumped at the chance of exchanging their laptop for an iPad.

"Now they are finding that the whole thing was a little hasty and there is a black cloud hanging over the staff room which has not been seen since they banned smoking there."

It is quite irresponsible to use Apple in schools because the users are denied control of the device, or, to quote how Apple would like to put it: "A new patent, granted to Apple, could prevent academic cheating, cinema interruptions, but also see areas of political protest activity 'ring-fenced' disabling phone and tablet cameras."

It is good that Apple has a monopoly on it as fewer companies will try to implement such hostile features (or "antifeatures") that work against the users. Why would people want to pay for such a thing?

It is being alleged that Apple did not invent anything. Even a former Apple executive says so. To quote: "As Apple (AAPL) prepares to launch what by all accounts will be the most successful device it has ever built — and just a few weeks after the company was awarded more than $1 billion in damages when Samsung (005930) was found to have infringed on its IP — an article penned by a former Apple executive questions exactly what Apple’s role is in the consumer electronics industry. Jean-Louis Gassee, who came very close to becoming the president of Apple in the late 1980s before being ousted by CEO John Scully and Apple’s board, claims that while Apple’s success in the industry cannot be disputed, its perception as an innovator is open to discussion."

Microsoft boosters such as Jon Brodkin latch onto the case to spread FUD against Android. This is all that the duopoly can do against Android now. Innovation was never on Apple's side.

Recent Techrights' Posts

What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day