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

10.25.12

Apple Cannot Win Outside the US

Posted in Apple at 12:17 pm by Dr. Roy Schestowitz

Territorial battles fought with US ITC support, corrupt jurors

Flag

Summary: Attempts by Apple to embargo Linux-based phones and tablets may meet limited success in a biased system but not outside of it

Apple recently suffered a major loss against Android in the UK [1, 2]. Samsung won and it’s becoming clear that this massive Korean manufacturer scares Apple the most because it sells the most Android devices. Apple is terrified by Galaxy (iPhone killer), but Apple did not sue its maker first because Samsung was a partner and it had many patents of its own. Apple chose smaller targets such as HTC, but Google came to its rescue with some patents. What a misguided course of action from Steve Jobs.

For Apple, the only major (but temporary) win so far was tainted by trial misconduct in a nation and state that is Apple’s own turf. After more than two years of endless effort and failures Apple ought to get a clue.

Apple loses its equivalent Dutch patent case, says the press in Holland: [in Dutch]

Apple heeft een Nederlandse rechtszaak tegen Samsung verloren. De rechter oordeelde dat de Android-apparaten van Samsung geen inbreuk maken op de patenten van Apple.

Here is a report in English:

A Dutch court has ruled Samsung Electronics does not infringe an Apple Inc patent by using certain multi-touch techniques on some of the Samsung Galaxy smartphones and tablet computers.

This reverses previous Apple momentum in the country:

This time around, a court in the Netherlands rules that Samsung does not violate Apple’s pinch-to-zoom patent in its line of mobile products.

Apple’s junk patents are being reassessed by the USPTO, which together with ITC stooges (bureaucratic side) has shown that protectionism comes first. ITC cronyism and US biases are something we covered before (as did others), so we look with great scorn a the geographical, political, and nationalist decisions of ITC bureaucrats.

Groklaw writes about the ITC more politely while Microsoft boosters hang their bias (anti-Android, pro-Apple) on the ITC and self-professing “cult” sites say:

Earlier today, Cult of Mac reported a Dutch ruling that found Samsung didn’t infringe on an Apple patent for multi-touch tech.

Later today, then, a judge with the US International Trade Commission, or ITC, filed an initial determination that said that Samsung is actually in violation of one of Apple’s iPhone design patents, as well as three other software patents. Two other claims were found not to be infringement.

Software patents again. Apple is said to violate some too, but the company loves it when such patents make Free software non-gratis. This is why Apple also lobbies for FRAND.

Some correctly state that it is Apple copying others, the latest manifestation of which is the small tablet (reminiscent of leading Android tablets):

Innovation does not occurs alone. There is no “epiphany” and no “Eureka” moment. There is no lone inventor that revolutionize an industry. All this is a myth as was Steve Jobs and Apple mystical innovation aura.

Please refer to the excellent book by Scott Berkun : The Myth Of Innovation if you want detailed proof. In order for an innovation to succeed, it has to be perceived as original and, like war, the winner is rewriting history to produce a nice and convincing narrative. Winning, these days, means being the dominant brand in your category.

Apple has a strong brand, but courts help show that it is not innovative. A biased system does not exist where Apple does not and let’s face it, for Apple the target audience is mostly the US and other cash-rich nations. Apple capitalises on the rich or those who try hard to look rich by buying a gadget which they perceive as expensive enough to prove financial prowess.

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

2 Comments

  1. mcinsand said,

    October 25, 2012 at 1:09 pm

    Gravatar

    It’s interesting that at least one slice of the cult recognizes itself as-such, with thecultofmac.com. The only area where I thought Apple might innovate is in the fields of unethical, sleazy, anticompetitive behavior, but I’m now realizing they aren’t innovative but aggressively arrogant.

    Dr. Roy Schestowitz Reply:

    “Bad” used to mean negative; now it’s hip.

    Being arrogant these days is almost synonymous with being better, superior.

What Else is New


  1. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  2. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  3. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  4. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  5. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  6. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  7. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  8. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  9. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  10. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  11. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  12. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  13. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  14. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  15. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  16. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  17. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  18. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  19. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  20. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  21. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  22. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products



  23. Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

    Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light



  24. Links 13/8/2014: Red Hat Enterprise Linux 6.6 Beta, Tizen in Watches

    Links for the day



  25. Links 12/8/2014: Chromebooks Surge, OpenGL in the Headlines

    Links for the day



  26. Bill Gates is Profiting By Diverting Public Money to His Own Pocket and Reducing Wages

    Gates' lobbying for companies he is an investor of and for lower salaries inside companies he is investing in (and managing) comes as no surprise



  27. Microsoft is Still Attacking Open Standards, So Khronos Does Not Need the Microsoft Moles

    Having attacked the industry's document standard OpenDocument Format (ODF) while pretending to have 'embraced' ODF Microsoft is now pretending that it is eager to support OpenGL



  28. Another Depressing Look at the Patent Systems in the US and in Europe

    A roundup of news about patent monopolies and in particular the immense power wielded by giant multi-national corporations that steer the debate and acquire trans-Atlantic monopolies on ideas, always against citizens' interests



  29. Links 11/8/2014: DEFT 8.2, Linux Mint on Debian Stable

    Links for the day



  30. Links 9/8/2014: Knoppix 7.4.0, GNU Linux Libre 3.16

    Links for the day


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