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

06.22.14

With Help From Corrupt Legal System, Apple is Patenting the Competition’s Products, Then Copying Them, Then Banning Them

Posted in Apple, Patents, Samsung at 11:05 am by Dr. Roy Schestowitz


Summary: Apple continues to misuse patents as a tool of competitive advantage, relying in part on a biased US corporations-run system (USPTO and ITC) or courts (CAFC)

AS WE SHOWED earlier this month, the US patent office has been exceptionally friendly towards Apple, not the Korean giant, Samsung. The USPTO (and by extension ITC) is one of those pseudo-public institutions that are run by US corporations, not impartial actors. Those are are friendly towards Apple have financial reasons to be like that.

It was very recently reported that Apple patents ideas that relate to stuff which already exists from Samsung but not from Apple. Since the patent system checks what’s already filed rather than what exists in the world/market, this type of abuse is allowed. Apple is basically allowed to patent what the rivals have (and have not patented), then copy the rivals and block their products (e.g. ITC embargo on imports). Watch this ITC war that Apple started. It’s failing badly, but it is still unjust. “Apple Inc. and Samsung Electronics Co.,” says this report, “on Friday agreed to drop their appeals of a patent-infringement case at the US International Trade Commission (ITC) that resulted in an import ban on some older model Samsung phones. Samsung has been seeking to overturn the ban, while Apple was trying to revive other patent claims it had lost. The import ban will remain in effect, according to a filing with the US Court of Appeals for the Federal Circuit. Last month both companies blamed each other for their inability to reach a global settlement. Appeals of district court cases between Apple and Samsung are still pending.”

The US Court of Appeals for the Federal Circuit is a corrupt sham. It should cease to have any impact on law and it is highly predicable (barely surprising) that it let Apple make all this mess. As one respectable site put it, Apple’s patent wars may in fact be “a Marketing Strategy”, pretending that Apple invented everything despite its founder’s admission that it copies a lot from other companies. To quote the analysis: “The latest battle in the three-year long Apple-Samsung patent saga concluded few weeks ago. In contrast to previous litigation between the two tech-giants—which revolved on the overall look of the phones—this case focused around autocomplete, tap-from-search and slide-to-unlock software. Despite the technical nature of these innovations, there are a few broad managerial lessons that have emerged from this prominent patent case.”

Further down it says: “The Apple-Samsung patent war illustrates how patent litigation has impacts that go far beyond stopping a specific firm from copying a particular technology. This narrow view overlooks the effect it has on brands, and on other competitors not named in the suits. In considering their own IP strategy and in responding to litigation, managers can benefit from thinking more broadly about patent wars and recognizing their multiple effects.”

Apple is a shameful embargo company that copies others, then tries to ban them. Apple relies on an inherently corrupt and biased legal system in the US. Those who have not yet chosen to boycott Apple should think about what Apple does to innovation and fair competition. Remember that all those devices that Apple fights against are based on Linux.

“We’ve always been shameless about stealing great ideas.”

Steve Jobs

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

A Single Comment

  1. Michael said,

    June 22, 2014 at 3:46 pm

    Gravatar

    You claimed the patent office offers anything special toward Apple, you did not show</strong it. Two very different things. And when you made that whine you were unable to suggest a better way for Apple to protect itself from those who use them as their R&D department. In other words: complaints without a solution.

    As far as the quote from Apple, you are simply not understanding what Jobs says. He is very clear:

    We have always been shameless about stealing great ideas. And I think part of what made the Macintosh was that the people working on it were musicians and poets and artists and zoologists and historians who also happened to be the best computer scientists in the world.

    Jobs is speaking of using ideas from other disciplines: art and poetry and science and history… not of doing what Google and Samsung do an outright copying competitors.

    You still have no answer for how Apple should be protecting themselves from such attacks. We are not talking learning from competitors… we are talking about copying other’s ideas and products as much as they can. And that is what Google and Samsung are doing. Instead of just whining why not offer a solution?

What Else is New


  1. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  2. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  3. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  4. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  5. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  6. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  7. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  8. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  9. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  10. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  11. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  12. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  13. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  14. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  15. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  16. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  17. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  18. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  19. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  20. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  21. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  22. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  23. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  24. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  25. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  26. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  27. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  28. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  29. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  30. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time


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