Original photo by Matthew Yohe, modified by Boycott Novell
Apple’s suit against HTC could end one of two ways.
Either Apple becomes the next SCO, which ran itself aground claiming rights to Linux, or it becomes the next Microsoft, which is prospering while claiming to own Linux.
The answer depends on how hard Apple presses its case.
“We did not enter the search business. They entered the phone business,” Mr. Jobs told Apple employees during an all-hands meeting shortly after the public introduction of the iPad in January, according to two employees who were there and heard the presentation. “Make no mistake: Google wants to kill the iPhone. We won’t let them.”
What was surprising was that the theme that Business Insider chose to talk about - RIM holding on to its dominance from the Apple iPhone - was not what caught my eye. What struck me was the Google Android share and the sharp recent increase, suggesting that it's heading ever upwards. In fact, when I go back to the original figure from ComScore, the market share is 7.1 percent - a whopping increase from the 2.8 percent of the previous quarter - that's a little over 150 percent increase in three months. And that market share was achieved very quickly, Android only released its first phone in September 2008, a doubly impressive performance.
The judge stayed litigation in the case pending the outcome of the International Trade Commission investigations that each company requested against the other. The investigation into Apple was announced by the ITC in late January, while the responding investigation into Nokia was launched late last month. After Nokia's first lawsuit, launched in October of last year, Apple filed a counterclaim in the Delaware district court, also accusing Nokia of patent infringement. Nokia subsequently launched a second suit, aiming to block importation of Apple hardware into the U.S.
Top phone makers Nokia and Apple will seek a U.S. court hearing in a key patent battle in mid-2012, a court filing showed, raising the specter of a prolonged legal struggle.
Over the past decades, the software patent has become a weapon of choice in tech circles.
Apple's patent infringement case against HTC is part of a larger effort to give rival smart phone manufacturers pause as they pursue iPhone-like features in their devices, according to a research note from Oppenheimer analyst Yair Reiner.
Philip Elmer-DeWitt of Brainstorm Tech relates the note, which recounts the way Apple is working behind the scenes to stop what it calls the rip off of its intellectual property. It also suggests that Apple's IP battle could deal a blow to Google's Android operating system and manufacturers relying on it.
However, buried in the small print of the press release about the deal was a set of technologies covered by the agreement including the Kindle, which employs open source software, and Amazon’s use of Linux-based servers.
What this could mean is that Microsoft is popping around to some of the bigger Linux based technology outfits and saying: “Look you have some stuff we want to use, give us the rights to use it and we will not make you the first person we sue over Linux”.
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What surprises us is that the Open Source community has not kicked up more of a stink about it.
Jim Zemlin, of the Linux Foundation, wrote of the deal that most technology companies have invested heavily in patents and that a cross-licensing agreement is a non-news event. The fact that two entities with expensive stockpiles of outdated weapons felt the need to negotiate détente is not surprising.
You’ll recall I posted a long analysis of the sick position the IIPA took urging the US Trade Representative (USTR) to discriminate against countries around the world if they have a preference for software freedom. That analysis become an input for the excellent position statement, written collaboratively by the OSI Board and posted by OSI President Michael Tiemann, calling for action by national groups.
Indian Civil Society Raises Concerns Over US Industry-Sponsored IP Summits
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Public interest groups in India are raising questions over annual summits involving Indian judges and policymakers that are being funded by major western industry groups, in particular pharmaceutical companies. At this year’s summit, held recently, a section of India’s patent law which prevents the extension of monopoly power for incremental innovations came under attack, the groups have said.
[...]
Companies with a “vested interest in software patents” such as Intellectual Ventures, Microsoft, and Qualcomm also have been involved, although such patents are not currently allowed in the country, it added.
--Nathan Myhrvold, funded by Apple, Microsoft, and Bill Gates
Comments
mcinsand
2010-03-15 12:07:51
(No, I am not anti-cat or anti-dog in the least, but there are those owners that refuse to recognize that some pets make themselves known.)
Dr. Roy Schestowitz
2010-03-15 12:31:31
I sometimes argue that Apple is the "everything but Microsoft" option (or "anti-Microsoft"), whereas GNU/Linux and BSD are the "everything but proprietary" option (or "pro-choice" and "pro-independence"),
Boycott Novell is not about Microsoft and Novell. It deals with whatever behaviour threatens the freedom of software the most at any given time. Apple is currently a big problem and it uses US patent law+ITC for 'teeth'.
Like many others, I got into Free software because it was technically solid. It makes some companies like Apple nervous, jealous, and thus aggressive. Schwartz knows.