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

Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day