Bonum Certa Men Certa

Apple Cannot Win Outside the US

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.

Comments

Recent Techrights' Posts

With 9 Mentions of Azure In Its Latest Blog Post, Canonical is Again Promoting Microsoft and Intel Vendor Lock-in, Surveillance, Back Doors, Considerable Power Waste, and Defects That Cannot be Fixed
Microsoft did not even have to buy Canonical (for Canonical to act like it happened)
Links 28/03/2024: GAFAM Replacing Full-Time Workers With Interns Now
Links for the day
Consent & Debian's illegitimate constitution
Reprinted with permission from Daniel Pocock
The Time Our Server Host Died in a Car Accident
If Debian has internal problems, then they need to be illuminated and then tackled, at the very least in order to ensure we do not end up with "Deadian"
China's New 'IT' Rules Are a Massive Headache for Microsoft
On the issue of China we're neutral except when it comes to human rights issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 27, 2024
IRC logs for Wednesday, March 27, 2024
WeMakeFedora.org: harassment decision, victory for volunteers and Fedora Foundations
Reprinted with permission from Daniel Pocock
Links 27/03/2024: Terrorism Grows in Africa, Unemployment in Finland Rose Sharply in a Year, Chinese Aggression Escalates
Links for the day
Links 27/03/2024: Ericsson and Tencent Layoffs
Links for the day
Amid Online Reports of XBox Sales Collapsing, Mass Layoffs in More Teams, and Windows Making Things Worse (Admission of Losses, Rumours About XBox Canceled as a Hardware Unit)...
Windows has loads of issues, also as a gaming platform
Links 27/03/2024: BBC Resorts to CG Cruft, Akamai Blocking Blunders in Piracy Shield
Links for the day
Android Approaches 90% of the Operating Systems Market in Chad (Windows Down From 99.5% 15 Years Ago to Just 2.5% Right Now)
Windows is down to about 2% on the Web-connected client side as measured by statCounter
Sainsbury's: Let Them Eat Yoghurts (and Microsoft Downtimes When They Need Proper Food)
a social control media 'scandal' this week
IRC Proceedings: Tuesday, March 26, 2024
IRC logs for Tuesday, March 26, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Windows/Client at Microsoft Falling Sharply (Well Over 10% Decline Every Quarter), So For His Next Trick the Ponzi in Chief Merges Units, Spices Everything Up With "AI"
Hiding the steep decline of Windows/Client at Microsoft?
Free technology in housing and construction
Reprinted with permission from Daniel Pocock
We Need Open Standards With Free Software Implementations, Not "Interoperability" Alone
Sadly we're confronting misguided managers and a bunch of clowns trying to herd us all - sometimes without consent - into "clown computing"
Microsoft's Collapse in the Web Server Space Continued This Month
Microsoft is the "2%", just like Windows in some countries
Links 26/03/2024: Inflation Problems, Strikes in Finland
Links for the day
Gemini Links 26/03/2024: Losing Children, Carbon Tax Discussed
Links for the day
Mark Shuttleworth resigns from Debian: volunteer suicide and Albania questions unanswered, mass resignations continue
Reprinted with permission from Daniel Pocock
Links 26/03/2024: 6,000 Layoffs at Dell, Microsoft “XBox is in Real Trouble as a Hardware Manufacturer”
Links for the day
Gemini Links 26/03/2024: Microsofters Still Trying to 'Extend' Gemini Protocol
Links for the day
Look What IBM's Red Hat is Turning CentOS Into
For 17 years our site ran on CentOS. Thankfully we're done with that...
The Julian Paul Assange Verdict: The High Court Has Granted Assange Leave to Appeal Extradition to the United States, Decision Adjourned to May 20th Pending Assurances
The decision is out
The Microsoft and Apple Antitrust Issues Have Some But Not Many Commonalities
gist of the comparison to Microsoft
ZDNet, Sponsored by Microsoft for Paid-for Propaganda (in 'Article' Clothing), Has Added Pop-Up or Overlay to All Pages, Saying "813 Partners Will Store and Access Information on Your Device"
Avoiding ZDNet may become imperative given what it has turned into
Julian Assange Verdict 3 Hours Away
Their decision is due to be published at 1030 GMT
People Who Cover Suicide Aren't Suicidal
Assange didn't just "deteriorate". This deterioration was involuntary and very much imposed upon him.
Overworking Kills
The body usually (but not always) knows best
Former Red Hat Chief (CEO), Who Decided to Leave the Company Earlier This Month, Talks About "Cloud Company Red Hat" to CNBC
shows a lack of foresight and dependence on buzzwords
IRC Proceedings: Monday, March 25, 2024
IRC logs for Monday, March 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Discord Does Not Make Money, It's Spying on People and Selling Data/Control (38% is Allegedly Controlled by the Communist Party of China)
a considerable share exists
In At Least Two Nations Windows is Now Measured at 2% "Market Share" (Microsoft Really Does Not Want People to Notice That)
Ignore the mindless "AI"-washing
Internet Relay Chat (IRC) Still Has Hundreds of Thousands of Simultaneously-Online Unique Users
The scale of IRC