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David/Goliath Story Brewing Between Apple and iControlPad Makers
relliker writes "Apple has just patented a design for an iPhone gaming add-on after admitting that the iPhone is somewhat hard to use as a games machine. The catch is that the design is not theirs. It was designed by a team of gaming aficionados, one member of which, Craig 'craigix' Rothwell of OpenPandora fame, is already twittering like mad about the shot just fired by Apple in their direction. The iControlPad team are in contact with their IP lawyer, since their design is already in production. Will Apple still try to steamroll right through them?"
They'll steamroll right over them, and no lawyer will be able to help the poor devs. Like the KGB fellows used to say, "for every man, for every deed, there is a paragraph. And if there is none, then a new one shall be written".
Hooray for big corporations.
This is typical Apple behavior.
And they'll get away with it.
They always get away with it.
Will Apple still try to steamroll right through them?
Probably. And they will fail.
How on earth does a company like Apple seem to think they can steal someone’s idea and get away with it? If this isn’t just an oops of epic proportions, the arrogance it indicates is simply shocking. I predict that they won’t back down until they are forced to and when it is much, much too late for them to avoid losing face.
Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
"He who has the gold makes the rules". So yeah, Apple will try, and Apple will succeed in steamrolling through them.
Sucks to be you, iControlPad guys. Here's hoping you at least don't get sued for patent infringement on top of this.
No problem is insoluble in all conceivable circumstances.
This article is very clearly about a hardware patent.
See figure 5 of the patent application. Not sure what this means for the whole thing. Did someone at Apple just throw together a few ideas, and patent them all? The language and the "art" seems vague enough for it. Unfortunately, I'm not a lawyer, so I have no clue whether something like this means that the entire patent application can be tossed out, or whether vague language means it can't be enforced.
Either which way, this is about as lame as patent applications come. It really sounds like someone looked around at existing platforms and said "let's patent them all."
Those who can, do. Those who can't, sue.
Things like the Beatles owning the rights to the "Apple" brand and allowing them to use it so long as they stay out of the music business, and then doing the iTunes music store was bad enough... then challenging Apple Records over their name which predate's Apple Computer's? Putting a rightful competitor (Franklin) out of business when they improved on the Apple 2 computer they were allowed to create. There's probably a lot worse things that just aren't coming to mind at the moment and these multi-touch patent holders who were somehow unsuccessful in stopping Apple from selling their multi-touch devices and especially unsuccessful at preventing Apple from bringing new infringing devices to market.
Apple is a pretty evil company. I know... -1 troll, but new like this is bringing Apple closer to the level of Sony in my mind.
This is why people should think twice about making things for apple products. It is like operating in China, you can make a lot of money, but the big brother can pull the plug and smash you at any moment.
If you file at USPTO in September 2008, you get
priority over inventions revealed by others as early
as October 2007.
Wacko system. Yes. But that's the way the US patent law
works. It basically means, file your patent as soon as designed, before you reveal your invention.
I'm not supporting this system. Just saying how it is currently
defined.
Where are we going and why are we in a handbasket?
Also, the summary mentions that the controller is in production. Was the design released with the controller? The patent doesn't go to the first person to think of something, or even make and sell it; it goes to the first person who is willing to tell the world about it in a patent application.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
So all emulation is piracy? Thanks for keeping me informed. And here I thought I emulated my PS1 and PS2 so I could enjoy them at the comfort of my PC with unlimited save space and with antialiasing.
How on earth does a company like Apple seem to think they can steal someone's idea and get away with it?
You can't patent an idea, you can only patent an implementation of an idea.
If Apple's controlller is significantly different - Apple wins because users rarely look beyond Apple and the Apple app store - and developers will follow their lead.
If the controllers are too much alike, Apple wins on the patent.
If Apple loses on the patent, it wins on mass production, shelf space, visibility, marketing - and price, if it chooses.
Why is anyone patenting the idea of docking some controls to an iphone?
seriously - how is this non-obvious.
let's have some prior art
1) keyboards (yup, they connect to most things)
2) any number of gaming controls for phones
blah blah blah
go make one, sell it, I wish you luck.
keep the patent lawyers out of the game.
VLC Remote for iPhone and Android
You are incorrect Sir. If you own the game you can download a backup (you do not have to create it yourself). If you own the ROM chip, you can download it you do not have to back it up yourself.
However the people you downloaded it from are in breach of copy write, unless they confirmed with you that you are a legit owner of said code. (and I doubt they did).
I guess this answers the question of if ThinkGeek would consider trying to make the iCade accessory real.
You can see this on their website: http://www.icontrolpad.com/
Looks like the posts date back to May 2008.
picpix image polls. create - share - vote. fun!
The US is the only country in the world that has a first-to-invent system. Resolution of this (when two applicants each believe they separately invented the same invention) is called an "interference" between the two conflicting parties, in which each inventor attempts to prove that they were the true first inventor of the claimed invention.
For publications, the one year "grace period" is only guaranteed for one's own publications of an invention. If you publish an invention on 1 September 2007, you have one year, until the first business day on or after 1 September 2008, to file your application for that invention. But if the prior art is a publication authored by someone else, the grace period does not apply unless you can prove either (a) reduction to practice of the invention before the prior art date, or (b) complete conception of the invention before the prior art date coupled with due diligence until reduction to practice or the filing date.
Any publication more than one year before the filing date always counts as prior art, even if you can prove you had reduced your invention to practice before that publication - and even if the publication was your own work. Public use or sale in the US more than a year before the filing date also counts for this.
And it's running an on iPhone! Apple is responsible for piracy! Get real.
iControlPad didn't patent their device, they don't even have a device on the market, and they've been working on it for nearly 2 years now. They had a 6 month head start on Apple announcing *anything* and they didn't bother talking to an IP lawyer about filing a patent first? You've got to be kidding me.
I hope the iCP team learns something from this.
Non impediti ratione cogitationus.
Apple is not a friend of FOSS, at best they are one step down from MS. Given the opportunity or threat they will sue Linux companies without hesitation. Their suit against HTC was a direct shot at Android and is a dozen of bogus software patents on stuff they didn't invent. People, please stop supporting Apple with your purchases if you value FOSS, you only justify their suits and threats.
that the product is not the only piece of IP being steamrollered? As late as Nov. 09, posts on http://icontrolpad.com/ have referred to the product under the shortened name 'iPad' (or Ipad, or ipad). Apple's iPad announcement probably put a formal stop to that (Jan 2010?)
Caveat Emptor is not a business model.
Being a big corp means they can find some tangentially related idea within the bowels of the Cupertino campus and call that prior art.
Prior art is implementations that have been used in the public sphere, not secrets you created in a lab and never showed anyone. And being a big corp doesn't mean Apple will win a patent case. Big guys get gunned down in patent litigation by little guys all the time. That's part of the reason so many big corporations feel we should move to a first to file system.
Read the EFF's Fair Use FAQ
It's the anti-Apple Slashdotters VS the anti-Patent Slashdotters! Round 1... FIGHT!
it's true the issue is to do with hardware, but note this: the iControlPad team are up in arms talking about 'their rights' and how they've been 'ripped off' and 'infringed' yet if you visit their site you will see they are more than happy to promote this - through screen-shots and videos - as method for running pirated games, such as Super Mario Kart and (what looks like) Mario Brothers DS. Could that be... 'hypocrisy'?
Maybe not hypocrisy since they aren't selling the methods of running those games and sometimes those games are more of a 'legal limbo' since if you own the games and the equipment you could format shift it. Their methods, while legally questionable, don't profit them with those games as I'm pretty sure it works above and beyond the few emulator styles they are using (not to mention I doubt they made that PSX emulator). With Apple trying to patent their design, they are most likely planning on selling the device and thus making money and profit off of their work, and Apple is trying to take full credit for their work. Money makes things more complicated as shown in the courts with file-sharing. No money = murky stance and sometimes falls out of court (not always granted). Making money off the piracy = Your screwed.
Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
I looked through Apple's patents that they are asserting against Nokia and have been following Apple patents in general.
My observation has been that many of Apple's patents are write-ups of well-known techniques or even small variations on other people's existing products. This is the way Apple operates.
I'm glad this patent illustrates that a bit more clearly than others, but it's basically standard operating procedure for Apple.