Apple Claims Samsung and Motorola Patent Monopoly
esocid writes with a bit in Daily Tech about the ongoing spat between Apple and the rest of the mobile world. From the article: "Apple lawyers are crying foul about Samsung, and ... Motorola's allegedly 'anticompetitive,' use of patents. ... Apparently Apple is irate about these companies' countersuits, which rely largely on patents covering wireless communications, many of which are governed by the 'fair, reasonable and non-discriminatory' (F/RAND) principle, as they were developed as part of industry standards. ... Apple takes issue with the fact that Motorola in its countersuit declines to differentiate the 7 F/RAND patents in its 18 patent collection. ... Regardless of what Florian Mueller says, it's hard to dispute that the 'rules' of F/RAND are largely community dictated and ambiguous."
We where just minding our own business, suing them, and then THEY SUED US for no reason!
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
So when Apple sues its competitors with overly broad patents it's "protecting its innovations"
When the targets of Apple's anti-competitive lawsuits counter-sue Apple cries "anti-competitive" monopoly.
Apple gets more evil every day.
Look, you pack of fucking navel-gazing fucktards. Put down the fucking guns, agree to pool your resources to buy sufficient hookers and Caribbean vacations for Congresscritters to have the existing patent system tossed out the door. We get it that you all sort of started out accruing vast numbers of patents, some good, some bad, some absolutely fucking moronic, in no small part to fend off attacks from each other and from evil little patent trolls, but look at how it's complicating your lives. You couldn't roll out a steaming turd without someone somewhere trying to claim you infringed on a patent they own.
Apple, you're now one of the biggest companies around. If anyone can afford the required number of prostitutes, golf club memberships, or whatever it is those corrupted evil bastards in Congress have an appetite for. Google, come on, you could help out here, same with Samsung. Then you can, you know, compete on the quality of your products, rather than trying to stuff newspaper down each others throats in what can only be described as the bonfire of the idiots.
The world's burning. Moped Jesus spotted on I50. Details at 11.
Remember that little kid that hit the other kids, but as soon as another kid hit back he'd start crying? Apple is now that kid.
Karma: Positive (probably because of superiour intellect)
Apple's unyielding patent attack has to come to trouble for them eventually. It's bad enough MS wants $15 from every Android phone, but Apple just plain is trying to bar companies from competing.
The industry will eventually respond with the only tool they have, more patent garbage.
Perhaps this is the start of that.
It's going to take a long time before Apple realizes they can't win this legal battle and they should have just kept competing in the marketplace instead. They're pretty good at that, I'm not sure why they want to try to turn the business into a web of red tape for everyone instead of just pushing forward.
http://lkml.org/lkml/2005/8/20/95
Or the pot is calling the kettle black. Honestly, the only people all these lawsuits are really helping are the corporate lawyers. Why don't all the technology companies just agree to drop ALL the lawsuits and instead invest that money into R&D? We could have had the next iPad killer by now if they weren't wasting time and money on lawsuits!
Occasionally living proof of the Ballmer peak.
Here's a tissue.
Apple is irate about these companies' countersuits, which rely largely on patents covering wireless communications, many of which are governed by the 'fair, reasonable and non-discriminatory' (F/RAND) principle, as they were developed as part of industry standards
And yours are all artistic and nothing else, eh? The industry shouldn't use any of your mechanisms for compatibility or interchange, right?
Grow up. You started the sh**, now deal with it.
We could have had the next iPad killer by now if they weren't wasting time and money on lawsuits!
This is precisely what Apple doesn't want.
Comment removed based on user account deletion
With the help of a few shots of well aimed bottox.
I'm Not Antisocial, I'm Just Not User Friendly
The insanity of the software patents seems to be finally blowing up in an extremely public way.
I really hope that the lawsuits against Apple result in very harmful for them consequences, ideally something ridiculous like forcing them to pull iPhones and iPads from the shelves.
Why? Because if that happens, there's no way it will stand. It will be discussed all over the world, and everybody will agree it's a crappy state of affairs. Maybe then some sanity can be introduced by eliminating them.
That might be a bit too optimistic, but still this is a perfect example of what's wrong with the system. At least it'll make a good explanation of why software patents are a bad idea, and should be kept out of the places that don't yet have them.
Yes, but Motorola has no interest going after the little guy or any of the other companies that are minding their business. They are going after the guy who starting poking them with the stick. This isn't a lawsuit they placed out of no where. It is a counter-suit, meaning it is a reaction. Motorola has no interest in screwing over the phone interest. Apple essentially kicked a sleeping dog and has to pay the price.
Just because you are wrong and I called you out on it doesn't mean I am a Troll.
FRAND is a community agreement. Apple is basically saying "fuck the community" by taking the IP they want, and suing others them back (the same people whose IP they benefit from using.) It'd be like kids agreeing everyone can use a playground, then having one person demand that not only can he use the whole playground, no one else can use the monkeybars. Because he says so. And because he has lots of lawyers.
"None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
Exactly FRAND is a community agreement, and when Apple starts acting like its part of a community then it will get access to those patents again.
Apple is basically trying to reargue the "look and feel" case it lost against Windows.
Let's say that you're a small company with FRAND patents and one product. Someone strolls in and sues to block the sale of this *one* product with patents (bogus or otherwise) that they have for their competing product. Blocking the sale of your one product will kill your company. Furthermore, their competing product uses your FRAND patents without license.
Are you, at this point, going to license at a reasonable rate and risk getting nuked? Hell no. Now, extrapolate to a larger company.
Apple even goes so far as to build *revocation* of the free license of MiniDisplayport into the license as a protection against IP claims. These are called defensive patents for a reason. When a bully walks in and starts kicking the sandbox sand in everybody's faces, it helps to remind them that you have the shovel.
I find dubious DailyTech calling Florin Mueller "a pro-Apple blogger" for his patent litigation analysis... while Florian Mueller *IS* the professional expert on patents.
To be a "professional expert" your profession would have to be "lawyer." Florian Mueller's professions include lobbyist and blogger, but not lawyer.
Great Apple is being innovative in their legal posturing also. But, Apple cannot make such a claim first because apple was not part of the community that developed those technologies. If Motorola and Samsung are wrong Apple should set an example by making their patents on multitouch F/RAND, and show every body how this should work.
the LG prada phone was anounced before the iphone, LG even acused apple of stealing it's design.
http://en.wikipedia.org/wiki/LG_Prada_(KE850)
read the "iphone controversy" section.
What ? Me, worry ?
I might be mistaken, but Microsoft tried to make their office document formats standard AND proprietary. In other words, extortion. "Comply with the standard, FOSS, but pay the oh so small fee for the patent."
The Apple claim is still BS, though. Motorola could claim that GSM can be worked around by using wifi and software... which is about as effectual as working around a thin rectangular screen tablet by making it a circle (and some idiot actually suggested that on another forum).
I8-D
You can't change the basic nature of Apple fanboys either. I by no means hate Apple I have a iPod and MacBook Pro. I do hate how Apple thinks they own the exclusive rights to make Tablet PCs and Smart Phones with a touch screens. I mean they have touch screens that looked like the iPad in Startrek and many other SciFi films 20+ years ago.
Just because you are wrong and I called you out on it doesn't mean I am a Troll.
The problem is Apple uses patents that are not covered by FRAND and are claiming that FRAND licensing gives them access to non FRAND patents. They tried this line for years with Nokia until finally having to settle for cash.
FRAND only covers essential GSM patents. I.E. only the patents you need to create a GSM phone, not all the fruit that is built into a modern smartphone. FRAND's scope is limited.
Kindly know what you are on about, before posting about it. Mueller does not know what he's on about, he's a lobbyist, not a patent lawyer or even examiner which means he's pushing an agenda regardless of the truth and has continually been found to be publishing outright fabrications during the SCO-Novell case.
Calling someone a "hater" only means you can not rationally rebut their argument.