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Apple Transfers Patents Through Shell Company To Sue All Phone Makers

New submitter dell623 writes "A patent lawsuit (PDF) by patent licensing firm Digitude Innovations curiously targeted all mobile manufacturers except Apple. A TechCrunch story has revealed that the patents used were transferred from Apple via a shell company to DI, and appear to cover features found in virtually all smartphones. The lawsuit even extends to companies that don't make Android phones, like Nokia and RIM, and to Android OEMs that Apple have not directly sued yet, like Sony. The business model of DI clearly implies that Apple would benefit financially from the lawsuit as a company that contributed patents to DI's portfolio."

422 comments

  1. Why now? by NabisOne · · Score: 4, Interesting

    If this is true why did they wait until now to do this?

    1. Re:Why now? by gandhi_2 · · Score: 4, Funny

      This is the Jobs "Doomsday Device". ....And I will just say hello,
      To the folks that you know,
      Tell them you won't be long,
      They'll be happy to know that as I saw you go
      You were singing this song.

      We'll we'll meet again,
      Don't know where, dont know when.
      But I know well meet again, some sunny day.

      Roll Credits.

    2. Re:Why now? by Anonymous Coward · · Score: 1

      Because they were getting a lot of bad press lately...

      Suing more companies would get them even more bad press.

    3. Re:Why now? by amiga3D · · Score: 3, Insightful

      I think they've been watching Microsoft rolling in the dough from all the android sales and they want in on the fun too. Why not? It's the way things are. Apple can continue to sell iPhones and make money and everyone else can make android phones and Apple can make money. It's nice to see them copying Microsoft's innovation for a change.

    4. Re:Why now? by Anonymous Coward · · Score: 5, Interesting

      They probably got the idea from Google.

      The difference of course being that Google gave patents to HTC to help mount a counter-offense against the already pending lawsuit from Apple. Whereas Apple gave the patents to a patent troll to start entirely new lawsuits against Apple competitors.

      Otherwise, yeah, exactly the same.

    5. Re:Why now? by Anonymous Coward · · Score: 0

      As opposed to MS copying Apple's innovations? If you're referring to MS stupidly using buzzwords instead of facts, yeah, I'd say that's one innovation they stole.

    6. Re:Why now? by symbolset · · Score: 1

      This has been going on for quite a while. Here is another example with Microsoft and Nokia.

      --
      Help stamp out iliturcy.
    7. Re:Why now? by interval1066 · · Score: 1

      Jobs doesn't strike me as a President Merkin Muffley, more like a Johnson or Roosevelt (Teddy, not Frank.)

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    8. Re:Why now? by mikael · · Score: 2

      Is this more of a Dead Hand system?

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    9. Re:Why now? by interval1066 · · Score: 1

      ha, pretty good...

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    10. Re:Why now? by msauve · · Score: 5, Interesting

      "It's nice to see them copying Microsoft's innovation for a change."

      Where have you been?

      Microsoft is the new IBM.
      Apple is the new Microsoft.
      Google is the new Apple.

      (Oracle and Facebook are the new SCO)

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    11. Re:Why now? by phantomfive · · Score: 5, Insightful

      I think they've been watching Microsoft rolling in the dough from all the android sales and they want in on the fun too.

      No, they want to kill Android. There was an interview with Steve Jobs where the interviewer asked how he lost the OS war. Jobs said, "We didn't see it as a war, we just wanted to make things people liked." Then he stopped and said, "maybe that's why we lost."

      Apple doesn't understand that Microsoft won because they were very responsive to what customers wanted. They bent over backwards to give what (the biggest segment of) customers wanted. They were on top of it all throughout the 80s and 90s. Of course, they didn't have a problem playing sharp business games (ie, all their unethical stuff), either.

      Apple still doesn't get it. They don't get that enterprise wants backwards compatibility, for example. Who would ever build an enterprise app to run on OSX, when it may be obseleted and ejected from OSX (like Carbon was in Lion, and a bunch of others)?

      Apple did see the unethical stuff Microsoft did, and they thought that is why Microsoft must have won. So they decided to follow the unethical stuff.

      They would do better if they were more responsive to customers (like, ok, remove Carbon if you must, but provide a downloadable compatibility layer, or open source it! Some people need this stuff).

      --
      "First they came for the slanderers and i said nothing."
    12. Re:Why now? by HiroProX · · Score: 5, Insightful

      You mean Xerox PARC's innovations?

    13. Re:Why now? by symbolset · · Score: 4, Insightful

      The longer you wait to file suit for patents the more committed your victims get to the underlying methods. They build things on them, and things on top of those things, and frameworks to rapidly implement platforms on top of those so you get to victimize their partners and embarrass them as well. Ideally they build a partner ecosystem around them. And when they've committed the maximum amount of time, money, effort and credibility, when they reach the maximum commitment that maximizes your licensing revenue in event of a settlement, THEN you yank the rug out. But first you transfer the patent to somebody who didn't wait, so the victim can't say "Hey - no fair - you were helping us do this the whole time!" It's how you prevent the maximum amount of progress with just a handful of patents. Then while the suits wend glacially through the courts you have a FUD club to beat the victim with in the press through "analysts" like Enderle and Mueller even while no misdeeds are even proven because nobody wants to build leasehold improvements on property whose ownership is in doubt. And it's perfectly legal.

      --
      Help stamp out iliturcy.
    14. Re:Why now? by Anonymous Coward · · Score: 5, Insightful

      HTC is a company that makes phones, it needed the patents to defend its business.
      DI is a company that trolls patents, it needed the patents to have a business.

    15. Re:Why now? by jo_ham · · Score: 0

      If Google can buy innovation and have it credited to them, then so can Apple I guess.

    16. Re:Why now? by shutdown+-p+now · · Score: 2

      If Apple just wanted to get a share in profits made on Android, why try to block sales of competing devices?

    17. Re:Why now? by jo_ham · · Score: 4, Informative

      Carbon was from the OS 9 days - it needed to die, and it was deprecated really early in OS X's life. Apple said "it's still in here, but work away from it because eventually it will be removed".

      They gave everyone *years* to move away from Carbon. It's not like they just whisked it out of the OS overnight with the release of Lion.

      Same thing with the switch from 68k to PPC and then again to x86. They bent over backwards to keep the backwards compatibility to smooth the transition in each case but said to developers "eventually this stuff is going away".

      People got pissy because they had software that relied on Carbon, or was PPC only etc and whined that the support was going away after the very long period they had to update it. This is what happens when you rely on transitional elements and *already marked deprecated* libraries that were there to make moving to the more modern libraries and architectures more fluid.

      They've certainly had some foolish moves (like removing backwards compatibility in Final Cut X, while simultaneously withdrawing Final Cut Studio from sale) and various other things, but it's not like they're just yanking things left and right and saying "surprise! too bad!"

      Also, how are we quantifying "do better" in the phrase "Apple would do better if... [insert opinion]". They aren't short of cash, their products are selling as fast as they can make them (with some notable exceptions), their customer satisfaction results consistently poll very high, they're growing marketshare in the PC arena (bucking the general trend of PC makers), they're growing in the mobile space (despite very healthy competition from multiple Android vendors). How else can they "do better"?

      The only thing they seem to be missing is the slashdot geek vote, but I'm not sure that's terribly troubling to them.

    18. Re:Why now? by Bing+Tsher+E · · Score: 1

      Also, how are we quantifying "do better" in the phrase "Apple would do better if... [insert opinion]". They aren't short of cash, their products are selling as fast as they can make them...

      Apple is doing well in the consumer electronics market. They aren't selling desktops to businesses, and they're sure not selling servers to businesses.

      So Apple is basically selling sugar water.

    19. Re:Why now? by foniksonik · · Score: 1

      Apple will help companies upgrade apps. They will not provide backwards compatibility because that way lies the death of a system through the weight of its own baggage. It's why MS has been struggling so hard lately.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    20. Re:Why now? by Anonymous Coward · · Score: 0

      Google is the new HP.

      With all the piece of crap stuff they put out.

    21. Re:Why now? by Raved+Thrad · · Score: 5, Insightful

      So far from the tree has Apple fallen,
      Burning their karma patent-trollin';
      So committed to this course of action,
      And to alienating every smartphone faction,
      They've even set up a patent troll proxy --
      Can't fix their broken rep with a ton of epoxy.

      --
      Life, ultimately, boils down to the Four Fs: Fighting, Fleeing, Feeding, and Mating.
    22. Re:Why now? by jo_ham · · Score: 1

      But, again, why would they?

      Porsche doesn't sell pickup trucks, and they seem to be doing fine - would they be doing better if they made a pickup? (DISCLAIMER: not trying to claim that Apple is Porsche, I just picked a company that makes something for a particular market segment but not another).

      We're constantly told on here that "Apple has no business in enterprise" and if the Xserve told them anything, I guess it was that they were right - they simply didn't sell. Maybe they'll try again later if iOS makes more inroads, but it's not hurting them being out of that sector - in fact, it is costing them less by staying out of it.

    23. Re:Why now? by phantomfive · · Score: 3, Insightful

      OK, you've demonstrated you can read the official Apple propaganda. Good job.

      Now back in the real world, people don't want to rewrite their code every few years to fit the latest framework. We want our code to keep working. This isn't an unreasonable demand.

      Apple could have made a compatibility layer. They could have open sourced Carbon so others could have, if they didn't want to do the work. No, instead they said, "Screw every single one of you. We don't care if you have the resources to do this or not, you're stuck."

      This is why at home you can have a pretty Mac as a toy, but when you go to work, nearly everyone uses Windows. COM and MFC is trash, but at least it still works.

      --
      "First they came for the slanderers and i said nothing."
    24. Re:Why now? by geekprime · · Score: 1

      When you lose your only real innovator you go legal?

    25. Re:Why now? by phantomfive · · Score: 1

      Apple will help companies upgrade apps.

      Oh yeah? I have an app that doesn't work anymore under Lion. How do I get them to upgrade it? Sure, they'll help Adobe upgrade their apps, but the rest of us don't get anything.

      Furthermore it is trash that I have to spend another hundred bucks to get third party software that works under Lion, when the old software was serving me perfectly well. In some cases you can just download an update, but in other cases you can't.

      --
      "First they came for the slanderers and i said nothing."
    26. Re:Why now? by jo_ham · · Score: 5, Insightful

      "every few years" is being disingenuous. Here in the "real world" we like to debate using accurate language.

      Carbon was the state of the art, so to speak, in OS 8.6 (and released before then). It was finally killed off in Lion (and strongly limited during the push into 64 bit with Snow Leopard).

      To say that, if your app relied on the Carbon API, that Apple was "forcing you to rewrite your code every few years" is to just be laughably dishonest. It was in use on the Mac (in the current latest OS version) since 1997 to 2011 - that's hardly a rewrite "every few years" - that's longer than the entire lifetime of OS X itself (not including its time as a NeXT product).

      Cocoa was introduced with OS X and worked alongside Carbon for many years until finally taking over as the sole player in mid 2011 (and slightly earlier in Snow Leopard for 64 bit apps, it was still there just in 32 bit only).

      If you can't manage to alter your code to transition to Cocoa in the TEN YEARS that OS X has been around (and the same amount of time you've known that Carbon was deprecated) and you're whining that Apple is making it hard for you then you need to get a different fucking job. Perhaps something with a little less "time pressure" like Bonsai tree gardener or continental plate drift measurer or something. I know ten years is barely enough time to make changes to your code.

      I am of course, assuming that your code existed on the Mac in OS 9. If it started its life on OS X and you still used Carbon then... well, I return to my point about getting a different job. Clearly reading the documentation is too challenging.

    27. Re:Why now? by JAlexoi · · Score: 5, Insightful

      You probably missed the main difference here - HTC is Google's partner that is being sued over Android by Apple, while Apple transfered their patents to a patent troll.
      To all Apple app developers under fire from Lodsys - this is what the company that you develop for* thinks of patent trolls.

      * - Yep, you develop for them, notice how your hard work resulted in their successful ad campaign "There's an app for that"

    28. Re:Why now? by mabhatter654 · · Score: 1

      If you are doing enterprise stuff you were silly to ever leave IBM an RPG. I maintain systems that use code written in '85.

    29. Re:Why now? by mabhatter654 · · Score: 0

      To be fair when Steve Announced the iPhone he said they filed 200+ patents on it. Right from Day One Apple made their intentions clear.

      Frankly, all the current smartphones are a copy of iPhone and what Steve pushed. Before iPhone, smartphones were a geek "toy" because they were painful to use. Steve showed the world how phones could be EASY and for Everybody.

    30. Re:Why now? by Anonymous Coward · · Score: 0

      Google is the new Microsoft.

      Apple is the new Apple. Ftfy

    31. Re:Why now? by meerling · · Score: 1

      I guess you really don't want to know how many companies out there are still running lots of machines on Win9x. (Even Win95.)
      Companies are notorious for not updating. It's a hassle and expense for them they'd rather jury-rig their way around more often than we think is sane.
      Considering that, giving companies a warning that they only have a few years to move away from something, is like telling a slug he's got an hour to get to the shelter a mile away or he's getting a salt bath.

    32. Re:Why now? by Anonymous Coward · · Score: 0

      Dr. Strangelove right?

    33. Re:Why now? by jo_ham · · Score: 1

      And by a few years you mean a whole decade. They gave it long enough.

      "In ten years time, this API is being removed from OS X, just a heads up"

    34. Re:Why now? by Raenex · · Score: 2

      Apple has always been about proprietary and high-priced consumer items. I don't know where you're getting this, "Google is the new Apple," schtick from.

    35. Re:Why now? by phantomfive · · Score: 1

      In actuality, it's not just about enterprise. Enterprise notices the problem earlier, but,

      what end-user likes buying their software over again every time they get a new computer? It can be a waste of several thousand bucks, to do exactly what you were doing before, if you're lucky and the company who made your software still exists.

      Unless your computer is an entertainment device that occasionally does word processing. In that case, who cares about backwards compatibility?

      --
      "First they came for the slanderers and i said nothing."
    36. Re:Why now? by phantomfive · · Score: 1, Interesting

      If you can't manage to alter your code to transition to Cocoa in the TEN YEARS that OS X has been around

      Why should I have to? There's no reason, except Apple ordained it.

      Carbon was the state of the art, so to speak, in OS 8.6 (and released before then). It was finally killed off in Lion (and strongly limited during the push into 64 bit with Snow Leopard).

      OK, fine, and now Cocoa is the 'state of the art.' When will Apple decide to deprecate that? What do I do if I can't get a version of my software for Cocoa? It doesn't matter to me because they've already lost me. I'm switching to a platform that is more stable.

      --
      "First they came for the slanderers and i said nothing."
    37. Re:Why now? by jo_ham · · Score: 2, Informative

      Come on, you're arguing that ten years is too short of a time span?

      So far Apple has not deprecated Cocoa, so going by their past history with Carbon I'd say you have approximately a decade to make some changes to your code if they say it's deprecated tomorrow.

      You say there's no reason to have to rewrite your code, except that it's been ordained by Apple. So, your argument is that once you've done it once that it should be forever supported?

      I'll let Microsoft know it's cool to bring back ActiveX, or that ALL code written on Linux systems 10 years ago should run perfectly *especially* between kernel versions. Nothing is ever allowed to be replaced with a different way of doing things.

      So, out of interest, what "more stable" (I assume you mean it turns over its APIs less frequently than every decade) platform have you moved to?

      Seriously, you're arguing like Apple just rocked up one day and told you Carbon was now gone and your defence is "wah wah! I shouldn't have to rewrite this code! I wrote it fine 10 years ago!".

      Call on line 2 for you, it's the whaaaaaaaaaaambulance.

    38. Re:Why now? by phantomfive · · Score: 0

      So, your argument is that once you've done it once that it should be forever supported?

      My argument is that you blindly follow Apple propaganda, and don't realize the obvious point that backwards compatibility matters. Fanboyism is not fatal though, don't worry.

      --
      "First they came for the slanderers and i said nothing."
    39. Re:Why now? by LordVader717 · · Score: 1

      We're not talking cutting-edge software with daily builds here, the 'enterprise market' is very much about end-user solutions which are reliable, consistent and can remain unchanged for many years. And no, there is nothing wrong with wanting to use Win95 software.
      You have to hand it to Microsoft that Windows will still basically run most Windows 9x software you throw at it. They also offer extensive visualization features. Heck, Windows 7 will flat-out give you a Virtual XP machine. Apple doesn't even bother with that kind of functionality.

    40. Re:Why now? by jo42 · · Score: 1

      Google is the "I wanna be something other than an advertising company".

    41. Re:Why now? by jo42 · · Score: 0

      Apple doesn't understand that Microsoft won because they were very responsive to what customers wanted. They bent over backwards to give what (the biggest segment of) customers wanted.

      And that's why the Windows 7 UI is an abortion gone wrong.

    42. Re:Why now? by jo_ham · · Score: 1, Informative

      Right, I understand that backwards compatibility matters, and that you're arguing that Apple *doesn't* care about that, despite the clar evidence to the contrary - ten years of support for a deprecated API, extensive support for Classic (OS 9 apps) long into the life of OS X, strong support and tools to facilitate the changes in architecture (68k > PPC, PPC > x86), running with Universal binaries for a long time.

      You're trying to argue a position that simply isn't supported by the evidence.

      So, Apple occasionally phases out APIs that were originally introduced in OS 9, and gives a decade of warning while keeping them in OS X - I'm failing to see how this demonstrates that they don't believe backwards compatibility matters. At some point you have to get rid of the outdated code. Just look at the mess Windows was left in because they *didn't* do that.

      DISCLAIMER: I'm not arguing that all old code is outdated and needs to be replaced, but some pieces of it do.

      This is not just related to Apple (although feel free to just dismiss me out of hand by calling me a fanboy if you think it makes your argument stronger), this applies to any non-static codebase. Some things stay the same, some things get improved over time.

      Do you think that OS X should have kept OS 9's memory model? I mean, you shouldn't have to change your code, right?

    43. Re:Why now? by jo_ham · · Score: 1

      No, of course not (eyeroll), they just had the Classic environment that was essentially an OS 9 VM (not exactly, but for all intents and purposes, that is the function it served) for years after OS X was released (worked on all PPC Macs up to 10.4, finally ended with the release of Leopard in 2007).

      They knew that OS 9 was pretty stone age as far as code went (I mean, just look at the memory model), so at some point you just have to call time - for Apple that was *long* after OS X had been the main OS.

      If you had an end user system that was "reliable, consistent and remain unchanged for many years" and relied on the Carbon API then it would have worked from OS X's release ten years ago right up to Lion's release 3 months ago (assuming you updated OS X every time there was a new version, not that you have to even do that). I'd say that was "many years" of unchanging stability.

      I'm not arguing that backwards compatibility is bad, or that everyone should jump on the "hot new thing" at every opportunity, just that things do change over time, and it's hard to argue that Apple hasn't been giving people fair warning about deprecating old APIs or cutting people off when they changed architectures.

    44. Re:Why now? by inpher · · Score: 1

      Apple will help companies upgrade apps.

      Oh yeah? I have an app that doesn't work anymore under Lion. How do I get them to upgrade it? Sure, they'll help Adobe upgrade their apps, but the rest of us don't get anything.

      "Apple Developer Program members may contact Developer Technical Support for code-level technical assistance." At developer.apple.com/contact (under the Mac section) you can request an Apple engineer to look at your code and respond to your request. They have the same deal for every iOS developer as well.

    45. Re:Why now? by viperidaenz · · Score: 3

      you can't simply "alter your code" to transition to Cocoa. Cocoa can only be used with Objective-C. if your code it written in C/C++ then you need to trash it all. It took Apple many years to move their own products to cocoa. Final Cut still doesn't support many features of its previous version

    46. Re:Why now? by heinousjay · · Score: 1

      You could of course not upgrade to Lion. I know you deserve to have everything just as you want it, but it's hard to convince the rest of the world to line up to supply you :/

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    47. Re:Why now? by Anonymous Coward · · Score: 0

      Doesn't work that way. If you haven't been defending the patent, against products that you know were infringing, then the courts will take a dim view of either you or anyone you sell it to later trying to enforce it.

      Not that I'm disagreeing with the remainder of your post, just the part about resetting the clock by selling the patent.

    48. Re:Why now? by Rennt · · Score: 1

      Apple don't want a share of Android's profits - they don't want Android to exist. Driving up the cost of bringing an Android device to market is part of that.

    49. Re:Why now? by mysidia · · Score: 1

      They would do better if they were more responsive to customers (like, ok, remove Carbon if you must, but provide a downloadable compatibility layer, or open source it! Some people need this stuff).

      Compatibility layer? What, like Rosetta?

    50. Re:Why now? by jo_ham · · Score: 1

      It's a different API, but it doesn't mean you have to throw out all your old C.

      And yes, it took time to move things - the ten years Apple kept Carbon around after they indicated it was deprecated certainly speak to that. If it takes you 10 years to update your code for Cocoa then I guess you'll just be keeping Snow Leopard around until someone else comes along with a Cocoa version of whatever it is your code does.

      I'm aware that transitions to a new API are not as simple as a quick alteration (depending on complexity). Don't mistake my lack of specifically defining the difficulties for a belief that it's trivial.

    51. Re:Why now? by symbolset · · Score: 4, Insightful

      Shifting now to the patent troll sockpuppet CEO POV.

      I can't get retroactive damages, but I'm not blocked by estoppel in pursuing my claim if I just bought a patent and it wasn't heretofore acted upon because it wasn't me that failed to act. That I worked for the previous owner for twenty years and now work for this transparent spinoff is irrelevant because it's a different legal entity whose ownership and control is cloaked in privacy regulation. I can pursue injunctions in various jurisdictions. The shadows of ownership work for me here. I can keep the matter before the courts and so in doubt for several years - which is the point. With good motion practice just getting to discovery can take over a year, and three years to trial. With luck I can distract real workers in counterparties with depositions and preparing with such, make being in such an adversarial environment personally less pleasant. A distributed array of lawsuits can shut down executives and engineers completely - and that's the point. And while it's in doubt I can encourage the counterparties to settle for the larger damages implicit in their developed dependence without let - and that whole time it's legitimate flackalyst press bait.

      I might not be able to win in the courts, but that's OK. Really, a decisive decision in court is like 3% of how these things end up. Some settle after a couple years to fund the puppets like me, and some don't.

      If I score a couple good licensing deals I can merit a good bonus and buy a few square miles of Idaho to build a lodge on and retire in - and then sue the same victims again.

      I might run out of capital and become a bankrupt shell immune from countersuits, but that's OK because then I can hop back to the corporation I came from as a conquering hero who fought the good fight and took one for the team, and buy the lodge out of my bonus. It's all about keeping the FUD in play for as long as possible to prevent progress. By keeping multiple puppets with multiple claims in play I can use the courts to halt progress, and those that settle pay me to keep this up. One way or another I'm spending my idle years fishing Golden Trout from a Barcalounger in my living room, because a stream runs through it.

      Winning the suit is not the goal here. Here the lawyers are just cogs in the machine. The goal is preventing progress I don't control.

      --
      Help stamp out iliturcy.
    52. Re:Why now? by mldi · · Score: 4, Interesting

      Apple has always been about proprietary and high-priced consumer items. I don't know where you're getting this, "Google is the new Apple," schtick from.

      Apple used to include schematics for the computers they sold. So no, they didn't always used to be about proprietary, and they weren't always complete dicks.

      --
      If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
    53. Re:Why now? by mldi · · Score: 1

      Apple doesn't understand that Microsoft won because they were very responsive to what customers wanted. They bent over backwards to give what (the biggest segment of) customers wanted.

      And that's why the Windows 7 UI is an abortion gone wrong.

      Curious, because all the reviews I read about Windows 7 praise it. Which UI elements are we even talking about here? Note that I've only used it maybe a few days total time, but when I did it seemed fine.

      --
      If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
    54. Re:Why now? by Anonymous Coward · · Score: 0

      "surprise! too bad!" ... uh, siri? Taking a snapshot by pressing a volume button? wifi syncing? I could go on... lol

      Either way, on Windows, I can install SimTower and have it run without an emulation layer all the way up to XP (7 and Vista I haven't tried). Windows runs fine for me even with archaic libraries like WinG installed.

      Also, why would you keep transitioning architectures, breaking backwards compatibility. It seems stupid to do so to begin with unless you're running a software layer like Java, Flash, or Dalvik. WHY did they do these things? There's no real reason...

      And you're also saying that just because for no reason, (if I were a business) that has a perfectly fine program that runs exactly what we need, we should throw $50k-2+ mil to rewrite my perfectly fine software?

    55. Re:Why now? by hrimhari · · Score: 1

      It's bad business model to support everything forever. It makes each new version more expensive than any predecessor due to the extra validation, maintenance and support. What customer wants to buy new software that costs ever more than the predecessor?

      Show some successful companies that keep support for everything they ever made as API, or please stop trying to win the "discussion" by repeating the same thing over and over until we agree just to stop the torture.

      --
      http://dilbert.com/2010-12-13
    56. Re:Why now? by Basehart · · Score: 1

      "And it's perfectly legal." I often wonder for how long? The patent system is so broken it's unbelievable.

    57. Re:Why now? by Basehart · · Score: 3, Interesting

      * - Yep, you develop for them, notice how your hard work resulted in their successful ad campaign "There's an app for that"

      Oh please, give me a break. Most developers I know do it to make money (and have fun at the same time in many cases). It's like the old "I gave this country thirty years of service, and what did it give to me." line. How about a paycheck every two weeks, free or heavily subsidized health care and a pension for the rest of your life!

    58. Re:Why now? by symbolset · · Score: 1

      How long it's legal is a political thing. Given political and regulatory capture processes currently extant I'm going to have to say "until the revolution comes."

      --
      Help stamp out iliturcy.
    59. Re:Why now? by Anonymous Coward · · Score: 1

      No, no ... ... great concept, but no cigar ...

      HP is the old APPLE.
      APPLE is the new Google.
      Google is the new Microsoft.
      Microsoft is the new Sony.
      Sony is the new radioactive crispy critter.

    60. Re:Why now? by um...+Lucas · · Score: 1

      Yeah, selling all those iPhones, iPods, iPads, iMacs and MacBooks certainly isn't working for apple. When will they open their eyes to this? In case it wasn't apparent, apple has next to no interest in the enterprise segment.

    61. Re:Why now? by jo_ham · · Score: 1

      "surprise! too bad!" ... uh, siri? Taking a snapshot by pressing a volume button? wifi syncing? I could go on... lol

      Sure, you could go on... some random non sequitur.

      "lol"

      I think I can stop reading right there. Also, you forgot to log in.

    62. Re:Why now? by phantomfive · · Score: 2, Interesting

      Right, I understand that backwards compatibility matters, and that you're arguing that Apple *doesn't* care about that, despite the clar evidence to the contrary - ten years of support for a deprecated API, extensive support for Classic (OS 9 apps) long into the life of OS X, strong support and tools to facilitate the changes in architecture (68k > PPC, PPC > x86), running with Universal binaries for a long time. You're trying to argue a position that simply isn't supported by the evidence.

      I'm arguing their support for backwards compatibility isn't sufficient for me. If you like rewriting your code all the time, or having to buy new software because your vendor had to rewrite their code, then do what you like. I'm switching to a platform where I don't have to do that. Apple has demonstrated that they are perfectly ok getting rid of an API after five years (not a decade, like you claim). Furthermore, they have made no provisions for those people who wish to continue using that API. If you want to live under those constraints, go ahead. I'm moving to the open world.

      --
      "First they came for the slanderers and i said nothing."
    63. Re:Why now? by phantomfive · · Score: 1

      That was a good one. But they stopped releasing it. You can't get it anymore, and it is a real shame for people who want to run older apps on newer macs (they didn't have a technical reason to not release it anymore, they chose not to).

      --
      "First they came for the slanderers and i said nothing."
    64. Re:Why now? by phantomfive · · Score: 1

      Show some successful companies that keep support for everything they ever made as API, or please stop trying to win the "discussion" by repeating the same thing over and over until we agree just to stop the torture.

      I'm not trying to win the discussion. It isn't a contest. Are you one of those people who makes every conversation into a contest? In answer to your idiotic question, which I say is idiotic because you could have answered it yourself if you had thought about it a bit, both IBM and Microsoft do much better support over the longterm. IBM still supports stuff from the 70s. Microsoft supports stuff from the 80s. There is no Apple software over 10 years old that will still run on a Mac.

      If you think you are torturing me by being an idiot, you are wrong. I like mocking idiots.

      It's bad business model to support everything forever. It makes each new version more expensive than any predecessor due to the extra validation, maintenance and support. What customer wants to buy new software that costs ever more than the predecessor?

      I am not satisfied with Apple's backwards compatibility. Repeatedly I've been frustrated over the years as old software no longer works, and often can't be replaced. It is something I will no longer put up with. I'm tired of being burned. If you are happy with it, then keep buying Apple computers.

      --
      "First they came for the slanderers and i said nothing."
    65. Re:Why now? by phantomfive · · Score: 1

      In case it wasn't apparent, apple has next to no interest in the enterprise segment.

      Clearly they do, otherwise they never would have made X-Serve, and they wouldn't have made enterprise features like remote wiping for the iphone. They don't know how to support enterprise, that is their problem.

      --
      "First they came for the slanderers and i said nothing."
    66. Re:Why now? by phantomfive · · Score: 1

      You could of course not upgrade to Lion.

      You can do that for a while, but eventually you have to buy a new computer. Specifically this time I wanted to upgrade XCode, but I couldn't do it without Lion.

      I know you deserve to have everything just as you want it, but it's hard to convince the rest of the world to line up to supply you

      The world can do what they want. I'm moving away from OSX to a more stable platform.

      --
      "First they came for the slanderers and i said nothing."
    67. Re:Why now? by phantomfive · · Score: 1

      "Apple Developer Program members may contact Developer Technical Support for code-level technical assistance." At developer.apple.com/contact (under the Mac section) you can request an Apple engineer to look at your code and respond to your request. They have the same deal for every iOS developer as well.

      This would be great if I owned the code, but I don't. And the original creators seem to have no interest in upgrading it.

      --
      "First they came for the slanderers and i said nothing."
    68. Re:Why now? by phantomfive · · Score: 1

      Have you even used Windows 7 UI? There are a few things that annoy me (maximizing the window when you move it to the edge of the screen??), but overall it's solid. And I say that as a longtime Microsoft hater.

      --
      "First they came for the slanderers and i said nothing."
    69. Re:Why now? by HiroProX · · Score: 1

      Things like the smartphone and tablet pretty much came from Alan Kay, who spent time at pretty much every single big name company in Silicon Valley.

    70. Re:Why now? by Kalriath · · Score: 1

      You get two DTS calls. That's it. After that, it's incredibly expensive. I don't call that "help".

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    71. Re:Why now? by anonymov · · Score: 1

      For me it was one of several things I miss from better window managers, others being generic "always on top" switch and Mod+drag to move/resize.

      <sidetracked>"Always on top" can be easily solved with miscellaneous third-party soft, but is there a way to repurpose, say, right win key for moving/resizing windows on drag? I still haven't found one, sadly.</sidetracked>

    72. Re:Why now? by dkf · · Score: 1

      you can't simply "alter your code" to transition to Cocoa. Cocoa can only be used with Objective-C. if your code it written in C/C++ then you need to trash it all.

      Not true. You can call Obj-C APIs fairly easily from C provided you don't mind the complexity of assembling the message and dispatching it. You'd just be doing what Obj-C does for you behind the scenes. And if you can do it from C, you bet you can do it from C++.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    73. Re:Why now? by doccus · · Score: 1

      I'm with you on this.. but I've stopped trying to say so. the wall of defence that gets thrown up in my face every time I point out the obvious about the iAlmighty iCorporation...

    74. Re:Why now? by hitmark · · Score: 1

      Makes one wonder if there should be some kind of time limit between becoming aware of the patent breach and the litigation or on forfeit the patent. Then again, that allows the big ones to bully the smaller ones. But then that seems to be a very generic problem as long as one can stall a court process until the smaller party runs out money to pay lawyers.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    75. Re:Why now? by KDR_11k · · Score: 2, Informative

      On the other hand Motorola just got an injunction against Apple for basic GPRS tech in Germany. Apple will sooner or later learn that getting into a patent war with cellphone manufacturers that have been making the things for decades is not a good idea.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    76. Re:Why now? by AmiMoJo · · Score: 1

      And just to offer some comparison with their main competitor, Microsoft, the betas of Windows 8 still have the Win32 API so code written for Windows 95 still works. Some people are still running 16 year old software, typically vertical applications that they can't easily have updated. To give you an example I worked at a place where they had an app for writing software for a proprietary smoke extract system where the original developer had long since been absorbed into another company and had no interest in updating it. It was developed in the mid 90s as a cutting edge 32 bit app, and still works today.

      If it had broken Microsoft provides compatibility options and even a completely virtualised Windows XP. Again I know people who rely on that to run software for old hardware devices like large format vinyl sign cutters or milling/grinding CNC machines. Throw a parallel port card into a modern PC running Windows and you are set.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    77. Re:Why now? by markoresko · · Score: 0

      Apple looks like new SCO to me.
      Apple is selling PC's (other companies make it for them) you can buy anywhere, anyway, and packing BSD and proprietary libraries on top.
      It's proprietary and closed and remotely-controlled practice looks like Microsoft is doing, BUT with "you can choose your hardware vendors" decency that Microsoft have and Apple computers company lacks.

      It would not take a lot of time to see Apple die, innovation is not - being so called "patent" troll on wheel they are.

      IBM is IBM.
      Apple AND Microsoft are new SCOs.
      Google is new Google+Microsoft
      Oracle is filled with good technology, just going in proprietary asshole direction that would eat itself the same way Mainframes eat themselves. Slow death but death is inevitable with asshole management.

    78. Re:Why now? by KDR_11k · · Score: 1

      Porsche makes pickups under some of the brands of what's now the VW Group. They founded VW back when the Nazis wanted cheap cars for the masses.

      Not that it really matters for the Apple comparison but Porsche is far more than the sports cars they're associated with now.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    79. Re:Why now? by DougBTX · · Score: 1

      I guess you really don't want to know how many companies out there are still running lots of machines on Win9x. (Even Win95.)

      This is what makes the whole argument in this thread stupid. So, Apple is a failure because they don't market new hardware to companies who would rather run Win98 machines?

    80. Re:Why now? by Anonymous Coward · · Score: 0

      I have a program I wrote in university in 1995 for Windows 3.1. I am running Windows 7, and the program still works. That's 16 years of full backwards compatibility. If I had kept any of the programs I wrote for DOS before then, they'd still work too. Backwards compatibility isn't a features - it's critical requirement. Apple don't get that; and that's why they lost the corporate market.

    81. Re:Why now? by Pinky's+Brain · · Score: 1

      More like the new Rambus unfortunately.

    82. Re:Why now? by dimeglio · · Score: 4, Insightful

      Patents are now commodities which can be bought and sold and just like weapons, they can be used to attack an enemy. Welcome to corporate warfare.

      --
      Views expressed do not necessarily reflect those of the author.
    83. Re:Why now? by Sique · · Score: 2

      No. You got things messed up.

      There was the engineering company Dr. Ing. h.c. F. Porsche G.m.b.H, which designed cars for other companies, but didn't have their own production facilities. It designed for instance the Typ 12 for Zündapp, which created the base for the later Volkswagen, but never left the prototype state. An improved prototype (Typ 32) was developped for NSU, and based on those, the Porsche Typ 60 was developped, and a new company was founded by the Deutsche Arbeiterfront, to build the Typ 60 as KdF-Wagen (Volkswagen) and its military twin, the Kübelsitzwagen or Kübelwagen (Typ 82). But the Kübelwagen was no pickup. The Porsche GmbH itself was neither part nor owner of the KdF-Werke, it only provided the construction plans for the KdF-Wagen and earned more than 20 Mio Reichsmarks for it till 1945. It still worked for other companies too, designed for instance the Auto Union Typ D racing car for the Auto Union, one of the most successful pre-WWII racing cars. And in 1937, it started the development of the Volkstraktor, a diesel powered tractor to motorize the german farming sector. Still no pickup. And still no production facilities.

      The first of those was founded in Austria in 1944, the Porsche-Werk Gmünd, where the first car called Porsche (the 356) was manufactured after 1947.

      So no, Porsche never designed or sold a pickup.

      --
      .sig: Sique *sigh*
    84. Re:Why now? by Anonymous Coward · · Score: 0

      Agreed, at least on their non-product business tactics for market share.

    85. Re:Why now? by JAlexoi · · Score: 1

      Oh please, give me a break. Most developers I know do it to make money (and have fun at the same time in many cases).

      How does that contradict to any of my statements? Simple fact is, that Apple grabs 18x more revenue than the whole mobile app market. Basically, for every dollar app you sell, Apple benefits $18. Nothing wrong with that per se, just a reminder to the app developers that Apple has no problem with patent trolls like Lodsys...
      But getting riled up over nothing seems to be the flavour of the day every day on /.

    86. Re:Why now? by JAlexoi · · Score: 1

      But forgot to say that they were blatantly using other's patented technologies to have a "phone" in their iPhone. So let's just keep the "fairness" away from this, Ok?

    87. Re:Why now? by Anonymous Coward · · Score: 0

      you misinterpreted what he was saying. At the current point in time, porsche, is part of the VW group, as such, SOME marques they own are pickups, they sell other cars than just porsches.

      in other words, eventhough the viper is a dodge, chrysler still makes it

    88. Re:Why now? by Anonymous Coward · · Score: 0

      woz left along time ago

    89. Re:Why now? by Anonymous Coward · · Score: 0

      Google is the new Apple.

      Not with the high-handed approach in getting us move to Google+^H^H^H^H^H^H^HGmail New Look, it isn't.

      It's evil now.

    90. Re:Why now? by AmigaMMC · · Score: 1

      Jobs striked more like a Hitler.

    91. Re:Why now? by Vintermann · · Score: 1

      Maybe they count on judges to be iProduct fans, convinced of the boundless genius of Saint Steve. But I don't think that cult transfers to a patent troll sockpuppet - that's more the kind of thing you do when you want to harass and spread FUD (a la SCO), not to win.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    92. Re:Why now? by Vintermann · · Score: 1

      They gave everyone *years* to move away from Carbon.

      That is not how enterprise software works. Most of the time, enterprise software is already legacy software, and believe me, you do not want to be the one rewriting it for the GUI toolkit de jour.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    93. Re:Why now? by Vintermann · · Score: 1

      if your code it written in C/C++ then you need to trash it all.

      Bindings are always possible. But throwing away the C++ code (which could potentially compile to competitor's platforms), and make you go all in on Apple, was surely what Jobs tried to pressure you to do - just look at iOS.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    94. Re:Why now? by Vintermann · · Score: 1

      It's why MS has been struggling so hard lately.

      Hardly. They have finally kicked their legacy habits, while maintaining a lot of legacy support, and also done everything Apple did (and more!) to help developers update. Windows 7 is a solid OS (and I say that as someone who's used Linux exclusively on my own computers for 10+ years)

      --
      xkcd is not in the sudoers file. This incident will be reported.
    95. Re:Why now? by Sique · · Score: 1

      And still no. VW owns only 49.9 percent of the Porsche AG. So Porsche is not part of the VW group, VW just happens to be the largest shareholder. And while there is a long history of cooperation between VW and Porsche, starting with the VW Beetle in 1938, and covering such cars as the 814/816 or the 924/944 or most recently the Porsche Cayenne/VW Touareg, the pickups sold by VW were either designed inhouse (VW Transporter, Caddy, Caddy III), designs of Skoda (Caddy II), Autolatina (Amarok), of Toyota (Taro), or M.A.N. (LT Series).

      --
      .sig: Sique *sigh*
    96. Re:Why now? by phantomfive · · Score: 1

      As soon as I installed OSX Lion, three applications that were in my dock stopped working immediately. One was updateable, one was definitely not, and I'm still not sure about the third. I know people who got burned even worse in the upgrade from classic, lost a lot of data.

      --
      "First they came for the slanderers and i said nothing."
    97. Re:Why now? by inpher · · Score: 1

      You get two DTS calls. That's it. After that, it's incredibly expensive. I don't call that "help".

      What kind of blatant entitlement is this? Seriously!? If you go to a tailor you never expect to help you get your seems fixed for free, especially not twice before paying. Never, ever, would they accept any argument along the line "but it would make you look good if I wore a my suit sewn by you".

      If you go to a a doctor to help diagnose your medical problem the doctor would just laugh at you and point to the door if you insist he should not be reimbursed for his time and knowledge and service to you because it might somehow be in his interest to have you healthy or somehow able to "spread the word around about what great guy he is".

      If you take your computer to Geek Squad you pay for their service. You never get two technical support incidents fixed by for free by them.

      It is the same thing, there is nothing inherent in a service that warrants it being provided for free. Only those who think that everyones time and knowledge is worth free (nothing) thinks that way.

      Apple is quite reasonable in giving you a limited number of free technical support calls for something that is not a warranty (or similar issue) and then asking for about the price of a haircut (under $50 per incident) for something that could be looked at for days worth of billable hours if it was pure consulting.

      Apple should not fix someone else's broken code, they have extensive documentation on their API:s, they have developer forums that are frequented by their own engineers. They promise will help you twice per year, for free, in addition they may help you an unlimited number of times on the developer forums. In addition they offer cheap DTS at a cheap fixed rate.

    98. Re:Why now? by inpher · · Score: 1

      That may be a problem, but if the application is important to you perhaps you could work out a licensing deal with the owners?

    99. Re:Why now? by phantomfive · · Score: 1

      In my case, it's Blizzard Starcraft 1. How on earth do you expect me to make a licensing deal with Blizzard? It seems the best choice I have now is to run it under Wine. At which point, I might as well be running Linux.

      --
      "First they came for the slanderers and i said nothing."
    100. Re:Why now? by mikael · · Score: 1

      The 80's and 90's were the time any hardware vendor could "Be different" from everyone else and get away with it - custom file systems, stylised computer cases and keyboards and monitors. All those home computers; Apple II, Atari, BBC, Dragon 32, Commodore 64, Oric, and even luggable computers like the Osborne as well as workstations.

      Once the IBM PC came out, that set the standard for keyboards and PC hardware layouts (transformer, motherboard, CPU socket, graphics card, serial/parallel/network communications). In terms of where things are placed, there is much difference from a tower unit from the 1990's and a gaming rig now. Everything then had to have a FAT-16/ FAT-32 compatible filesystem.

      Apple wants to go after the creative artists. To do that they have to bring out something new, improved, different and better than the original each time. Enterprise market just wants something that is more cost-effective, faster, cheaper, more power-efficient but works just the same as the original. I don't think those two markets can be accomodated at the same time.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    101. Re:Why now? by phantomfive · · Score: 1

      Apple wants to go after the creative artists. To do that they have to bring out something new, improved, different and better than the original each time.

      I'm not so sure that's true, creative artists want something beautiful. And Apple does this, even down to their APIs. I think OpenStep is something beautiful, and other parts of OSX are as well (it's based on Unix, after all). But maybe you are right, that novelty is important. I can't definitively prove otherwise so I will concede that point for now.

      Enterprise market just wants something that is more cost-effective, faster, cheaper, more power-efficient but works just the same as the original. I don't think those two markets can be accomodated at the same time.

      I don't think this is true. You can be backwards compatible while still being original, and in fact, the greatest artwork comes from doing beautiful things in what seem like difficult constraints (the Sistine chapel, for example, or a Bach Fugue). In this particular case, it is not too hard.....you don't even need to install the Carbon APIs by default, just as Java is no longer installed by default on OSX. Make it available as an extra library, or release it as open source. Artist types won't know the difference. Instead, Apple has chosen to kill it.

      --
      "First they came for the slanderers and i said nothing."
    102. Re:Why now? by Kalriath · · Score: 1

      You do of course realise my point was not that Apple should help you for free, not at all. My point was that your statement that Apple's technical support is equivalent to them helping upgrade your apps to their latest mandate is completely false, and your followup post proved my point most spectacularly. And by the way, having experienced DTS, it's not all it's cracked up to be. A quite frequent response is "It shouldn't be doing that. Our engineers have asked if you can please log a bug" (and I've reported stuff three years ago that still hasn't even been acknowledged). At work, we have an off-the-shelf product and some customisations done to it by a third party. Somewhere, buried deep in the contract, is a rider clause saying that if we ever upgrade that off-the-shelf product, the third party must upgrade all of our customisations for free. And I'm told this is fairly common.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    103. Re:Why now? by inpher · · Score: 1

      You made no indication of who the owner of the was, I assumed it was either a company that does not exists anymore or some other abandonware. How do you expect me to know it was Blizzard you meant about when you did not even hint that is was a game you were talking about when you used the generic term "app"? Especially when you wrote "I have an app that doesn't work anymore under Lion. How do I get them to upgrade it? Sure, they'll help Adobe upgrade their apps, but the rest of us don't get anything." You also hint that the company you so perfectly obscured in your non-description is not of a similar or greater economic/political impact like that of Adobe one can only assume they are a smaller shop and therefore would be more welcoming for a licensing deal or even purchase. Next time, can you please be more up-front about it and you will not be irritated when people misunderstand you?

    104. Re:Why now? by phantomfive · · Score: 1

      You made no indication of who the owner of the was, I assumed it was either a company that does not exists anymore or some other abandonware.

      No, that happened to me when Apple killed classic.

      How do you expect me to know it was Blizzard you meant about when you did not even hint that is was a game you were talking about when you used the generic term "app"?

      What difference does it make?

      --
      "First they came for the slanderers and i said nothing."
    105. Re:Why now? by inpher · · Score: 1

      You do of course realise my point was not that Apple should help you for free, not at all. My point was that your statement that Apple's technical support is equivalent to them helping upgrade your apps to their latest mandate is completely false, and your followup post proved my point most spectacularly. And by the way, having experienced DTS, it's not all it's cracked up to be. A quite frequent response is "It shouldn't be doing that. Our engineers have asked if you can please log a bug" (and I've reported stuff three years ago that still hasn't even been acknowledged). At work, we have an off-the-shelf product and some customisations done to it by a third party. Somewhere, buried deep in the contract, is a rider clause saying that if we ever upgrade that off-the-shelf product, the third party must upgrade all of our customisations for free. And I'm told this is fairly common.

      O'rly? You wrote "You get two DTS calls. That's it. After that, it's incredibly expensive. I don't call that "help"." I realize not that I was trolled /. instead of trying to have an intelligent conversation, sorry I misunderstood, now I know your true colors.

    106. Re:Why now? by CheerfulMacFanboy · · Score: 1

      HTC is a company that makes phones, it needed the patents to defend its business. DI is a company that trolls patents, it needed the patents to have a business.

      Yeah, in this case Google is company that makes no phones and doesn't need patents hiding behind those who have no patents to defend against those who have patents.

      --
      Fandroids hate facts.
    107. Re:Why now? by Billly+Gates · · Score: 1

      And this is why corporate America,software companies, and businesses love Microsoft and still use XP. Just dont be so shocked when no mac ports of popular win32 pacakages stay off your platform.

      If it took 10 years of work for your carbon app to have what it has today then logically it will take the same effort to rewrite it right? 10 years of expenses down the drain? I dont think so! If I were Adobe I would cancel mac support of the products in protest. Adobe 7 years ago almost wen win32 only as mac users represented only 10% of users at 50% of the costs.

    108. Re:Why now? by um...+Lucas · · Score: 1

      and they stopped with the x-serve as well, as they came to realize that thats not their market. They took a stab once they had a solid platform, and learned their lesson. individuals are happy to pay premium prices for their products. corps weren't so willing to do so at the server level. at the workstation level, yes. but not at the standard desktop level.

    109. Re:Why now? by Anonymous Coward · · Score: 0

      You might be shocked to know that big companies and big end user banking apps continue to release new activex versions of check scanning plugins, real estate mls apps, etc.
      Yet another reason MS continues to rule the desktop and will continue to do so for years.

    110. Re:Why now? by phantomfive · · Score: 1

      and they stopped with the x-serve as well, as they came to realize that thats not their market. They took a stab once they had a solid platform, and learned their lesson.

      You do realize, right, that this is a polite way of saying they don't know how to sell to enterprise?

      --
      "First they came for the slanderers and i said nothing."
    111. Re:Why now? by Rich0 · · Score: 1

      Carbon was from the OS 9 days - it needed to die, and it was deprecated really early in OS X's life.

      I dunno. I can probably install calculator from windows 3.0 on a 64-bit edition of windows, and I bet it will work just fine. I wouldn't be surprised if calculator from windows 2 works.

      For all its flaws - Microsoft almost never gets rid of an AI. You can call that a flaw, but it is a flaw that sells well in the enterprise market. It was only in the last 8 years that my employer really got rid of the last of their 3270 applications. Sure, it is ancient, but it worked and while lots of money was being spent on software development it was nice that they didn't have to spend it on a working app just because it was old.

      Ten year old software is an eternity in the consumer market, which Apple understands well. Ten year old software really is just getting started in the enterprise market. If you spend $75M on an ERP system you bet that you're going to not want to replace it every five years. Why do you think half the companies out there are still running IE6?

      Microsoft also offers security updates on an OS ten years after it was sold. Sure, they don't sell as many Vista upgrades that way, but it does mean that they get to collect their $30 or whatever every time a company buys a computer.

      Microsoft learned a long time ago that the best way to get enterprise business is to be able to say "yes" to every line in an RFP.

    112. Re:Why now? by Rich0 · · Score: 1

      Keep in mind windows will probably still run apps that were written against APIs that existed before Apple reached MacOS7.

      Ten years sounds like a lot of time until you think about how many apps are still written in COBOL.

    113. Re:Why now? by jo_ham · · Score: 1

      And railways weren't designed around interchangeable standards (rails, widths, couplers, even power systems), but that doesn't mean it's not a good idea to occasionally make some parts of it obsolete.

      I know what you mean, re: legacy. I use a piece of software that runs a UV/Vis spectrometer that is hardcoded to 8+3 uppercase only filenames and has extremely precarious existence on the Windows XP system it runs on (even slight perturbations can bring it all down). It worked fine when it was running on a Win95 system, but then was somewhat less stable on XP (maybe they changed something wrt supporting 16 bit apps), so the choice when the machine gives up is either keep an old copy of XP around and hope it will run on whatever can be cobbled together at the time (probably not difficult, but then you have network issues to deal with - everything else is moving to 7, so at some point the XP boxes will have to either upgrade or be dropped off the network, for policy rather that technical reasons).

      This wouldn't be a problem if the software wasn't originally designed for windows 3.1.

    114. Re:Why now? by jo_ham · · Score: 1

      You miss my point entirely. My argument is that if, in 10 years of knowing that your app was using a deprecated API and you did nothing to change that, then don't whine about how Apple is "screwing you" when they finally stop shipping it in Lion.

      I'm not saying that it takes 10 years to rewrite the app, just that people have known *since the release of OS X* that Carbon was an OS 9 API that was being phased out, and that there would be plenty of time to make changes and adapt.

      People are acting like this decision took them by surprise.

    115. Re:Why now? by jo_ham · · Score: 1

      Oh tell me about it - I use one that runs a UV/Vis spectrometer and it just about rolls along on XP, with some caveats (it will hang the computer if you try to quit it, it has some weird screen redraw issues if you minimise/maximise windows etc, you're limited to 8+3 all capital filenames), but it does spit out a text file with wavelengths and absorbances, so we soldier on with it.

    116. Re:Why now? by puto · · Score: 4, Interesting

      Really, The Apple 2 c had a faulty UART that would not let a modem pass 300 bps. So when you brought you Apple to the store in 1983-84 and asked what was going on the Apple store told you they needed to see the modem you owned. Be it a Hayes or USR instead of an apple modem they told you it was the modem, not the machine. Then you had to buy an apple modem. They took your machine in the back, and replaced the uart, and then hooked up an Apple modem with everything magically working. So fortunately someone figured it out, and we all took our machines in and lied and said we had Apple Modems. So I say complete dicks and proprietary since day one.

      --
      The Revolution Will Not Be Televised
    117. Re:Why now? by CheerfulMacFanboy · · Score: 1
      Yeah, and Apple doesn't keep them from using their DOS programs forever - and neither do they force consumers (and for that matter corporate users) to live with the consequences of keeping stuff like the A20 gate around forever.

      But the thing that irks you most is that many corporations don't care because even if they rely on ancient corporate solutions, they never wrote them onto the OS but based it something where the vendor actually does handle any changes in the OS.

      --
      Fandroids hate facts.
    118. Re:Why now? by CheerfulMacFanboy · · Score: 1

      In actuality, it's not just about enterprise. Enterprise notices the problem earlier, but, what end-user likes buying their software over again every time they get a new computer? It can be a waste of several thousand bucks, to do exactly what you were doing before, if you're lucky and the company who made your software still exists.

      So your complaint is that Macs last so long that when you buy a new Mac all your software is obsolete. Ignoring all the ways to still run it.

      --
      Fandroids hate facts.
    119. Re:Why now? by Anonymous Coward · · Score: 0

      Why should you have to? Because maybe you should stick with the program so to speak instead of using obsolete shit. Shit that was marked from the start of OSX as DEPRECATED.

      I use Windows and code for it, and even -I- knew that much. You're saying the equivalent of, "Oh damn, I have to upgrade my code so it no longer runs on DOS 1.0. Fuck youuuuuuuuuuuuuuuuuuu!!!!!!!!!", you lazy fuck.

      Things get deprecated. It's a fact of life in the software and computing world in general. If you don't like, or can't deal with change, you're in the wrong business, and instead should be off carving heiroglyphics in rock tablets someplace. There's your "platform that's more stable".

    120. Re:Why now? by phantomfive · · Score: 1

      So your complaint is that Macs last so long that when you buy a new Mac all your software is obsolete.

      Yes, that is one complaint. It's super-annoying when I have to buy all new software just because I bought a new computer.

      Ignoring all the ways to still run it.

      oh yeah? What ways are there still of running Carbon software?

      --
      "First they came for the slanderers and i said nothing."
    121. Re:Why now? by brantondaveperson · · Score: 1

      See, this is what happens with analogies. People end up arguing over the analogy instead of the actual issue.

      Apple make stuff for the markets they are interested in, and not the others. This is a simple fact. But not I don't think an especially interesting one. The same can be said for pretty much every other company in the world. The only reason the argument comes up when apple is the object of a discussion, is that everyone wants apple gear (because it's so beautifully designed) but not everyone can actually have it. It's either too expensive, or they don't make the product that a particular individual really wants.

    122. Re:Why now? by CheerfulMacFanboy · · Score: 1

      So your complaint is that Macs last so long that when you buy a new Mac all your software is obsolete.

      Yes, that is one complaint. It's super-annoying when I have to buy all new software just because I bought a new computer.

      Ignoring all the ways to still run it.

      oh yeah? What ways are there still of running Carbon software?

      Google them. If you aren't just trolling. But chances are slim for that.

      --
      Fandroids hate facts.
    123. Re:Why now? by phantomfive · · Score: 1

      Google them. If you aren't just trolling. But chances are slim for that.

      I have, there are none. You have become the troll.

      --
      "First they came for the slanderers and i said nothing."
    124. Re:Why now? by SenseiLeNoir · · Score: 1

      Well actually ALL 16bit applications (including the venerable calc) written for windows do not run on 64bit windows.. period... and its pretty understandable as it is a HARDWARE limitation (cannot directly execute 16bit code in 64bit long mode, as support for the virtual x86 mode is limited).

      But you can run them in "XP mode". However, they should run on win 7 32 bit fine.

      Agree with everything else you have written.

      --
      Have a nice day!
    125. Re:Why now? by BlackSnake112 · · Score: 1

      Unless your computer is an entertainment device that occasionally does word processing. In that case, who cares about backwards compatibility?

      That still matters for entertainment devices. Blue-Ray players can play DVDs. If they could not and one needed a separate DVD player, I could see even fewer Blue-Ray player sales.

    126. Re:Why now? by CheerfulMacFanboy · · Score: 1

      So you can neither use a Mac nor Google. Go back under your bridge.

      --
      Fandroids hate facts.
    127. Re:Why now? by phantomfive · · Score: 1

      And you are not cheerful, but you are a fanboy. Not even GW fanatics (on either side) say such idiotic things as the Mac fanboys I've found in this story. At least the GW people TRY to remain based in reality. Mac fanboys don't care, they just want to abuse people who disagree with them. Retards.

      --
      "First they came for the slanderers and i said nothing."
    128. Re:Why now? by BasilBrush · · Score: 1

      They say homophobia is caused by a repression of homosexuality in oneself. Given that about half your posts contain aggressive homosexual imagery involving Steve Jobs, not only do we have a pointer to your sexuality, but also the object of your attraction. Perhaps your shrillness is a reaction to his recent death.

  2. well done apple by phreakv6 · · Score: 3, Insightful

    this is a smart way to avoid negative publicity. 'apple sues xyz' makes apple sound like an evil company. 'digitude innovation sues xyz' is a way protecting the brand

    --
    fifteen jugglers, five believers
    1. Re:well done apple by CruelKnave · · Score: 4, Funny

      "Well, now we have a firm grasp of the obvious."

    2. Re:well done apple by nahdude812 · · Score: 5, Insightful

      So Digitude Innovation is the new SCO, which makes Apple the new Microsoft.

    3. Re:well done apple by Anonymous Coward · · Score: 1

      In this day and age where information is so freely available, does anyone still think this works? What's more, the term "shell company" has bad enough connotations that it's like admitting guilt of some sort of wrongdoing to most people. Odds are there's more important strategy behind it than just PR.

    4. Re:well done apple by camperdave · · Score: 3, Interesting

      So what happens if they lose? Spin off another company, "sell" them the patents, and sue again? Is this a lather, rinse, repeat situation - or is it one where, if the case is defeated, the patent is nullified?

      --
      When our name is on the back of your car, we're behind you all the way!
    5. Re:well done apple by Spodi · · Score: 1

      In this day and age where information is so freely available, does anyone still think this works? What's more, the term "shell company" has bad enough connotations that it's like admitting guilt of some sort of wrongdoing to most people. Odds are there's more important strategy behind it than just PR.

      "Think" it still works? I know it still works. It works wonders on the highly-opinionated individuals that do not look deep into the story before making up their mind. In this case, it also works very well with those who know little about business. That is a very large chunk of the population. "X does Y" is directly tied to X, and it is hard to deny the facts. "Z, a shell company of X, does Y" lets plenty of room for deniability in there.

    6. Re:well done apple by Anonymous Coward · · Score: 0

      Close. SCO was out to harm Linux; Digitude Innovation is more of a parasite, sucking profits off them to transfer to Apple. Microsoft wanted Linux dead; Apple wants to exact money from Android the same way that Microsoft already is.

      But, yeah, so close that for all intents and purposes it's the same thing. DI : Apple :: SCO : Microsoft. Abbreviation in these cases means "shell company," and the number of letters in the abbreviation corresponds to the number of syllables in the parent company name.

    7. Re:well done apple by postbigbang · · Score: 4, Insightful

      Yes.

      Tim Cook has learned much from Steve Ballmer, on how to make money from cell phone makers and OEMs. iOS isn't going to run on any of them, so they make no direct enemies. Microsoft 'taxed' a few of their OEMs, but OEMs are used to being picked off by patent trolls.

      Bad move, Apple. You lose friends a handful at a time. Then there are no more handfuls.

      --
      ---- Teach Peace. It's Cheaper Than War.
    8. Re:well done apple by Anonymous Coward · · Score: 0

      Now its "wholly Apple owned shell corporation Digitude Innovation sues xyz'

      It now sounds even slimier.

    9. Re:well done apple by VortexCortex · · Score: 3, Insightful

      this is a smart way to avoid negative publicity. 'apple sues xyz' makes apple sound like an evil company. 'digitude innovation sues xyz' is a way protecting the brand

      Yes it's also smart from a defensive standpoint. If Apple were to sue, then it's simple to counter sue, eventually they'll cross license the patents in question. However, if Apple is only seeking to be anti-competitive instead of competitive, they'll use the shell company. This way, since Digitude makes NOTHING the folks they sue can't exactly use their own patent portfolio against Digitude.

      The interesting thing is, now that the cat's out of the bag, expect suits to be filed against Apple in hopes they'll call off their trolls. However, unless the same shell corp tactic is used they'll end up looking like the bad guys in the press.

      Moral of the story? Set up your corporation today. File the taxes, pay the dues, you don't have to do anything else with it. Later, you can sell them to the big guys who are looking to do some shady shit, OR to the new guys who want to seem like they've been in good standing for much longer than they have. Invest Now! These fake paper people are actually appreciating in value!

    10. Re:well done apple by mikael · · Score: 1

      They will keep filing new patents on every little idea that comes out of brainstorming sessions. It will cost competitors more to get the patent struck down in a court of law than it would do to sign a royalty contract.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    11. Re:well done apple by Trekologer · · Score: 3, Interesting

      It might be a bit more sinister than that. Typically, when Large Company A sues Large Company B over a patent claim, Large Company B pulls something out of their patent portfolio that Large Company A might infringe upon. Ultimately after many strongly worded press releases, the result is a cross-licencing agreement and both parties go on their merry way. A patent toll shell company has no products and therefore none of those pesky counter claims that stand in the way of a pay day.

    12. Re:well done apple by shoehornjob · · Score: 0

      this is a smart way to avoid negative publicity. 'apple sues xyz' makes apple sound like an evil company. 'digitude innovation sues xyz' is a way protecting the brand

      Except that those in the know aint fooled and those that don't know don't care so they are only fooling themselves. Silly evil empire you should have hired Righthaven.

      --
      "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
    13. Re:well done apple by bloodhawk · · Score: 4, Insightful

      Apple has always been worse than MS, they just have never had the clout before to utilise their evil.

    14. Re:well done apple by Anonymous Coward · · Score: 0

      Nah Jobs said in his biography that he would spend his last cent to destroy Android. I don't know how much Apple has backed off of that position...

    15. Re:well done apple by Anonymous Coward · · Score: 0

      Not really. During the Apple II days, when Wozniak still made maor contributions to policy, they were not that way.

    16. Re:well done apple by camperdave · · Score: 1

      They will keep filing new patents on every little idea that comes out of brainstorming sessions.

      So I guess you don't need a prototype these days?

      --
      When our name is on the back of your car, we're behind you all the way!
    17. Re:well done apple by thogard · · Score: 1

      A patent troll company risks its portfolio if it sues, gets hit with a counter suit and then loses. In countries with a strict "loser pays" court system, a large company can get force a much smaller company to prove it has the resources to pay for its legal expenses and that technique is a well known way to deny justice between fell funded and tiny companies.

    18. Re:well done apple by Anonymous Coward · · Score: 0

      If a patent troll loses in court all patents should be transfered to public domain!
      End of story!

    19. Re:well done apple by antek9 · · Score: 1

      Bad move, Apple. You lose friends a handful at a time. Then there are no more handfuls.

      Yes, but, see, Apple are more like Twitter than like Facebook, they don't need friends, they want followers.

      --
      A World in a Grain of Sand / Heaven in a Wild Flower,
      Infinity in the Palm of your Hand / And Eternity in an Hour.
    20. Re:well done apple by mldi · · Score: 1

      Not really. During the Apple II days, when Wozniak still made maor contributions to policy, they were not that way.

      That's because Woz is all about cool tech. Woz kicks ass.

      --
      If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
    21. Re:well done apple by VortexCortex · · Score: 1

      Nope. Because the little shell corp is FUNDED by the big dog, so they'll magically have JUST ENOUGH to fund it. If the issue isn't pressed, it's all the better because they can claim bankrupcy, and guess who will want to buy the patents back?

      Additionally -- Do you really think it's good that my little game company can't sue a larger company for copyright infringement because we don't have the capital to back whatever HUGE lawyer fees they'll invent?

      If so, I sincerely hope that a terrible tragedy befalls you.

    22. Re:well done apple by gl4ss · · Score: 1

      if woz had any say there, you'd have root on your iphone.

      but as it is, they're now trolling with patents.

      but if these combine-patents are the best they have, then they have nothing. these are friggin flip phone "you got mail" notification patents.. which incidentally shouldn't have been granted as a group of school kids could come up with them in a weekend if they had the task to think of "features" to a flip-phone that can receive messages. of course you want an indicator..

      --
      world was created 5 seconds before this post as it is.
    23. Re:well done apple by hitmark · · Score: 1

      Yea, Apple barked up the wrong tree in the 80s by targeting IBM when the fight was shifting to software.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    24. Re:well done apple by wzzzzrd · · Score: 1

      Indeed you don't.

      --
      On second thought, let's not go to Camelot. It is a silly place.
    25. Re:well done apple by thogard · · Score: 1

      The shelf company must have full control of the patent which implies full liability which means risking ownership of the patent.

      I don't agree with small companies being kicked out of the justice system because they can't cope with paying the suits in the legal reps from larger companies. The problem is how to you keep small trolls from using that to their advantage?

      Oh I hate /. .... without links to the upstream quotes. Can they undo the stupidity from a few years back? If you had quoted something i might be able to answer your question more directly but I'm just guessing on what you may be asking.

    26. Re:well done apple by Anonymous Coward · · Score: 0

      Yep. This is a proxy war of Apple vs Google. Each one of them has done some damn dirty tricks at this point. And the public sees both companies as squeaky clean.

    27. Re:well done apple by Garybaldy · · Score: 1

      Being ruthless was cute when they were the underdog. Not so much as the big dog on the block.

    28. Re:well done apple by HiThere · · Score: 1

      "Worse than" is a bit difficult to quantify if you don't specify how you're measuring. It has, however, never been friendly to freely transferring information from one of their systems to that of a competitor. Not from the days of the Apple ][+. The only (small) exception is when the marketplace is so dominated by their competitor that if they don't allow information to transfer, they'll need to shut up shop.

      That said, they've ususally had some really nice payoff for not being able to transfer the information, like storing more data / floppy disk than the competition.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    29. Re:well done apple by Kaenneth · · Score: 1

      Yeah, but if they lose, what's the patent worth?... Zero.

  3. This sounds familiar. by Anonymous Coward · · Score: 3, Insightful

    Do we have to argue Automatic Radio v. Hazeltine Research and Zenith v. Hazeltine Research all over again?

    1. Re:This sounds familiar. by Anonymous Coward · · Score: 2, Interesting

      It's not about winning arguments; it's about gaining and exercising power. The yap flapping is just there to give it apparent legitimacy.

  4. Think Different by Anonymous Coward · · Score: 5, Funny

    Truly this is American Innovation at work.

    1. Re:Think Different by gmuslera · · Score: 1

      Definately stimulate innovation. How much new ways we saw lately to abuse the (broken) patent system to screw true inventors ?

    2. Re:Think Different by TheTurtlesMoves · · Score: 1

      Fact is that the patent system was never really about true inventors. Just look at the history.

      Its a system by lawyers for lawyers. In that regard its working out pretty well.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  5. collusion ? by Anonymous Coward · · Score: 1

    this is not collusion? How many of those patents area valid.. what if all the phone manufacturers stand united, and bring the patents the own (motorola patents, nokia, ericcson, etc) and start a legal war.. ?

    Altough, i must said, the article is vague and not clear about the action.

    1. Re:collusion ? by king+neckbeard · · Score: 2

      The thing about NPEs is that you can't countersue them. If Apple were suing them, that could work, but it's not Apple suing.

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:collusion ? by TrancePhreak · · Score: 2

      The patents necessary are available under FRAND, but Apple chose not to license them..

      --

      -]Phreak Out[-
    3. Re:collusion ? by Arkham · · Score: 2

      Null Pointer Exceptions?

      --
      - Vincit qui patitur.
    4. Re:collusion ? by Anonymous Coward · · Score: 1

      Yeah you get a CourtPointerException when you try to sue those...

    5. Re:collusion ? by TheGratefulNet · · Score: 1

      don't stack-dump me, bro!

      --

      --
      "It is now safe to switch off your computer."
    6. Re:collusion ? by gl4ss · · Score: 1

      and then the entity holding these couple of joke patents comes down.

      fucking "you got mail" patents.. that's what they are...

      --
      world was created 5 seconds before this post as it is.
    7. Re:collusion ? by KDR_11k · · Score: 1

      But does it matter? You can just sue the practicing parent company. Then it's not called a counter suit but how much does that matter?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  6. Congratulations Apple. by Anonymous Coward · · Score: 2, Insightful

    With business practices like these I can only wonder how long it will take for the us government to bring on charges of monopolistic practices and force a breakup of Apple's business portfolio. One can only hope.

    1. Re:Congratulations Apple. by SuperTechnoNerd · · Score: 1

      "government to bring on charges of monopolistic practices" perhaps at one time they would, but don't hold your breath now.. Our government is in the pockets of the big corps. The politicians won't bite the hand that feeds them.

    2. Re:Congratulations Apple. by Anonymous Coward · · Score: 1

      What monopolistic practices? Aren't we constantly reminded about how Android has the majority of the smartphone market share?

    3. Re:Congratulations Apple. by teg · · Score: 4, Informative

      With business practices like these I can only wonder how long it will take for the us government to bring on charges of monopolistic practices and force a breakup of Apple's business portfolio. One can only hope.

      IPhone is pretty far away from being a monopoly... of the more than 1 billion cell phones sold in 2010, Apple sold less than 50 million.

    4. Re:Congratulations Apple. by mug+funky · · Score: 1

      android is the OS, you twat. there's plenty of different phones that run android, usually in different flavours.

      you can also download the source and roll your own. run it on an old iPhone if you're feeling clever.

    5. Re:Congratulations Apple. by arkane1234 · · Score: 1

      yes, yes, thats the semantics of an android operating system.

      --
      -- This space for lease, low setup fee, inquire within!
    6. Re:Congratulations Apple. by Anonymous Coward · · Score: 0

      if 5% of the market isn't monopoly, then what is!?

    7. Re:Congratulations Apple. by Jonner · · Score: 1

      As underhanded as this is, I doubt it fits any legal or logical definition of monopolistic practices. Business-wise, it's just cunning strategy and probably not illegal. Besides, given the amount of good the government's suit against Microsoft did, should we really hope for that?

  7. Fuck Apple by Anonymous Coward · · Score: 0

    Did they think we wouldn't find out?

  8. They've finally become Microsoft by Anonymous Coward · · Score: 0, Flamebait

    Using shills an shell companies to perform their dirty work. Yup, MS MK2.

    Shitface company procession: IBM -> Microsoft -> Apple -> [you are here] (Oracle | Google) -> (Facebook | Twitter)?

  9. At some point... by mwvdlee · · Score: 4, Insightful

    At some point this stops being about mere offensive lawsuits and goes into being plain evil.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    1. Re:At some point... by Renraku · · Score: 0

      It isn't evil. Corporations exist to make money. Therefore, they'll make money however they can. This is entirely allowed by our patent system and isn't evil at all. Neither is faking a pass and then running the ball right down the middle.

      Dickish? Sure. Deceptive? Absolutely. People won't think Apple were the ones suing all the Android manufacturers. But wouldn't YOU like to get paid for all the sales your competitors get? I would. But therein lies the reason I'm not a business man: I don't have the balls to pull stunts like this and profit at any cost.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:At some point... by kiddygrinder · · Score: 3, Insightful

      evil
      Adjective:
      Profoundly immoral and malevolent.

      --
      This is a joke. I am joking. Joke joke joke.
    3. Re:At some point... by kikito · · Score: 5, Insightful

      If it's dickish or deceptive it is evil. The fact that it's allowed by the system doesn't magically make it non-evil.

    4. Re:At some point... by Anonymous Coward · · Score: 0

      It isn't evil. Corporations exist to make money. Therefore, they'll make money however they can.

      It isn't evil because corporations want to make money? Huh?

      What is you definition of evil?

    5. Re:At some point... by joocemann · · Score: 1

      If it's dickish or deceptive it is evil. The fact that it's allowed by the system doesn't magically make it non-evil.

      Word-for-word almost exactly what I thought.

      Renraku seems to defer the moral basis to the mere presence within a system. No. Relativism does not apply.

    6. Re:At some point... by Anonymous Coward · · Score: 0

      In that case, there really is no such thing as evil. A dictator only kills people to maintain power and order. It isn't against the law, and completely allowed by the government. Child labor and slave labor is not evil either. Just trying to make the most money.

    7. Re:At some point... by hey! · · Score: 5, Insightful

      This is entirely allowed by our patent system and isn't evil at all.

      This is a total non-sequitur. It's not like the Congress is Almighty God and gets to say what is right and wrong. It's legal to buy congressmen, as long as you have the resources to mount a complex campaign of money laundering. That doesn't mean it's not evil.

      Neither is faking a pass and then running the ball right down the middle.

      OK, if you need the difference spelled out for you, I'll do it. (1) In football, the two teams meet voluntarily. In lawsuits, the defendant is not a willing party to the affair. (2) In football, the by standanders benefit from the fake play *even when it is attempted against their own team*. A deceptive play is a test of defensive skill and a thrill when it is thwarted. In a lawsuit, the customers of the defendant have to pay higher prices.

      But wouldn't YOU like to get paid for all the sales your competitors get?

      Another non-sequitur. I'd like to have all the money in the bank vault. That doesn't excuse me dynamiting my way in.

      Let me explain why what Apple is doing isn't necessarily as LEGALLY kosher as you think it is. It comes down to two words: anti-trust law. It's legal to be granted patents that give you an effective monopoly on a type of product. It's not legal to conspire with another company to restrain trade. The intersection of patent laws and anti-trust laws is a gray area, but the conspiracy angle adds a new wrinkle that's more than just PR.

      So: is there any substantive difference between Apple using its patents to establish a monopoly itself, and having a third party do it for them? YES!

      If Apple tried this itself, Motorola, Google, and others would retaliate with their own defensive patent lawsuits, forcing a settlement. By assigning their patents to DI under and agreement that exempts themselves, Apple has secured a de facto right it doesn't have under patent law: to be immune from countersuits. DI's legal attack can't be turned aside by counter-suit because DI doesn't make anything.

      Let's get back to morality again and apply the categorical imperative here. What if *everyone* did this? What if everyone assigned their legal rights to third parties who do nothing but threaten lawsuits and have nothing to lose by being as aggressive and over-reaching as possible?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    8. Re:At some point... by Locutus · · Score: 4, Insightful

      believe it or not there are lots of people who believe that if the system "allows" it then it is legal and proper business leveraging it. I've run across a number of people who think this way. They were all hard-core Republicans and believe the government should stay out of the way of business.

      It would be interesting to poll Harvard Business grads and ask them about deception and "dickish" deeds which are legal and ask if a business should leverage those deceptions for their own gains.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    9. Re:At some point... by Anonymous Coward · · Score: 0

      At some point this stops being about mere offensive lawsuits and goes into being plain evil.

      I think the term you are looking for is 'racketeering'. You know, they have RICO for a reason.

    10. Re:At some point... by Anonymous Coward · · Score: 0

      Well, here's the thing- being the nice guy rarely pays off in business, at least not for large companies who tend to be faceless anyway. Government should stay out of the way of business and what we're dealing with is bad patent law- the fault of government. We need savvy government that sets clear rules, does not bend them in exchange for money, and does not try to pick winners and losers- especially with taxpayer dollars!

    11. Re:At some point... by a_nonamiss · · Score: 3, Interesting

      I once had a corporate accountant tell me "In the business world, there is no 'right' and 'wrong,' there is only 'legal' and 'illegal.'"

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    12. Re:At some point... by kikito · · Score: 1

      "being the nice guy rarely pays off in business"

      Maybe business itself is (mostly) evil.

      "Government should stay out of the way of business" "We need savvy government that sets clear rules"

      Decide yourself.

    13. Re:At some point... by JAlexoi · · Score: 1

      But wouldn't YOU like to get paid for all the sales your competitors get? I would.

      Microsoft is a business through and though. Apple does not care for additional revenue from their IP assets. Their lack of interest in licensing some interesting, but not essential patents is just ridiculous. The bounce-back patent is the best one to note, it sure isn't the feature that makes iOS so irresistible to many people.

      But therein lies the reason I'm not a business man: I don't have the balls to pull stunts like this and profit at any cost.

      Profit at any cost ends up being a loss.

    14. Re:At some point... by rollingcalf · · Score: 2

      "It isn't evil. Corporations exist to make money. Therefore, they'll make money however they can. This is entirely allowed by our patent system and isn't evil at all. Neither is faking a pass and then running the ball right down the middle."

      Being legal doesn't mean it's not evil. If the government made it legal for corporations to hire hit-men to kill their competitors' employees, it's still evil if anybody that does it.

      The patent system as currently structured allows for a legalized form of extortion. Which is evil.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    15. Re:At some point... by sydneyfong · · Score: 1

      If it pays to be "evil", then by the mere existence of competition in the business world, the survival of the "fittest" (or evilest) principle would ensure that only the most evil survive.

      It won't matter if most businessmen are taught to believe "ethics" or whatever noble ideals. As long as there are a small bunch of bad apples and as long as being "evil" pays well, they'd take over the system.

      Therefore, we should disallow "evil" within the system as far as possible. Not to say that we shouldn't push for a better culture of "goodness", but its effectiveness is unfortunately quite low.

      --
      Don't quote me on this.
    16. Re:At some point... by arkane1234 · · Score: 1

      and your accountant would be right. Very right.

      --
      -- This space for lease, low setup fee, inquire within!
    17. Re:At some point... by arkane1234 · · Score: 1

      To quote wikipedia:
      "A fundamental question is whether there is a universal, transcendent definition of evil, or whether evil is determined by one's social or cultural background."

      --
      -- This space for lease, low setup fee, inquire within!
    18. Re:At some point... by Anonymous Coward · · Score: 0

      between Apple using its patents to establish a monopoly itself

      You're insane. Apple has spelled out how simple it is for competitors to avoid infringing their patents... and it is painfully, dreadfully simple for these competitors to stop blatently copying Apple products and do just a little innovation on their own. Apple has 5% of the market and you really believe their evil plan is to leverage their patents to establish monopoly?!! That'd be a hellova trick. You're a paranoid, buddy. Apple just wants their intellectual property to remain theirs. By and large, the point they are making is obvious. If Apple wins they are not shuttering small innovative tech competitors, as Microsoft and others have done in the past to competitors. The companies Apple is suing will survive an Apple victory, and so will their customers. If Apple wins across the board, large tech componies will be forced to innovate to compete... and THEN we will have real choice in a better world. Good luck, Apple... at least one company cares about pushing progress forward, and refuses to let it stagnate by standing by while everyone around rips them off.

    19. Re:At some point... by Geminii · · Score: 1

      True, for the midrange. At the top end, right and wrong are supposed to be used as guidelines to approve or not approve laws. And at the bottom end, lawsuits are often a matter of convincing one or more people of your righteousness - we don't have LawBot 3000 making the decisions.

    20. Re:At some point... by KDR_11k · · Score: 1

      Yeah that's the goal of the law. Unfortunately when you tell a lawyer "don't be an asshole" he'll immediately start arguing what constitutes being an asshole and as a result you need to codify an insane amount of stuff, leading to an impenetrable jungle of rules and most likely bugs. And those bugs get abused by the assholes you want to stop.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    21. Re:At some point... by JAlexoi · · Score: 1

      it is painfully, dreadfully simple for these competitors to stop blatently copying Apple products and do just a little innovation on their own

      Yes... Like a tablet that is not rectangular. That is their genius answer.
      As for smaller companies - I give you Jaytech and N-TK. (Look it up, Mr Fanboi)

    22. Re:At some point... by kikito · · Score: 1

      Your accountant was probably half-joking.

      'Right' and 'wrong', although relative, always exist. Morality always exist. But it's like a muscle.

      Once you start down the path of "not thinking about right or wrong", the 'illegal' and 'legal' distinction gradually mutates into in 'being caught' vs 'not being caught'. Stealing or killing other people don't look so "wrong" any more. "wrong" is something you just don't think about - you have trained yourself not to "think" about that concept - at least when it applies to what you do.

      And one day, you either die like a stupid poor bastard or like a rich bastard. But you are still a fucking evil bastard.

  10. iPhone is on the way out by l0ungeb0y · · Score: 4, Interesting

    ... or at least that's how I read it.

    When they spend this kind of money and go through this sort of effort to essentially go Nuclear then it is quite clear that iOS/iPhone/iPad is on the way out -- or at least is so severely threatened and Apple has no clue as to what to do for a competitive recourse.

    Seem to me that this money could have ben much better spent on R&D in increasing their product line and innovating -- but maybe the innovation at Apple died with the Steveness.

    1. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      You are absolutely right on the money ( no pun intended ).

      DI == new SCO puppet && Apple == new Microsoft ( Puppeteer ).

      This will not end well for either of them ( Just ask dear darrell ;) ).

    2. Re:iPhone is on the way out by Anonymous Coward · · Score: 3, Informative

      Are you on crack? Apple is growing revenues at 60% year over year. If that's "on the way out", I'll take some of that kind of failure. Have you been by an Apple Store lately? They're packed, so packed that it's hard to find a sales rep to take your money. The iPhone 4S is the fastest selling electronic device ever. They're selling 100K of them every day. That's $650,000,000 in revenue per day. At this rate, Apple will have more than 5x Google's annual revenues and almost 3x Microsoft's revenues. In fact, within 6 months Apple will have more revenue (they already have far more profit) than Samsung, GE, and VW (that includes Porsche & Audi).

    3. Re:iPhone is on the way out by bussdriver · · Score: 2, Funny

      NO, the hugely successful iOS products will shortly convert the whole industry into copy cat knock offs; some of which will surpass it in various ways (depending on what certain customers want, not what 1 product Apple offers.)

      Apple can own the various physical techniques which the others have worked around alternatives already (or pay apple or sony... unless there is a 3rd form of touch screen tech out there own by another already.)

      I'm 150% behind Apple on this-- PLEASE use software patents to foobar the industry!!

      Somebody PLEASE patent online campaign fund raising using software! We need a lot of horrible examples to get this beast slain.

    4. Re:iPhone is on the way out by Anonymous Coward · · Score: 1

      The bottom line is then:

      "WHY ARE THEY DOING THIS SHIT THEN?"

      If not out of fear?, do enlighten since you seem to quote big numbers from somewhere ( perhaps your arse? ). It would make no sense for an up n up company to go all out war ( financial and business suicide anyone? ).

      Good one piss off the masses. or perhaps the truth is your a Apple / Jobs fanboy.

    5. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      Want to short my Apple stock?

    6. Re:iPhone is on the way out by Noughmad · · Score: 3, Insightful

      The bottom line is then:

      "WHY ARE THEY DOING THIS SHIT THEN?"

      1. Because they can
      2. Because they will earn more money this way

      --
      PlusFive Slashdot reader for Android. Can post comments.
    7. Re:iPhone is on the way out by froggymana · · Score: 2

      Are you on crack? Apple is growing revenues at 60% year over year. If that's "on the way out", I'll take some of that kind of failure. Have you been by an Apple Store lately? They're packed, so packed that it's hard to find a sales rep to take your money. The iPhone 4S is the fastest selling electronic device ever. They're selling 100K of them every day. That's $650,000,000 in revenue per day. At this rate, Apple will have more than 5x Google's annual revenues and almost 3x Microsoft's revenues. In fact, within 6 months Apple will have more revenue (they already have far more profit) than Samsung, GE, and VW (that includes Porsche & Audi).

      I'm sure they'll manage to keep growing at that rate too...

      --
      "To prevent this day from getting any worse, I'll just read ERROR as GOOD THING" 1GJU8xLuDKDxEs4KLf8fAGyptoDsqvEsBT
    8. Re:iPhone is on the way out by Em+Adespoton · · Score: 1

      The bottom line is then:

      "WHY ARE THEY DOING THIS SHIT THEN?"

      If not out of fear?, do enlighten since you seem to quote big numbers from somewhere ( perhaps your arse? ). It would make no sense for an up n up company to go all out war ( financial and business suicide anyone? ).

      Good one piss off the masses. or perhaps the truth is your a Apple / Jobs fanboy.

      I think the answer is more "to appease shareholder greed" than "because they are failing".

      Look at it this way: Apple now has a pretty steady profit, and has a lot of money in reserve. How can they increase revenues to increase shareholder profitability, based on what they already have?

      Answer: If they just start suing everyone, they'll be counter-sued, and it'll come out as a wash. However, if SOMEONE ELSE starts suing everyone but them, this means that they can afford a) smaller margins than everyone else and so make more relative profit on their current offerings, and b) to "innovate" in ways that everyone else can't, as others are currently tied up in lawsuits regarding the IP so can't legally move forward in those areas.

      Of course, this also completely demolishes the old "defensive patent portfolio" argument, as it shows that everyone can protect themselves from return fire by using shell companies to sue in the first place. The only way around this is for the others to say "call them off Apple, or we'll sue YOU in the same way." But Apple has a large enough war chest that they could probably just laugh that off from most other companies.

    9. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      Quite clear, eh? And what data do you base that on? Sales? Nope. Customer loyalty? Nope. Profits? Nope. % Returns? Nope. Hardware failures? Nope. Available software? Nope. The iPhone wins on all fronts compared to the shitty phones running Android. OK except screen size. BFD.

      Apple has a huge profit margin and cash flow and can engage in protecting patents as well as R&D. Cheap-ass phones from crappy Korean and Taiwanese companies may sell to cheap-ass customers who don't care about quality, but they don't make much profit.

    10. Re:iPhone is on the way out by Deorus · · Score: 1

      Steve Jobs said explicitly that he'd go nuclear on Android, and that money was not his motivation because he already had plenty, it was just one man's ambition to control the market.

      The masses don't give a crap, we just want our iPhones. People would potentially care if the Apple was thwarting innovation, but in this case they are the innovators, I'm pretty happy with my iPhone 4S, so I have no motivation to care.

    11. Re:iPhone is on the way out by phantomfive · · Score: 1

      No, they are trying to be pre-emptive.

      The way Apple sees it, they always make better products, but Microsoft beat them by using cheap, dirty business tactics.

      So now they think they've learned from Microsoft, and are going to use the dirty tactics to win before anyone else does. In their minds, they both have the best product, and are doing what it takes to 'win'. Note that they aren't doing what it would actually take to win, which is give the customer what they want.

      --
      "First they came for the slanderers and i said nothing."
    12. Re:iPhone is on the way out by DAldredge · · Score: 3, Informative

      650,000,000 / 100,000 = 6,500 per unit. That seams to be a little off.

    13. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      Are you suggesting that revenue generated by law suits through shell companies counts as earning an income? Or have I misunderstood?

    14. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      Cheap-ass phones from crappy Korean and Taiwanese companies may sell to cheap-ass customers who don't care about quality, but they don't make much profit.

      and where the fuck do you think crapple gets their shit made? .
      oh.. lemme think.. erm.. foxconn who are based in....
      Hon Hai Precision Industry Co., Ltd.
      2 Zihyou Street, Tucheng City
      Taipei County, 236
      Taiwan
      moron you dog wanking fuckstick of the lowest order.
      btw while i do have an android phone i am by no means a fanboy, i am open to alternatives(not fucking apple) when my renewal time comes in feb.. mind you that galaxy s2 and nexus s look groovy tbh. Also i don't like the walled garden shite apple pull.. fuck that shit to bits. i just don't like apples fuck ass bullshit and litigious nature.
      this latest bullshit only shows what even more so what a bunch of goat blowing ass bags they are and your reply shows what a fucking cock-knocker YOU are.

    15. Re:iPhone is on the way out by JAlexoi · · Score: 5, Informative

      A) You numbers are wrong.
      B) You must be an economist, since you think that there is no limit to growth.
      C) If we apply the same projections to Android's explosive growth - then in 1 year everyone on this planet will have at least one Android device.

    16. Re:iPhone is on the way out by JAlexoi · · Score: 2

      Until other players pull a permanent injunction form their hat of tricks, just like Moto did.

    17. Re:iPhone is on the way out by poena.dare · · Score: 1

      I disagree completely. Apple has ALWAYS been generous with foreplay and stingy on post-techotial cuddling.

    18. Re:iPhone is on the way out by hyperfine+transition · · Score: 1

      umm maybe you had better lay off the crack. 100 000 x $650 = $65 000 000.

    19. Re:iPhone is on the way out by Noughmad · · Score: 2

      No, I am suggesting that by disabling competition they can sell more of their own products at higher prices.

      --
      PlusFive Slashdot reader for Android. Can post comments.
    20. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      iPhone 4S costs $6500? Damn, that's an expensive toy.

    21. Re:iPhone is on the way out by Anonymous Coward · · Score: 0

      There was some guy here in slashdot with a signature that read
      "Those who can, do. Those who can't, sue"

      I guess after Jobs' death, Apple knows that the writing is on the wall for the company, as they might not have any future products which are attractive to thei users, specially without the advantage of the Jobs' Distortion field.

      So now they decide to go the way of the MAFIAA

  11. When patents attack... by webanish · · Score: 5, Informative

    FWIW, "This American Life #441: When Patents Attack" lays out the problem with patents very clearly. Apple is just ONE company.

    1. Re:When patents attack... by Lifyre · · Score: 1

      I loved that story when I listened to it thanks for the link.

      --
      I'll meet you at the intersection of "Should be" and "Reality"
  12. Re:Maybe Steve was trying to kill patents? by prehistoricman5 · · Score: 5, Insightful

    Are you so blind as to think that this is some brilliant plan by Apple to end the patent wars? If that's the case, then why didn't Apple sue everyone directly as they have done in the past? Why does Apple continue to litigate against anyone who even comes close to their designs? Why hasn't Apple simply used it's massive pile of cash to buy a few senators and congressmen and make them pass a law crippling the patent trolls? This is nothing more than a monopolistic power grab by Apple.

    --
    Fuck Beta
  13. Patents should be like trademarks by Nemyst · · Score: 1

    Upon being granted a patent, you must immediately sue any infringer that you are aware of or risk losing said patent.

    Additionally, you should be unable to give preferential licensing to any company.

    1. Re:Patents should be like trademarks by rossz · · Score: 1

      Your suggestion isn't reasonable and would punish the patent holder.

      I invent a widget and get a patent. It's a very cool widget and has the potential to make some serious bank, but making it in quantity will require some specialized manufacturing capabilities. While I'm shopping around for backers, company Slime Inc starts making and selling my widget without my permission. Unfortunately, I don't have the finances needed to take them in court. However, Big Corp, Inc offers to license the widget and deal with the lawsuits if they get a five year exclusive. The licensing fee they will pay me are quite reasonable so we both win. Except under your rule, I can't do it since I can't give preferential licensing to any company. Big Corp won't do it without the exclusive because of the cost of the lawsuit they must initiate. Instead, they'll just sit it out for a year and watch my patent get revoked for failing to defend the license. Then they'll start making the widget without having to pay me a dime. In the end, Slime, Inc and Big Corp, Inc both get to make my widget and I get nothing. Good plan you have there.

      --
      -- Will program for bandwidth
    2. Re:Patents should be like trademarks by foniksonik · · Score: 1

      Why didn't you make Slime inc. sign a serious NDA agreement before disclosing your trade secrets? Why not force them to place collateral into an escrow account as a way to collect if they choose to break the contract? If you are concerned that it will become he said/ she said then place your invention into an escrow system as well.

      Patents are not the only way to protect ideas and inventions.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  14. Congratulations Apple! by mark_reh · · Score: 2

    The decision to pay lawyers instead of engineers is never an easy one, but Apple, you made the calculations and made your decision and with it you've taken the crown from the former Symbol-of-all-that-is-wrong-in-America, Microsoft. Congratulations! I look forward to the future that you will allow to happen...

  15. Re:Maybe Steve was trying to kill patents? by LordKronos · · Score: 5, Insightful

    OMG. Yep, our god Steve could never do anything wrong. He must have been trying to do something altruistic. Yep, never mind the fact that Apple outright sued several other companies over phone patents already. This time they must have been doing something good. I'm not sure why he would try to do this good deed secretly so as not to draw positive attention to the company, while at the same time doing the not-so-good deeds very publicly and drawing negative attention, but I'm sure he has his reasons. All hail Steve.

  16. Re:Maybe Steve was trying to kill patents? by TrancePhreak · · Score: 1

    I don't think so. When the iPhone was announced they also said they patented all their innovations and were ready to sue. That doesn't sound like someone trying to fix a broken system.

    --

    -]Phreak Out[-
  17. Isn't rent seeking..... by Anonymous Coward · · Score: 0

    supposedly the hallmark of a society in it's final stages of decline?

    1. Re:Isn't rent seeking..... by heinousjay · · Score: 1

      I'm pretty sure that "clever" slogans brought about by a minority opposition to a system only masquerade as wisdom...

      --
      Slashdot - where whining about luck is the new way to make the world you want.
  18. i said it after .... by arbiter1 · · Score: 0

    After Job's died I said Apple is gonna start to slip cause without job's apple wouldn't be here and without him its only a matter of time.

    1. Re:i said it after .... by whoever57 · · Score: 4, Informative

      After Job's died I said Apple is gonna start to slip cause without job's apple wouldn't be here and without him its only a matter of time.

      Not sure what your point is. This strategy of using a patent troll to harass competitors was planned and started under Jobs. Jobs must have signed off on the idea.

      --
      The real "Libtards" are the Libertarians!
    2. Re:i said it after .... by king+neckbeard · · Score: 1

      This is a more intense version of what Jobs was already doing. If there's a difference, it's that now they are a faceless corporation.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:i said it after .... by canajin56 · · Score: 1

      It was his idea in the first place. He wanted a shell company to sue everybody, and he doesn't want it to settle for money. They will be going after permanent injunctions. He said that Blackberry, Android, Windows Phone, everything is stolen from Apple, and no money can make that right, only them shutting down so the only phone is the iPhone.

      --
      ASCII stupid question, get a stupid ANSI
    4. Re:i said it after .... by Anonymous Coward · · Score: 0

      Aww, that's not true. They still have pictures of Jobs' face to parade around.

  19. Apple by Anonymous Coward · · Score: 0, Interesting

    Apple what a shit company, worse than even the worst Microsoft.
    Bill Gates should have given the finger to Jobs instead of rescueing Apple. The biggest mistake ever in the history of computing.

    1. Re:Apple by znerk · · Score: 1

      Except that by rescuing Apple, Microsoft was able to later claim they were not a monopoly.
      It is also worth pointing out that at the time, Microsoft was making more money selling software to Apple users than Apple was making selling products to them in the first place.

      On the other hand, I agree with your statement about Apple's corporate composition.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    2. Re:Apple by Anonymous Coward · · Score: 0

      Apple was kept alive by Microsoft (eitther through $ or software developed for the Apple platform).
      So yeah in the end Microsoft made the biggest blunder of its history by helping involutarily create a monster.

    3. Re:Apple by Anonymous Coward · · Score: 0

      Listen dickhead, get Steve Jobs dead cock out of your mouth. What Microsoft's cash did was to give confidence to the market Apple would survive, as at that point it was lookign to the average investor they would not. News pretty much daily was coming out about how their market was vanishing because no one had the confidence they would be around next year.

      With confidence that a fuckign huge investor (and I mean in cash reserve, not actual paid money) was ready to drop cash in, confidence in Apple swung around.

      So yes, Microsoft saved Apple. Fuck You fanboi

    4. Re:Apple by Anonymous Coward · · Score: 0

      Fuck you ignorant idiot. READ THE FUCKING ARTICLE!
      Dumbhead. Suck it Microsoftfanboi.

      Microsoft DID NOT saved Apple. Period. The facts are against your small black&white world.
      Sorry to shatter your ignorant walls of denial.
      Do you REALLY think that Microshit would have saved a competitor????
      LOL; Microcrap Fans are so full of it.

    5. Re:Apple by Anonymous Coward · · Score: 0

      What a predictably terrible troll you are.

    6. Re:Apple by Kalriath · · Score: 1

      I'd love to read an article on the facts of that case, actually. Can you go find me one written by someone who doesn't have their head so far up Apple's collective arses that they haven't seen daylight in years?

      The worst possible thing you can do if you want to make a credible argument is link to Roughly Drafted or anything by Paul Thurott (depending on which side of the debate you stand).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  20. OMA by Fizzl · · Score: 3, Interesting

    Fucking apple. Why can't they just join Open Mobile Alliance like everyone else and share the patents. In return they would get access to the whole pool of patents from the other companies.

    1. Re:OMA by iluvcapra · · Score: 4, Interesting

      Because the OMA is a confederation of the losers? Because its a cartel devised to give network operators a veto on applications and platform innovation? Google isn't a member, either.

      --
      Don't blame me, I voted for Baltar.
    2. Re:OMA by Spodi · · Score: 1

      Why share the cake when you can have the whole thing to yourself?

    3. Re:OMA by heinousjay · · Score: 2

      I can understand, from the outside looking in, hating the patent wars. I can even sort of understand preferring that people don't like Apple, although it requires an emotional commitment I can't summon in myself. What I don't get is the attitude that Apple is somehow "fucked" or "out of ideas" when it's pretty obvious they're doing just fine.

      If you seriously hold that belief, you're allowing irrationality to prevent you from clearly understanding reality, and in the end, you only hurt yourself. If you just proclaim that belief as some sort of religious mantra... I don't know what to say. That's weird.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    4. Re:OMA by houghi · · Score: 3, Insightful

      You know the world is fucked up if "groups of companies sharing patents" is seen as a good alternative.
      "No patents" should be the alternative.

      --
      Don't fight for your country, if your country does not fight for you.
    5. Re:OMA by Ryxxui · · Score: 2

      Every important organization in this business is listed on your second link except for Apple and Google. And, Google is purchasing Motorola Mobility, who is listed as a "Full Member". Many of the organizations listed on your second link make phones using Google's operating system, which cannot be said of Apple. Basically: in what way is this an organization of losers except for the fact that Apple is not on it?

    6. Re:OMA by Anonymous Coward · · Score: 2, Informative

      Umm, because unlike Apple, Google (as a brand) doesn't *manufacture* any phones?

      Really though, that point is moot. Google owns Motorola Mobility. Motorola Mobility is a member of the alliance. Ergo, Google has "a seat at the table"

    7. Re:OMA by Anonymous Coward · · Score: 0

      Google is not a member because Andy Rubin is both an asshole and a hypocrite.

      --
      I'm an arrogant asshole, so I work for Google now.

    8. Re:OMA by pushing-robot · · Score: 2

      Fucking apple. Why can't they just join Open Mobile Alliance like everyone else and share the patents. In return they would get access to the whole pool of patents from the other companies.

      Ah, I see that Microsoft is a (sponsor!) member of the OMA. That must mean they can't sue other members like Samsung, HTC and Huawei.

      --
      How can I believe you when you tell me what I don't want to hear?
    9. Re:OMA by bell.colin · · Score: 1

      They do now. Why do you think they bought Motorola?

    10. Re:OMA by Anonymous Coward · · Score: 0

      Right, because what new innovative thing did Apple do this year? Siri? Something that basically just does text to speech, sticks it in Wolfram alpha, sees what the results are, and passes them back with a few special keywords/phrases highlighted for passing to local apps?

      We can tell they're out of ideas because they haven't shown anything new, the only new stuff in iOS5 is just cloned from Android - cloud support, notification bar etc.

    11. Re:OMA by Anonymous Coward · · Score: 0

      Basically: in what way is this an organization of losers except for the fact that Apple is not on it?

      If you a rabid Apple fanboi, then everyone else is labeled a loser!

    12. Re:OMA by Anonymous Coward · · Score: 0

      Because Motorola threatened to start requiring patent licensing on all the other android handset makers.

    13. Re:OMA by thegarbz · · Score: 3, Interesting

      Google also isn't a hardware manufacturer. They've released 2 handsets under their own name which were both built by other companies (HTC and Samsung), both which are apparently "losers" according to you being members of the Open Mobile Alliance, which given the size of their market share makes your comment seem a bit silly. The OMA is a confederation made up of mainly hardware manufacturers and carriers.

      On the other hand Google is a software company and there is an alliance for the software side of the mobile world where Google is one of the founding members. The Open Handset Alliance. You may have heard of their product, Android.

    14. Re:OMA by Pax681 · · Score: 2

      Because the OMA is a confederation of the losers? Because its a cartel devised to give network operators a veto on applications and platform innovation? Google isn't a member, either.

      YES google are since they bought Motorola Mobility Check the Membership list

    15. Re:OMA by iluvcapra · · Score: 1

      Several point out that Google isn't a hardware manufacturer. That's true, but neither is Microsoft, and being a hardware manufacturer doesn't mean that you're not a cartel trying to veto platform innovations. Hardware manufacturers always have an incentive to break the back of app developers. Apple does it with a 30% revenue split, Verizon used to do it with exclusive deals and expensive SDKs and qualification.

      If the OMA ran the world, you'd still be surfing Yahoo over WAP and paying per kilobyte.

      --
      Don't blame me, I voted for Baltar.
    16. Re:OMA by Anonymous Coward · · Score: 0

      I can understand, from the outside looking in, hating the patent wars. I can even sort of understand preferring that people don't like Apple, although it requires an emotional commitment I can't summon in myself. What I don't get is the attitude that Apple is somehow "fucked" or "out of ideas" when it's pretty obvious they're doing just fine.

      If you seriously hold that belief, you're allowing irrationality to prevent you from clearly understanding reality, and in the end, you only hurt yourself. If you just proclaim that belief as some sort of religious mantra... I don't know what to say. That's weird.

      I think that the perception is that litigation is what you do when you can't innovate (MS as the poster child of that approach). So for Apple to be so involved in so much litigation creates the perception that (since the other perception is that one doesn't engage in litigation voluntarily) Apple is out of innovation.

      Is that the case? We won't be able to say that until some time in the future. But in the meantime, Apple does appear very, very desperate to stop Android. The past history of one party taking on the rest of the parties in a market does not end well (in mob movies, politics or even in World Wars).

    17. Re:OMA by tokul · · Score: 1

      Oil companies tried centuries ago. It was called Standard Oil.

    18. Re:OMA by gl4ss · · Score: 1

      You know the world is fucked up if "groups of companies sharing patents" is seen as a good alternative.
      "No patents" should be the alternative.

      actually what has already happened is "groups of companies sharing patents".

      good luck getting to phone market in the west without being in a group of companies sharing patents.

      --
      world was created 5 seconds before this post as it is.
  21. Why Not Sue Apple Too? by Anonymous Coward · · Score: 0

    So Digitude Innovations owns patents and is suing all mobile manufacturers except Apple.
    If they own the patents, why not sue Apple as well?
    Hmmm, so if the patents were sold/transfered with a clause not to sue Apple that would seem like a valid reason to invalidate the patents.

    1. Re:Why Not Sue Apple Too? by Anonymous Coward · · Score: 1

      Most likely they were transferred along with a permanent license for Apple. Not a "do not sue clause", the transfer agreement would have made sure there was nothing to sue for - it would have given Apple licenses to all of the patents. Depending on how they set it up, it might also grant them some share of any winnings too.

    2. Re:Why Not Sue Apple Too? by Kalriath · · Score: 1

      Probably because you can't sue your parent company (except under some seriously fucked up circumstances).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  22. Apple the patent troll by compucomp2 · · Score: 0

    So the great Apple company resorts to patent trolling, through a shell company to obfuscate their intentions. Where is the Slashdot outrage over this? Or does the hivemind still think that Apple can do no evil?

    1. Re:Apple the patent troll by erroneus · · Score: 1

      There might be noticable outrage if this surprised us a great deal. The standard amount of outrage is felt, but it's not much different from what we normally feel. One thing is true though -- Apple has graduated into a fully-formed patent troll and its fans, if they don't deny it entirely, will have less to be fans about.

      But to be clear, I would like to hear about who the owners of this new company are and if any of them are actually Apple. I mean after all, to give/sell your patents to a troll with the agreement that "they never sue us" is not quite trolling -- it's more like giving a treat to a dog and then saying "sic'm!"

    2. Re:Apple the patent troll by znerk · · Score: 5, Insightful

      The outrage is right here - or are you missing the large number of comments calling out Apple for the crooked, non-innovating, patent-abusing company they have turned out to be?

      I am reminded of the parable with the snake and the turtle - the turtle doesn't want to carry the snake across the river because he is afraid the snake will bite him, but the snake convinces him to do so anyway, with the comment "Why would I bite you in the middle of the river? I would drown!"
      The turtle agrees to carry the snake across the river, and the snake bites him halfway across.
      "Why would you do that?!?" the turtle cries as he sinks.
      The snake replies, "I'm a snake, what did you expect?"

      The big problem with massive corporations is that they are designed to acquire profit. When we expect them to act in a fashion that is anything other than self-serving and greedy, we are expecting the snake not to bite.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    3. Re:Apple the patent troll by Anonymous Coward · · Score: 0

      Lest you forget; if it weren't for the iPhone, Android would still, as per the original designs, be a copy of a Blackberry.
      The only thing 'innovative' about Google is a business model based on selling their users to advertisers - perhaps there's a parable for that.

    4. Re:Apple the patent troll by JAlexoi · · Score: 1

      Nice speculations. And Macs would still be on 68K. And we would be using analogue computers... But, if ifs and buts....

    5. Re:Apple the patent troll by nathanh · · Score: 1

      The outrage is right here - or are you missing the large number of comments calling out Apple for the crooked, non-innovating, patent-abusing company they have turned out to be?

      Outrage against Apple on Slashdot? Colour me shocked. News at 11.

      Slashdot goes full-on retard whenever Apple is mentioned. That's why nobody cares what Slashdot thinks.

    6. Re:Apple the patent troll by Anonymous Coward · · Score: 0


      The outrage is right here - or are you missing the large number of comments calling out Apple for the crooked, non-innovating, patent-abusing company they have turned out to be?

      Outrage against Apple on Slashdot? Colour me shocked. News at 11.

      Slashdot goes full-on retard whenever Apple is mentioned. That's why nobody cares what Slashdot thinks.

      They are the new Microsoft you know.

    7. Re:Apple the patent troll by znerk · · Score: 1

      Sorry if I sounded like I'm bashing Apple specifically.

      My intent was simply to point out that Apple is a corporate giant, and we all know that corporate giants rarely have anyone's best interests in mind, even their own - it's all about their quarterly report.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  23. Re:Maybe Steve was trying to kill patents? by Anonymous Coward · · Score: 5, Insightful

    Of course that bull since they only targeted their direct competitors. Money is NOT the only outcome of patent suits, blocking products is another outcome and is something Apple is directly aiming for.

    The logical reason? Simple, GREED. ALOT of damage can be done before those patents are nullified, assuming they even will be. You make it sound as if lawsuits doesn't benefits the company suing when in fact it does immensely. Otherwise, patent trolls and massive lawsuits wouldn't be so common place.

    As for shutting everyone down, they don't have too. They only need to delay products and damage the companies enough for Apple to run away with more profit. Block basic features from competitors, block/delay products, and weaken the companies; even a partial success is still a success to a company.

  24. Be Evil by Anonymous Coward · · Score: 0

    But through a shell company so know one knows!

    1. Re:Be Evil by Anonymous Coward · · Score: 0

      Why do you bring up Google?

    2. Re:Be Evil by Anonymous Coward · · Score: 0

      Ever since Exxon-Valdez we knew Big Oil is Evil.

  25. Or by arcite · · Score: 2

    Apple just has so much cash that they are indifferent to paying hundreds of lawyers and suing everyone they can. Most of these companies have less cash on hand combined than Apple!

  26. Re:Maybe Steve was trying to kill patents? by Bieeanda · · Score: 4, Insightful
    No, I really doubt that Apple is trying to wreck the patent system. Take a look at the lawsuits they've filed of late, specifically the immediate effect they've tried to have: broad suppression of competing products in whole markets-- Samsung's Galaxy tablet in Australia, for example. So far the bans have eventually been overturned, but that's still a win for Apple: a market that wants a particular technology isn't going to complain very much about selection; someone who is dead set on (say) a Galaxy is going to import one or wait for the courts to come to their senses, and they wouldn't have been a potential customer anyway.

    These temporary monopolies give Apple a huge head-start on their competitors: the typical consumer isn't going to buy multiple tablets or smartphones, and if they are then they'll be more inclined to purchase ones that they know will be interoperable. When the time comes to replace equipment, they'll be more likely to go with a brand that they're familiar with. Even if this sparks patent reform (which it almost certainly won't), Apple solidifies its grasp on lucrative markets.

  27. Shame those guys!!! by no-body · · Score: 2

    It always goes in company name, here "DI" and whatever entities there are.
    The missing link is people, it's all individuals having those great ideas.
    Something like that: http://whoarethe1percent.com/ (kinda crude but useful).

    This whole patent/copyright happening is so sick - who are the one-dimensional folks dreaming it up and going for it?
    that;s one of them:

    http://www.yatedo.com/p/Ed+Gomez/normal/faa10cb30a48fd79dc8ed3f41ff78228

    With a picture, how cute!

    Co. seems to be a major patent troll - hope they burn in hell!

    http://www.burnsvillelocal.com/category/technology/

    1. Re:Shame those guys!!! by khipu · · Score: 1

      Something like that: http://whoarethe1percent.com/ [whoarethe1percent.com] (kinda crude but useful).

      As long as you remember that if you work in high tech, there's a good chance that you are in the 1%, or pretty close to begin with.

      And as long as you remember that Americans represent roughly the top 5% worldwide, so that when you complain about being taken advantage of by the American rich, the rest of the world has a good case about complaining about being taken advantage of by the Americans. (The Europeans are just below that.)

    2. Re:Shame those guys!!! by shutdown+-p+now · · Score: 1

      In 2009, you had to earn ~$350k in a year to be in 1%. That's household income. It's viable for a married couple both working relatively high-ranking tech jobs (say, team leads), but just barely.

      However, the definition of 1% is usually about total accumulated wealth, not current income - it comes from the old adage "1% of people own 50% of wealth". By that metric, you need to own ~9 million dollars to be in 1% most wealthy in U.S. today.

    3. Re:Shame those guys!!! by no-body · · Score: 1

      I understand the "1 %" more as a symbol for something happening - or not, for that matter.
      Complaining does not help - making it transparent and understand could maybe do something.

    4. Re:Shame those guys!!! by khipu · · Score: 1

      It's viable for a married couple both working relatively high-ranking tech jobs (say, team leads), but just barely.

      I think in Silicon Valley that's fairly common; and the cost of living matches it.

      However, the definition of 1% is usually about total accumulated wealth, not current income

      Except that much of the discussion revolves around income taxes. What sense does it make to talk about accumulated wealth (much of it is in homes, retirement funds, etc.) and then talk about income tax? Others have that kind of money by foregoing a steady job and finally getting valuable stock options.

    5. Re:Shame those guys!!! by khipu · · Score: 1

      Complaining does not help - making it transparent and understand could maybe do something.

      I think it obfuscates rather than make things transparent. Yes, we should raise taxes on people making, say, more than $200k/year simply because we need to. We should stop giving large government handouts to banks and creating moral hazard. But that does not mean that the people who are part of the Occupy movement should get their wishes either. If you made a bad mortgage choice, spent too much, or took on too large a student loan, the rest of us who made more prudent choices shouldn't be left paying for you.

      We need to increase taxes on the highest earners and decrease entitlements and government services. Unfortunately, right now, Republicans refuse to do the former and Democrats refuse to do the latter, and the people in the middle (like me) are getting fleeced by both sides.

  28. DeaFening silence from Gruber by Anonymous Coward · · Score: 0

    Why is it that whenever an Apple-centric story like this hits /., there is almost never any acknowledgment on what is arguably the most widely-read Apple-centric blog (Daring Fireball)?

    If Gruber can figure out a way to spin the issue to make Apple look less obnoxious, or at least to argue some sort of "yeah, but... $SOMEONE_ELSE_IS_DOING_IT_TOO" excuse, he'll do it. Which would be OK assuming such a counter-argument were there to be made. But in those cases where there's really no way to defend Apple's conduct, well, ... crickets. As if it never happened.

    Man, is that guy arrogant.

    -Fred

    1. Re:DeaFening silence from Gruber by Anonymous Coward · · Score: 0

      Sure, he's a douchebag but think it over for 5 minutes.

      1. There are four patents involved in this lawsuit, 2 of which were from Apple
      2. Apple has no problem suing Motorola, HTC, or Samsung for copying the iPhone/iPad. If these were strong patents, why aren't they included in these lawsuits?
      3. Nokia previously sued Apple leading to an Apple countersuit. These patents were not included then.
      4. Apple has been making phones since 2007. Most of their patents and research is on touch/multitouch/GUI/design. All the other companies in the lawsuit have been making phones (and doing research) since the 80s.
      5. Apple does license some phone-related patents to other companies under basically FRAND terms. It's the Apple design and Apple experience they want to protect
      6. Apple participates in other patent pools (like MPEG/LA)

      Quoting the original article:

      The alternative is that Apple has given some of its patents to Digitude because the patent troll came after it first. The dozen patents Apple has handed over may have been part of a settlement with the firm, along with the license agreement (which would presumably give Apple the rights to its patents, and additional Digitude patents). This seems more likely.

      But even if Digitude shot first, so to speak, it’s still hard to see Apple in a positive light here. This is Apple we’re talking about. The idea that the company didn’t have any options other than handing over valuable patents to a patent troll — knowing full well that it would then use those patents to sue other tech companies — seems ludicrous.

      The author thinks it's likely that Digitude trolled Apple, Apple settled by signing a license agreement and transferring some fairly weak patents. Apple is now evil because Digitude filed a lawsuit against everybody else.

    2. Re:DeaFening silence from Gruber by Kalriath · · Score: 1

      Or RoughlyDrafted. That guy would actually spin it as patent trolling being a good thing if Apple does it (and spawn of Satan if Microsoft does).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  29. moral by Anonymous Coward · · Score: 1

    This is starting to be a form of terrorism against progress and market development

  30. Anti-Apple Patent alliance by JavaBear · · Score: 1

    All other mobile device manufacturers ought to join up and use their combined patent pool to put Apple's shenanigans down for good.

    "Well, look here dear Apple, if you sue one of us, we'll drop this 10 ton Patent hammer in your groin, repeatedly"

    Obviously lawyers have no sense of humour and the language of that message would be somewhat less funny.

    1. Re:Anti-Apple Patent alliance by Theaetetus · · Score: 2

      All other mobile device manufacturers ought to join up and use their combined patent pool to put Apple's shenanigans down for good.

      "Well, look here dear Apple, if you sue one of us, we'll drop this 10 ton Patent hammer in your groin, repeatedly"

      Obviously lawyers have no sense of humour and the language of that message would be somewhat less funny.

      Particularly when the antitrust division of the DoJ comes knocking at their doors. You can't set up a patent pool for the purpose of crushing a competitor.

    2. Re:Anti-Apple Patent alliance by khipu · · Score: 1

      So, you're saying that it's legitimate for Apple to buy itself a collection of patents and monopolize the market, but if other companies try to get together and fight back, that's somehow an antitrust violation? I don't think so.

    3. Re:Anti-Apple Patent alliance by Theaetetus · · Score: 1

      So, you're saying that it's legitimate for Apple to buy itself a collection of patents and monopolize the market, but if other companies try to get together and fight back, that's somehow an antitrust violation? I don't think so.

      Actually, yes, that's pretty close to how it works. Companies can assert patent rights without running foul of antitrust regulations, but if they start teaming up, then there's an issue. The DoJ helpfully put out a set of guidelines back in 1995. Since then, they've become a little more accepting of patent pools generally, but they don't look kindly on anticompetitive pools.

  31. Re:Just one question : by JavaBear · · Score: 2

    If /. doesn't render right in your browser, it's your browser that is the problem. /. as far as I can tell seems to be valid HTML.

  32. Smartphone LA? by pushing-robot · · Score: 1

    Digitude is a new kind of patent investment vehicle because it seeks to team up with strategic players that can invest in Digitude not with money, but by contributing patents. The contributing entity would then get a license for all of Digitude’s patents, [Digitude Chairman Robert] Kramer says.

    That doesn't really fit the modus operandi of a "patent troll". It sounds more like they're setting up a patent pool similar to MPEG LA.

    Personally, I'd love to see these smartphone-related patents in the hands of a neutral party, rather than their current owners: manufacturers constantly trying to screw their competitors.

    --
    How can I believe you when you tell me what I don't want to hear?
    1. Re:Smartphone LA? by Lemming+Mark · · Score: 1

      Good point. However, I do worry that it seems like the kind of thing that sets a high barrier to entry for new competitors and could generally end up being bad for the market. The big players presumably still would compete with each other over features, but if a new company that didn't have many relevant patents themselves wanted to disruptively compete in the same market (e.g. offering something drastically different in terms of price / business model) then they might have difficulty in licensing the essentials from the big player.

      Not that they couldn't already get stomped by the big players in the current circumstance but at least there's no co-ordinated way in which the big players can do so, they'd all have to decide it was worth a lawsuit.

  33. But we are not looking at just one data point by SuperKendall · · Score: 0

    We have years of data that shows Apple grows consistently, not a single data point from which we derive that conclusion.

    Furthermore Apple still has a pretty small share of the overall phone market. So on what basis do you think the rate of growth will slow down? Even with Android doing VERY well (which I am sure it will continue to do) Apple could easily continue 60% growth rates year after year just from the growth the phone ALONE can give them - never mind other iOS device like the iPad/touch...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:But we are not looking at just one data point by rtfa-troll · · Score: 5, Interesting

      Apple could easily continue 60% growth rates year after year just from the growth the phone ALONE

      Lovely; This is exactly the logic which used to predict that the dot coms would soon be larger than the entire world economy. With your prediction Apple's revenue will be larger than the entire world GDP today in less than a decade and a half. I'm assuming that by then the aliens will have made themselves known and put in some extremely large inter-galactic orders?

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    2. Re:But we are not looking at just one data point by c0lo · · Score: 3, Funny

      Apple could easily continue 60% growth rates year after year just from the growth the phone ALONE can give them

      In 20 years Apple will have owned all the financial institutions and in 100 years the Earth crust will be covered by 1 meter of iPhones ALONE - never mind other iOS device like the iPad/touch.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    3. Re:But we are not looking at just one data point by joocemann · · Score: 0

      On a more general note; isn't it curious how your mathematical projections predict the monopolistic and unethical practices of corporations, given that the basic fundamental principle is to consistently increase profits?

      This system is doomed. Not that it isn't already obvious when the people transferring funds are drawing more profit/income than those who exert the purposes of those funds (the actual production/activity/work to the benefit of others such as products, building, engineering, etc).

      Economic administration, by way of banking or incorporated investment, should not be the primary beneficiary of the system by which people exert work for their fellows. In simple terms, the finance department shouldn't be making more money than the engineering and labor departments. Seen as a whole, the bias and exploit we see within our systems comes from the self-interest and reciprocating wealth and power gains that our financial administrations have taken through manipulative coup.

    4. Re:But we are not looking at just one data point by Splab · · Score: 2

      So?

      Years and years of data showed processors would keep doubling in performance every 18 months - years and years of data showed the same for harddrives.

      x86 was all the rage, current trends points at ARM with Intel and AMD being out of the game if they don't keep up.

      Apple should be scared shitless, yes they have a force and a brand that ensures some sales, but more and more people switch to Android; the choices there are just much wider and Apple isn't so much of a fashion statement any more.

    5. Re:But we are not looking at just one data point by LordVader717 · · Score: 1

      Problem is that the computer market is a very complex dynamic system. Even a seemingly exemplary sustainable growth and market can spiral downwards given a few years of bad decisions. Just look at Nokia and RIM.

    6. Re:But we are not looking at just one data point by Anonymous Coward · · Score: 0

      Umm.. no? that was using absurd math that was essentially using "page views" on Bubble.com and then extrapolating that data to compare with existing industry/other successful things..

      IE they where selling stock based on numbers that say shit like.. "since Pet Supermarket has an avg daily traffic of 200,000 customers across all stores.. that if we get 200,000 page views we will be as profitable as pet supermarket"

      Apple is selling products to generate its cash, at a gross margin that makes every other company envious and they are selling them as fast as they can make them..

      How exactly do you figure that selling actual products is in any way shape or form similar to "i can haz idear for website == ipo" of the dot com bubbles?

    7. Re:But we are not looking at just one data point by LordLucless · · Score: 1

      Because this is what you're doing: http://xkcd.com/605/

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    8. Re:But we are not looking at just one data point by rtfa-troll · · Score: 1

      I really didn't make this up. I actually did the calculation:

      He said that Apple will continue growing at 60% yearly. I looked at the numbers. The world GDP is about 60-65 Trillion dollars. Apple has revenue of 108 billion. If you do 108 billion * ( 1.6 ^ 14 ) you get 77 trillion dollars. So by his prediction of ongoing 60% growth, 14 years from now Apple's revenue will exceed the entire size of the world economy today. I would say they will need to discover some new export markets to achieve this.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  34. Let's just assume all bloggers are correct by NameIsDavid · · Score: 1

    An individual site doing its own investigation and coming up with a conclusion that they don't know exactly what's going on (and even stating that their speculations don't fully make sense) is hardly a reason for people to get all upset. Withhold judgment until there's an actual story to judge.

  35. apple is evil by Colin+Smith · · Score: 1, Troll
    --
    Deleted
    1. Re:apple is evil by joocemann · · Score: 1

      Sometimes, yes.

      Welcome to reality. There are hardly any 'yes or no' answers.

    2. Re:apple is evil by Anonymous Coward · · Score: 0

      Woosh! The GP's meaning was that merely suing someone is not nearly as evil as getting your components made by a subcontractor whose working conditions drive dozens of workers to suicide.

    3. Re:apple is evil by joocemann · · Score: 1

      So they both are... Gotcha.

  36. Live by the sword, die by the sword... by jenningsthecat · · Score: 4, Insightful

    How many of the companies being sued HAVEN'T used patents as an offense rather than a defense? These days, legal departments are profit centres, and are more important than engineering departments; engineers' jobs are being outsourced and offshored while lawyers are rubbing their dirty little hands and laughing all the way to the bank.

    I suspect most of the 'victims' of Apple's attempted sleight-of-hand are simply reaping what they've sown. The whole litigious nature of doing business today has gotten out of hand, but I can't say I feel terribly sorry for any of the players involved.

    A society that believes lawsuits are the path to riches, and rewards people for spilling hot coffee on themselves or not watching where they're walking, can't help but devolve into this kind of crap. In the end it's a zero-sum game, and a tremendous drain on our resources. I'm surprised it's taking us so long to figure that out.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    1. Re:Live by the sword, die by the sword... by speckman · · Score: 4, Informative

      Except that the woman who spilled hot coffee on herself and sued, which everyone has loved to ridicule and hate, was being pretty reasonable. http://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

    2. Re:Live by the sword, die by the sword... by Anonymous Coward · · Score: 0

      In other words: Don't be mad; other companies sometimes sue as well. Also, somebody sued MacDonald's once because they spilled coffee on their lap, so it's really society's fault Apple has to do this.

    3. Re:Live by the sword, die by the sword... by dell623 · · Score: 1

      Google, Samsung, HTC, and many others have only used patents in retaliation. Seriously, I am not trolling, I am not making this up. Google for example have registered plenty of patents but have never used them in litigation except the ones they gave to HTC to defend against Apple.

    4. Re:Live by the sword, die by the sword... by wzzzzrd · · Score: 1

      You are wrong. It wasn't about the coffee being hot. It was about the coffee being able to BURN skin like a fire does, which it must not. The reason for this is that McDonald's uses some chemical excuse for coffee that NEEDS these temperatures to taste like coffee.

      It was a completely valid suit. The woman expected to feel pain when spilling coffee, she didn't expect being BURNED and needing expensive treatment.

      --
      On second thought, let's not go to Camelot. It is a silly place.
    5. Re:Live by the sword, die by the sword... by Moldiver · · Score: 1

      Hell are americans whiny babies. Coffee HAS to be nearly cooking. That warm colored water you normaly drink is NO coffee...

    6. Re:Live by the sword, die by the sword... by wzzzzrd · · Score: 1

      Hell are americans whiny babies. Coffee HAS to be nearly cooking. That warm colored water you normaly[sic] drink is NO coffee...

      Emphasis mine. That was the whole point of the suit. The mixture that lady was given was cooking, it's temperature was above 100C. That's the difference between a laminar scar and a fucking burning.

      Before you ask, that's how you get water boiling without it making bubbles: fill water into fresh paper cup, put some freeze-dried coffee into same cup, put cup into microwave oven, wait 3 minutes. No bubbles until you put a spoon into the cup or spill it, which will result in a >120C explosion. And that was exactly how McDonald's and lots of others served "coffee". That has changed since the suit though.

      --
      On second thought, let's not go to Camelot. It is a silly place.
    7. Re:Live by the sword, die by the sword... by Moldiver · · Score: 1

      Hmm sound like american coffee-making is even worse then I feared. Are simple coffee-makers unknown over the ocean? We make it by the Liter and stuff it into a Thermos till empty and make new...

      Or are only the big chains so sick?

    8. Re:Live by the sword, die by the sword... by Anonymous Coward · · Score: 0

      how the hell do you get third degree burns from coffee? i call shenanigans

  37. Let me get this straight... by Lifyre · · Score: 4, Insightful

    Apple via DI just picked a fight with pretty much every player in the mobile phone market?

    This reeks of desperation. Something tells me the recent rulings against them around the world from Germany to the US to Australia are a major blow to their ego and they're lashing out like the cool kid who is suddenly being abandoned by all his friends...

    It will be interesting to see if Apple can survive a fight with Microsoft (who are obligated to help due to agreements with Nokia and WP7), Google (Own Motorola), Sony, Samsung, RIM, LG, and Amazon...

    --
    I'll meet you at the intersection of "Should be" and "Reality"
    1. Re:Let me get this straight... by Deorus · · Score: 1

      > This reeks of desperation. Something tells me the recent rulings against them around the world from Germany to the US to Australia are a major blow to their ego and they're lashing out like the cool kid who is suddenly being abandoned by all his friends...

      Don't read too much into it. Jobs decided to "go nuclear on Android" for ambition alone, nothing else. Apple is doing this because they can. If they were desperate they wouldn't be targeting everyone this time around. When the whole thing started, Jobs said it wasn't money that he was interested in because he already had plenty, the whole thing was just his personal agenda to rid the world of iPhone competitors, and I agree with him, as I don't recall many capacitive multi-touch touchscreen phones sporting an interface completely designed to be used with fingers before the iPhone came out and showed everyone how to properly use technology that had been around for ages, and 4 years later everyone is blatantly copying the iPhone.

    2. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      But The KE850, which has a Capacitive Touch Screen, actually got an 2007 iF product design award[10], where entries had to be shipped by September 2006 whereas the iPhone shipped first in June 2007.

    3. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      All they are is a mini-capacitive-touch-screen computer with a Voice application on it. They were aiming up towards that before Apple came along. Apple just made it "cool".

    4. Re:Let me get this straight... by sydneyfong · · Score: 1

      Right.

      I don't recall many capacitive multi-touch touchscreen phones

      Which part of "many" is your one example about?

      --
      Don't quote me on this.
  38. DejaVu? by Cybrknight70 · · Score: 2

    I had absolutely no idea that Darl McBride started work at Apple.

  39. MS and Immersion by YesIAmAScript · · Score: 5, Interesting

    It didn't involve giving patents, but when Immersion sued Sony and MS over controller rumble, MS settled with Immersion, giving them money to fund their lawsuit against Sony on the condition that Immersion pay MS from the profits from that lawsuit and took part ownership. It was to remain confidential.

    Later MS sued Immersion for not paying MS their money from the lawsuit. No honor among thieves I guess.

    http://www.theregister.co.uk/2008/08/27/microsoft_settles_with_immersion_again/

    --
    http://lkml.org/lkml/2005/8/20/95
  40. Companies need to join forces. by Anonymous Coward · · Score: 0

    It would be great if all these companies joined forces for one major suit and blow Apple out the game. Apple are no better than the patent trolls themselves. Worse! They use money and loopholes in U.S . laws to stifle competition and try to limit innovation to serious tech companies.
    They can't innovate themselves so sue everybody who can.
    Apples whole range is nothing more than other peoples ideas which they put in a trendoid package and sell to their flock for ridiculous profits. Compare the latest iphone to the original - small rectangular block with a little 3 1/2" touch screen! Apples great innovation over the last 5 to 6 years! 6 Models of minor updates!
    All this is going to do, I hope, is set off a patent war, Apple versus the real tech companies. Lets truly hope for all tech future that Apple loses badly, so innovation can again be part of modern technology, rather than companies like Apple flogging off minor updates as innovative new devices and limiting choice to consumers.

  41. Wrong, counter-move to Google... by SuperKendall · · Score: 5, Insightful

    It's not an act of desperation. It's an act of Machismo, to match every other company (mainly Google, as a countermove to the Motorola purchase and subsequent attacks).

    The whole thing is insanity really, there are no white hats here - Google, Apple, the whole lot of them suing each other in ridiculous ways over silly things with absurd demands.

    I think there is a purpose for patents, I don't want to see them all go. But plainly something is utterly wrong with the system as it stands, where consumers all sit in the eye of the patent hurricane and hope it doesn't affect some fragment of our lives...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Wrong, counter-move to Google... by Anonymous Coward · · Score: 0

      Um, Google hasn't bought Motorola yet. That is a thing that has not yet happened. It may happen in the future, but as of now, today, December 2011, Google does not own Motorola.

      Google is the one company with a stake in cellphones that has not sued anyone at all for patent infringement ever.

      Apple's aggression is not an act of self-defence against any patent lawsuits from Google because there are no patent lawsuits from Google against anyone.

      Fucking hell, you Apple fanboys are welcome to love the company for making great products, but you really should step outside the reality distortion field occasionally and see the world as it really is. A world where Apple is not perfect and, just sometimes, might even be capable of unprovoked aggression.

    2. Re:Wrong, counter-move to Google... by sydneyfong · · Score: 1

      http://mediacenter.motorola.com/Press-Releases/Motorola-Mobility-Sues-Apple-for-Patent-Infringement-344d.aspx

      They're owned by Google now.

      And if I'm not mistaken, the lawsuit hasn't been called to a halt by Google.

      --
      Don't quote me on this.
  42. This should be illegal. by znerk · · Score: 5, Insightful

    This should be illegal. Not just the transfer of patents solely for the purpose of litigating with them, but patents in this field - and maybe patents in general.

    This post rambles a bit, but please bare with me as I explain that Intellectual Property is a large component of the destruction of modern society and civilization.

    Originally, copyright was a big deal. I understand that. A couple hundred years ago, there weren't a large number of printing presses "in the field". Since then, technology has progressed to the point that not only can we print documents immediately upon desiring a hard copy of them, but there are entire publishing houses based on the idea of "print on demand" for books, periodicals, and other similar products. Humans have even developed a three-dimensional printer, allowing the production of any single plastic object that we can make a CAD document of. "Copying things" was not a personal concern when these laws were instituted, it was to prevent CompanyA from stealing CompanyB's work and printing a couple hundred copies, so that CompanyA would make money by stealing CompanyB's market. At that point in the technology curve, big companies were the only means of production for these products.

    Let's think about the here and now, where nearly every home has a printing device. Where paper and ink are available to anyone who has access to a vehicle, and even to those who do not, if they live close enough to a Walmart, a Kmart, a drug store, a grocery store, or in some places even a convenience store. At this point in the technology curve, it becomes obvious that "protecting intellectual property" really means "creating an alternate revenue stream in the guise of monopoly".

    It has been said over and over, but I'm going to repeat it one more time to be sure my point is clear:
    Patenting software is like patenting a recipe, or an algebraic equation. You cannot patent the number 7, you shouldn't be able to patent "a method for obtaining the number 7 as output from a specific sequence of calculations". Recipes are protected under copyright law, because there is an artistic expression in listing ingredients and instructions for mixing them together... Wait, what?

    So-called "design patents" are even worse - they attempt to make it illegal to do what any layman could do with no more tools than their eyes. "Rounded rectangle" should not be patentable, any more than "cube" should be patentable. Apple suing Samsung for making a smartphone that happens to be white was one of the most retarded, idiotic, moronic things that I have ever read, until I came across this article, describing how Apple sued a teenager for making "conversion kits" to turn iPhones white before Apple was ready to release the white iPhones... The appropriate thing to do in that case would have been to tell Apple they should have gotten their product to market sooner, and stopped using an artificial shortage to inflate sales figures. That is to say, Apple built the hype for a specific product, but hadn't made it to market with that product yet. Someone else made a product that allowed a cosmetic change to Apple's existing product in response to the apparent demand, and they sued the crap out of him.

    I am sick and tired of seeing people arguing about implementations of ideas. I am sick and tired of seeing people trying to claim a monopolistic chokehold on the technology industry, simply because they were able to get to the patent office first. I am sick and tired of being afraid to publish my own software, due to the fact that someone out there will claim I'm infringing on some obscure, obvious "to one skilled in the arts" method of doing something that they have a patent on... like clicking a button, or scrolling a text field.

    These intellectual property laws are stifling innovation, doing the exact opposite of the original purpose of the system; patents were desig

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    1. Re:This should be illegal. by Anonymous Coward · · Score: 1

      Recipes are protected under copyright law
       
      No, it doesn't. See here, for instance. If you'd care to point out a recipe that indeed had enough 'substantial literary expression' to maintain an infringement suit, please enlighten us.

    2. Re:This should be illegal. by n6kuy · · Score: 1

      > please bare with me ...

      How 'bout dinner and a movie first?

      --
      If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
    3. Re:This should be illegal. by znerk · · Score: 1

      > please bare with me ...

      How 'bout dinner and a movie first?

      Ack. Thank you for the correction. I wish slashdot allowed me to edit my post.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  43. Oh Look! One of Apple Troll bonch's Other Accounts by Anonymous Coward · · Score: 0

    Go back to crying yourself to sleep at night over Google destroying Apple in the cellphone market.

  44. Bad use of good patents by Theovon · · Score: 1

    If I were running a target^H^H^H^H^H^Hcompany the size of Apple, I'd want to patent everything I could as a defensive measure. Indeed, independent developers are sitting ducks, because you can't make anything without someone trying to claim it violates their patents. Even our favorite evil company, Microsoft, generally takes a defensive stance with patents. Sure, they've launched a few lawsuits, but they're nowhere hear as litigious as Apple. It's perfectly fine for Apple to HOLD the patents they have, but to use them as a weapon against innovation just turns my stomach.

    And why do they need to so that? I'm sure many people disagree, but I tend to prefer Apple hardware and software. Unlike so many half-baked PC makers and FOSS projects, Apple actually puts thought into making good designs, paying attention to detail. They make really good stuff, so they're in absolutely no danger of other companies taking away market share. Apple is as big as it is because people like to buy their stuff, not because they've had to Microsoft anyone down in order to prevent competition.

    So what the hell are they doing? Do they have a legal staff with nothing better to do? Too many lawyers, I guess. I realize that if you knowingly do not defend a patent, it MIGHT be taken away, but Apple is being a bit too aggressive here.

    1. Re:Bad use of good patents by Malenx · · Score: 1

      Have you considered that Apply might just want to make money off everyone else and is using this as an opportunity to do so?

      Apple is a corporation, not an ideology, as such they desire profits, even if it means they can legally steal them from others.

  45. Re:Just one question : by Dupple · · Score: 1

    Safari 5.1.2 here. Renders fine thanks. Now get on topic.

    --
    Watch those corners
  46. Apple is a monopoly by Anonymous Coward · · Score: 0

    It's time for the federal government to break Apple up.

    1. Re:Apple is a monopoly by sydneyfong · · Score: 1

      A monopoly of what? Shiny devices?

      --
      Don't quote me on this.
  47. Apple didn't even invent those by khipu · · Score: 1

    The patents look iffy to begin with. But they aren't even Apple's iffy patents; Apple bought these patents (from Mitsubishi) and then transferred them to the shell companies.

    That's Apple innovation in action!

  48. Re:Maybe Steve was trying to kill patents? by phantomfive · · Score: 2

    Even if this sparks patent reform (which it almost certainly won't)

    Don't be so sure, this has the mainstream media taking notice of patent problems. There was even an editorial in the Wall Street Journal that was complaining about patent problems. Their solution is different than the one I would choose, but at least they are thinking about these problems now.

    --
    "First they came for the slanderers and i said nothing."
  49. I need a little advice. by Anachragnome · · Score: 5, Funny

    I need a little advice.

    I am looking to purchase a smartphone, but with all these lawsuits it has become exceedingly difficult to determine exactly which phone will allow me to join the highest possible amount of future class-action suits. I am hoping the sum of settlement payments will exceed the actual cost of the phone and result in a net profit.

    Any suggestions?

    1. Re:I need a little advice. by TheGratefulNet · · Score: 2

      iCup and accessory iString might be right for you.

      (they come in white, too, if that matters. and it does, for some folks.)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:I need a little advice. by Spykk · · Score: 1

      An iDroid 7 ought to do the trick.

  50. Obviously not forever. But obviously not dead.. by SuperKendall · · Score: 1, Insightful

    Look, obviously 60% cannot continue until the end of time. But your bullshit use of some improbably far off number ignores the realizing mid-term potential for further Apple growth that can easily continue for many years.

    But by all means short them (or do not invest) if you are so sure about Apple's failure!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  51. Saturation by Anonymous Coward · · Score: 0

    As others are pointing out, such growth is unsustainable. I would submit that the real trouble begins long before you reach maximum output. IIRC, PCs saturated in the late 90s. That dot-com boom went bust right around the same time. Coincidence? Probably; but you get the idea.

    The question is, when do iPhones saturate. I for one will avoid getting any kind of "smart" phone until it's the only thing available, and then I might even rethink being mobile entirely (I'll get a ham license for emergencies if the contracts are too expensive, so help me.).

  52. Probably the other way around by Anonymous Coward · · Score: 1

    Apple practically invented the frivolous IP lawsuit. Remember their "look and feel" lawsuits?

    1. Re:Probably the other way around by AK+Marc · · Score: 1

      They won in court. It's not Apple's fault the laws are frivolous, but, under US law, the suits weren't.

  53. RTFA Anyone? by ninetyninebottles · · Score: 5, Informative

    I read the whole list of comments and did not see a single person mention the fairly important part of the article that seems left out by he summary and headline:

    The alternative is that Apple has given some of its patents to Digitude because the patent troll came after it first. The dozen patents Apple has handed over may have been part of a settlement with the firm, along with the license agreement (which would presumably give Apple the rights to its patents, and additional Digitude patents). This seems more likely.

    How is it with over a hundred comments no one seems to have RTFA and seen the analysis by Kincaid that says this is most probably a case where Apple was sued by the patent troll and transferred patents as part of a settlement for the lawsuit? Mind you Apple probably could have and should have fought back and demanded a cash only settlement in order to prevent the patent trolling form propagating, but then I can understand not doing so. Microsoft has certainly transferred its patents with trolls several times so paying hard cash to protect competitors seems like a losing strategy in our very, very broken market.

    1. Re:RTFA Anyone? by dell623 · · Score: 1

      There's absolutely nothing to suggest that that hypothesis is true----the only lawsuits they have filed against any mobile device manufacturer is the one mentioned in TFA, and that uses patents that were owned by Apple until August this year.

      and if you RTFA, you have already see:

      This announcement is dated April 27, 2011: http://www.prweb.com/releases/2011/04/prweb5278144.htm

      They talk of 'aggressively' licensing stuff in the near future, so they hadn't started litigation at that point.

      The day before, on April 26, 2011 Apple transferred the patents to a shell company linked to Digitude who later transferred them to DI: http://assignments.uspto.gov/assignments/q?db=pat&pat=6208879

      Clearly, Apple signed a deal with DI in April and arranged for the transfer of their patents. And this was way before they sued anyone, in fact without the Apple patents they don't seem to have anything else worth suing anyone with.

      Apple was NOT sued by this patent troll first, they cut a deal with them. And DI's business model means that part of any profits from this lawsuit will flow to Apple - and you can bet anything it won't be a tiny amount.

      What is increasingly bizarre is the patents were bought form Mitsubishi. They are not originally Apply patents and have nothing to do with Apple's iPhone/iPad technologies. They are not even part of the 'thermonuclear war' on Android, DI is suing Nokia and RIM as well.

    2. Re:RTFA Anyone? by dell623 · · Score: 1

      Also,
      Forbes article from 13 June:

      "Kramer said Digitude has already done a licensing deal with one company and it will do one more before rolling out a program that will include a litigation component."

      Apple transferred the patents to a DI shell company on April 26.

      Digitude have only done a licensing deal with one company by June and have not started litigating yet.

      Apple is that company, there is no other explanation possible.

      And DI clearly did not sue Apple first, Apple went to them willingly.

    3. Re:RTFA Anyone? by Anonymous Coward · · Score: 0

      Probably because Apple has been sued by plenty of patent trolls and doesn't seem to be in the habit of rolling over this easily.

    4. Re:RTFA Anyone? by Anonymous Coward · · Score: 0

      How is it with over a hundred comments no one seems to have RTFA

      You must be new around here.

    5. Re:RTFA Anyone? by MobyDisk · · Score: 1

      That's brilliant: A criminal armed with a knife comes to rob you. So rather than give him money, you offer him a gun in exchange for not harming you. Somehow, your new information turned Apple from sounding evil, to sounding evil and stupid.

  54. Re:Maybe Steve was trying to kill patents? by Anonymous Coward · · Score: 0

    They can not possibly expect to basically be able to shutdown every other manufacture in the US or extort them for fees, its just completely unrealistic.

    Why not? Steve Jobs was schizophrenic for decades, on the one hand acknowledging that pretty much everything his company has ever done was "stolen" (his own words), yet at the same time "going thermonuclear" on other companies that brought out products that in any way resembled his.

    Like any good cult, Apple and their priests were never bothered by logical inconsistencies in their arguments.

  55. Can someone just sue to stop this crap? by Khyber · · Score: 0

    This is America, anyone can sue for anything.

    Can't someone sue everyone involved in a patent war, over damages caused to the economic systems in our country, which affect every American living here?

    I bet if the citizens of the USA filed a class action against every one of these companies, this shit would stop immediately.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:Can someone just sue to stop this crap? by shutdown+-p+now · · Score: 2

      What's most interesting about this is that, if I understand TFA right, there are companies out there which make patent trolling on behalf of their clients, to shield the latter from retaliatory suits, their official business plan. That's unbelievably fucked up.

      I'm not really anti-patent, but at this point I'm starting to think that scrapping patent system altogether would be less harmful in the long term than letting it continue the way it is.

  56. I find that argument difficult to swallow by F69631 · · Score: 5, Insightful

    Corporations exist to make money. Therefore, they'll make money however they can. This is entirely allowed by our patent system and isn't evil at all.

    You could argue that people don't have any duties towards other people or the society and each should just try to gain as much money as legally possible. You could even argue that if everyone tries to do that, things end up better for all of us. I would disagree but I could at least understand both the ethical and economic principles behind those claims.

    Corporations, however, aren't something that "just exist". They're tool that we, as the society, came up with and gave certain exclusive rights to. To be more exact, corporations are tools through which we grant certain people (CEO, Shareholders, etc.) certain rights that they wouldn't otherwise have (e.g., when the company earns money, it can direct it to shareholders but when it can't pay back its debts, we don't hold shareholders personally responsible).

    You can say "You don't whitelist rights! Government/Society/etc. don't GIVE rights" but in the case of corporations, society really has created some rights that don't have any ethical reason to exist. They've been created because we believe that if we create them and give them to people who use them responsibly, society becomes a better place and everyone wins. That being the case, we have all the right to say "You either accept BOTH the rights and duties (=some social responsibility) of this corporation-thingy or we don't give you either of them" and thus expect some social responsibility from corporations.

  57. Google, HTC, Samsung, several others by walterbyrd · · Score: 1

    How many of the companies being sued HAVEN'T used patents as an offense rather than a defense?

    Better questions: outside of Apple, and Microsoft; how many companies are constantly filing frivolous IP lawsuits, in an obvious effort to restrain free trade?

    And when I say constantly, I mean to the point that those companies hardly ever do anything other such extortionist scams?

  58. Good use of bad patents by walterbyrd · · Score: 1

    If you Apple can use their laughably bogus patents to restrain free trade, in ways that are beneficial to Apple, then why not?

  59. Re:Just one question : by Anonymous Coward · · Score: 0

    Safari is WebKit, yes?
    Android uses WebKit.
    /. renders fine on Android.
    Get a proper browser.

  60. You are nuts! by s-whs · · Score: 0

    Apple doesn't understand that Microsoft won because they were very responsive to what customers wanted. They bent over backwards to give what (the biggest segment of) customers wanted. They were on top of it all throughout the 80s and 90s. Of course, they didn't have a problem playing sharp business games (ie, all their unethical stuff), either.

    Apple still doesn't get it. They don't get that enterprise wants backwards compatibility, for example. Who would ever build an enterprise app to run on OSX, when it may be obseleted and ejected from OSX (like Carbon was in Lion, and a bunch of others)?

    Apple did see the unethical stuff Microsoft did, and they thought that is why Microsoft must have won. So they decided to follow the unethical stuff.

    I think you are crazy!

    Microsoft were not 'on top of it all throughout the 80s and 90s'. Microsoft 'won' only because they were the only mainstream choice on PCs. People bought PCs because they were much cheaper than Macs. OS/2 didn't catch on I think because it really needed 8MB and it made PCs a lot more expensive (this was a big deal in 1994-1995). It is true that for some reason people didn't really want OS/2. Not sure why, as it was available before win95 and it was better, but the reason people didn't go with OS/s was definitely not because MS gave people what they wanted. Misleading advertising perhaps in similar vain as some of the error messages in MS software that it might not work correctly (when running on other DOS like OSes). Even in the 1980s it was well known MS put out crappy software. I didn't have a PC then but I knew this from reading mags. People only used MS software because they thought it was 'good enough', certainly not because MS gave them what they wanted. If MS did that they would have made good operating systems that give useful information on booting and hangs less.

    As to Apple doing what MS did in unethical tactics: This could be true.

    1. Re:You are nuts! by Bing+Tsher+E · · Score: 2

      OS/2 didn't catch on because the royalty payments that OEM manufacturers had to pay per unit sold went to one of their direct competitors in the PC hardware business.

      Also, OS/2 spent too much time being compatible with Windows 3 during the time period when Microsoft was rolling out Windows 95.

    2. Re:You are nuts! by phantomfive · · Score: 4, Insightful

      Even in the 1980s it was well known MS put out crappy software. I didn't have a PC then but I knew this from reading mags. People only used MS software because they thought it was 'good enough', certainly not because MS gave them what they wanted.

      See, this is what you don't get. You and Apple both don't get it. Yes, Microsoft put out crappy software. Yes, other software was better. Yes, the Macintosh was a better computer. So was the Amiga. BUT.......

      If your software doesn't have the one feature I need, it is useless to me. I will go with the buggy, ugly software that does what I want every single time. This is the core principle of enterprise software. Find out what the customer wants, and do it. If you don't understand this, you will never make it in enterprise. Microsoft got it. Apple didn't. You don't get it either. Maybe if you weren't so busy insulting people, you would.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:You are nuts! by Anonymous Coward · · Score: 1


        If you don't understand this, you will never make it in enterprise. Microsoft got it.

      Microsoft "won" because it was cheap. No other reason. OS/2 was a better enterprise OS. MacOS was a better consumer OS. AmigaOS was a better hacker OS. But MS-DOS and MS-Windows were cheap. Stupidly cheap. Back in 1995 it cost me $12 per PC for an entire Microsoft stack with bulk-purchase licensing (stack included DOS, Windows, Word, Excel).

      It had nothing to do with features. We all agreed the Microsoft stack was shit and lacked important features. But goddamn it was cheap.

    4. Re:You are nuts! by hitmark · · Score: 1

      Indeed. MS Office is a godzilla sized swiss army knife of features, any of which may only be used by a small subset of Office users. Hell, with the introduction of VBscript it basically became a RAD. VBS and Excel has probably bootstrapped quite a number of company process and report tools over the years.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    5. Re:You are nuts! by KDR_11k · · Score: 1

      Price is very important when it comes to selling what people want. People want cheap goods and will accept compromises on a lot of things to get that low price. Especially in the early days of a technology that price can often affect whether the customers can afford the product at all. Look at how important the Tin Lizzy was to automobiles! You can always get something better for more money but for most people money is too precious to blow on better things when the cheaper ones will do the job they need done. The whole PC revolution was about PCs becoming really damn cheap and more and more people being able to afford PCs.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    6. Re:You are nuts! by Anonymous Coward · · Score: 0

      Not if you bought Microsoft OS/2

    7. Re:You are nuts! by Billly+Gates · · Score: 1

      As a user I would prefer a mac and wish ot had more software. My heart says Apple.

      My brain says pc. Especially software development and costs. Windows 7 is certainky tolerable and I work in I.T. Windows gives me the skills. Cancelling carbon is insulting. I dont care if it makes pretty apps with aqua instead. If I blew millions on a carbon based product I will simply just focus on Windows instead. It is a business and not a foss charity

    8. Re:You are nuts! by phantomfive · · Score: 1

      Cancelling carbon is insulting.

      Exactly.

      --
      "First they came for the slanderers and i said nothing."
    9. Re:You are nuts! by KingMotley · · Score: 1

      Negative. OS/2 didn't have anywhere near the hardware support that windows did. Especially printers and network cards, both of which were extremely important back then. In the enterprise, it was OS/2 vs Windows NT, and while OS/2 did have things that technically were superior, Windows NT was just more polished with a lot more hardware support than OS/2 did. Software packages also ran on Windows NT with little to no problems while it was often complicated in OS/2 and to get DOS apps to multitask correctly required modifying a bunch of .INI files that weren't really well documented (sound familiar?).

  61. Mutually Assured Destruction? by OverflowingBitBucket · · Score: 2

    Looks like Apple wants in on the patent extortion rort.

    Apple's competitors can pull the same tricks too- I'd fully expect a few "innovation startups" to spring up soon, preloaded with patent portfolios, and start hitting Apple back.

    My hope is that in the resulting mess a few senior people in the bigger organisations take notice and figure out that they could make huge savings by spending some of that money on political lobbying instead, get patent laws cleaned up, and pull the fangs from these lawsuits. These organisations have made great efforts to get the cheapest manufacturing, labour, and development costs. It seems strange that they haven't gone for similar savings in the legal area as well.

    But I know that I'm hoping for too much.

  62. "Shell Company" by Tarlus · · Score: 1

    Not a proper noun, and not the fuel company. Now it makes more sense.

    --
    /* No Comment */
  63. Car Insurance by witherstaff · · Score: 1

    I'll gladly help as soon as I'm done switching car insurance.... again. I started with a switch to Progressive which saved me hundreds. Then to Geico which saved me hundreds more. Once I switch to All State saving a few hundred and then the general they'll be paying me to have car insurance. Once this works for one car I'll buy another, and keep on buying. Soon I'll be buying enough cars to get the Big 3 back on their feet. Maybe revitalize the Michigan economy. Since every car needs a phone your plan is a nice add-on to profit quicker.

  64. SCO clone by WindBourne · · Score: 2

    Basically, Apple does not want the hit on them, so followed the Sun/MS model of getting another company to do the hit, with the ability to bring money back to them.

    Changes in laws are needed. It is truely a disgusting set-up with fucking lawyers.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  65. Laches by tepples · · Score: 2

    The longer you wait to file suit for patents the more committed your victims get to the underlying methods.

    Which is why the courts recognize a defense called laches. (Google it.) I admit it's weaker for patents and copyrights than it is for trademarks, but if someone accused of infringement can convince a judge that the patent holder waited for the defendant to become more committed before pulling the proverbial rug, the defendant is off the hook for back damages.

    1. Re:Laches by symbolset · · Score: 1

      Which is why you transfer the patents to an "independent" entity before they file suit. They can claim they didn't know. "We just bought these patents, and find the respondent in violation immediately." The profits from the suit aren't the point. The prevention of competitors' progress is and that motivation can't be tracked back across the transfer - and even if it's eventually found so, it can keep the doubt in play for several years - which is good enough. It's a dirty game, but as I said: completely legal. Patents and copyright are completely broken. They now prevent the "progress of science and the useful arts" they were put in place to promote.

      --
      Help stamp out iliturcy.
    2. Re:Laches by khallow · · Score: 1

      It's a pretty transparent (as in analysis of the motives behind the action) move and I imagine the process of doing so generates all sorts of interesting documentation that would be useful in a lawsuit. So why did Apple transfer assets of such value to an "independent" entity? What did they get in return? That will probably come out in the court case.

    3. Re:Laches by symbolset · · Score: 1

      So I'm guessing you didn't read the ggp, where I described what they get. And the grandparent post where I said it again. They get the prevention of progress of their competitors. That is the only goal, and it's the only thing this patent tool is good for.

      --
      Help stamp out iliturcy.
    4. Re:Laches by khallow · · Score: 1

      I did. My point remains the same. It's an overt move with documentation which a trial lawyer can focus on. My bet is that we don't see a lot of this sort of tactic because it doesn't work (or the risk that the IP troll turns on the hand that feeds it), not because no one has ever thought of it before.

    5. Re:Laches by symbolset · · Score: 1

      Wait. This has been going on for years, and is instantiated in the very article we're commenting on, as well as the ones I referenced earlier, and all the other suits in this thread. You're a regular on Groklaw aren't you, where this sort of thing is covered every day? What do you mean we don't see a lot of it?

      --
      Help stamp out iliturcy.
    6. Re:Laches by khallow · · Score: 1

      Wait. This has been going on for years, and is instantiated in the very article we're commenting on, as well as the ones I referenced earlier, and all the other suits in this thread.

      And others have noted the "laches" defense against this very tactic. Which you claim didn't hold because of the transfer to a shell company, which in turn was the spur for my comment that such machinations were rather transparent and maybe even exposed Apple to additional risk.

      Why do you keep assuming I haven't been reading this thread when my post is obviously addressing a specific comment you made in its appropriate context?

  66. Re:Maybe Steve was trying to kill patents? by heinousjay · · Score: 1

    Doesn't even sound broken to me. Sounds reasonable - Apple invests time, money, and talent into creating something, and other companies can make money from that so long as they compensate Apple.

    I don't get why that is "evil."

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  67. Thermonuclear War by pavon · · Score: 3, Informative

    Not to mention that Jobs was very vocal about his intentions to sue Android into the ground before he died. Hell, the day he announced the iPhone in 2007 he announced that Apple had applied for over 200 patents on the phone and was ready to enforce them. He tried to do the same thing with the Macintosh look-and-feel lawsuits back in the day but failed. It's clear that he went through great effort make sure Apple had a stronger legal position this time around.

    This is absolutely his idea. Anyone trying to pin it the transition to Cook is delusional.

    1. Re:Thermonuclear War by JAlexoi · · Score: 1

      I would disagree on the term "vocal". As this only surfaced after his death and in a book.

  68. Yes but... by SuperKendall · · Score: 1

    Even a seemingly exemplary sustainable growth and market can spiral downwards given a few years of bad decisions. Just look at Nokia and RIM.

    Yes but the downfall of both has been visible for many years now. Apple has made zero choices thus far that signal that kind of decline might happen even in say five years or so. It's not impossible but currently there is nothing visible that would prevent a continued rapid rise in Apple's sales over the next five years.

    Sure, longer than that things get murky and you cannot keep up that growth forever. But Apple has a major foothold right now in computers AND phones AND tablets AND entertainment. Even if one of those legs goes weak that is a LOT of traction they are getting in multiple trillion dollar markets.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  69. "Good artists copy, great artists steal" by dave87656 · · Score: 1

    I find Apple's stance of patents interesting. Steve Jobs, may he rest in peace, seemed to like the concept of stealing other people's ideas until people started stealing the ideas (that he presumably also stole):

    http://www.youtube.com/watch?v=CW0DUg63lqU

    1. Re:"Good artists copy, great artists steal" by Anonymous Coward · · Score: 0

      As you point out everyone else are only good artists whereas apple are great artists.

  70. Time to change the law. by Vermifax · · Score: 1

    Who is all for making patents non transferable. No more of this here buy these patents from us and sue all the things.

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    Vermifax

    Logout
  71. Flawed system, flawed company - Time for crackdown by einar.petersen · · Score: 0

    I feel sick whenever I hear the name Apple these days... why ? Well take a look around you. This so called innovator which has its roots in the work of giants like Engelbart. FTA: "Digitude was founded in 2010 and raised $50 million from Altitude Capital Partners, with aims to “acquire, aggregate, and license key technology areas within the consumer electronics and related technology fields in a patent consortium” — in other words, it buys up patents and then sues other companies until they settle and agree to pay licensing fees, because it’s generally less expensive than actually going to court." How stark is the contrast to Doug Engelbart's career and thinking a true computer scientist and pioneer who actually focused his career on making the world a better place; A man who wanted to help harness the collective human intellect of all the people contributing to effective solutions boosting every effort on the planet to solve important problems and how he wanted to do this - By using computers as the vehicle. Engelbart is begind a lot of the technologies that many people today believe Apple "invented". 1964, the first prototype computer mouse to use with a graphical user interface (GUI), 'windows'. In the same ballpark: Computer video teleconferencing, hypermedia, groupware, email, the Internet and more can be attributed to Engelbart and other giants like Vint Cerf. So how can it be that companies today claim that their patents are essential for them to exist, so essential in fact that they need to extort, prevent and destroy others from building on their work... oh wait... not Apple or the likes, but actually on the work of the aforementioned giants, who again based their work on their peers, past and present. What is happening to the tech industry? Has it become so infested with the lawyers and trolls that we have seen destroy the music industry, that it is grinding to a standstill benefitting noone but the few that are building up their weapons portfolio consisting of "digital weapons of mass destruction"? Has the time not come to say, "enough is enough" and blow a big giant hole in the supertanker that tech patents have become. Is it not time to say to Apple and it's likes "NO MORE". The weapon you can use is not buying their goods, yeah someone will probably sue me for attempting to instigating a boycott against this company and other tech bullies, who truly contribute nothing at all to the betterment of mankind, but merely try to squeeze out and extract every penny from you and me who are being held in a deathgrip by a completely flawed patent system. And before you feel like answering - Stop the blabbering about patents protecting the inventors... that is complete garbage and propaganda (a sad song indeed). The fact is that for every patent issued, mankind is being held back and delayed yet another 17 years multiplied by a factor of thousands as the cumulative effects of tech patents and patent trolls are squashing any idea and though that might actually lead to a better future for everyone. What a legacy to leave behind for the coming generations, which will probably look back on this time, as the dark ages of information technology, with the patent trolls in the role of the spanish inquisition. There is no way but our way and if you do not agree... Take a time out and make up your mind to stop all this patent nonsense now the sooner it ends the sooner we can get on with solving this worlds problems, making our lives easier and bettering our world!

    --
    MS, ALS, Aphasia ? http://globability.org - Me http://einarpetersen.com
  72. Apple is evil by Anonymous Coward · · Score: 0

    And I will not buy anything from them, and even I discourage everybody I know to NOT buy apple.

  73. Re:Maybe Steve was trying to kill patents? by Kalriath · · Score: 1

    Because half those "innovations" consisted of shit like "performing an action in response to a gesture... on a smartphone". Apple is the new "...on a computer!" patent troll, except with "...on a smartphone!" instead.

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    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  74. Okay, take a step back. by jimicus · · Score: 2

    Let's take a step back, stop foaming at the mouth and try to look at this dispassionately. Please note before reading that IANAL.

    It's already been documented that Jobs was Not Happy with the direction Android was heading in, and wanted nothing less than to kill the platform altogether, to hell with any collateral damage this might do the industry as a whole. I think it's vanishingly unlikely that Jobs surrounded himself with people who would take a live and let-live attitude, so the fact that he's passed on is likely neither here nor there.

    Now, it's unthinkable that Apple might have failed to notice Microsoft's ability to extort royalty payments out of Android handset vendors. So it looks like they're trying to do the same thing. This makes a lot of sense for two reasons:

    1. Anyone looking to base a new product on Android will now think twice - is "free" such a bargain if you've got to license so many patents from so many places? Might be cheaper to build your own or license a commercial product and get some sort of patent indemnification at the same time.
    2. Anyone who's already got a bunch of Android products on the market will be paying Apple.

    But there's a problem. The cellphone industry is absolutely swimming in patents - some of which must be licensed on reasonable, non-discriminatory terms, some of which have no such restriction, some of which are in enough of a grey area that the holder could easily eat up a lot of lawyer time. Apple can certainly expect counter-claims if they sue every Android handset maker on the planet - and regardless of the outcome, each will mean years thrashing out a solution. Years of injunctions to prevent sale of the latest product, appeals against those injunctions, the works.

    Solution? Well, if a company that doesn't make anything does the suing - a patent troll, if you like - there's much less scope for retaliatory counter-claims. Set up such a company, transfer the appropriate patents to it and let that company do the suing. An elegant solution engineered explicitly to game the legal system. But I'm not sure how the legal system will react to such a gaming - I can see it attracting antitrust action.

  75. Re:Obviously not forever. But obviously not dead.. by danomac · · Score: 1

    Look, obviously 60% cannot continue until the end of time.

    It can if they intentionally manufacture defective products with a short warranty. They've got all the fanboys basically replacing them every 2 years now anyway. After all, now that they're creating a shell company to sue everyone, obviously their morals are gone and the sky's the limit... all they have to do is slowly shorten the 2 year refresh rate down to three months. Or even a week?

  76. You must be new here by Anonymous Coward · · Score: 0

    This is Slashdot. Every day people discuss the same topics over and over. Every day it is a race to be the first to regurgitate the same poorly understood logical fallacies, in order to get a +5 karma boost. Every day. Day in and day out. Filethieving. Evile Micro$oft. Google is the new M$. Southern inbreds trying to force religion classes into schools. Nuclear power is perfectly safe. Every day. Day in. Day out.

    No wonder I abandoned my username and do nothing more than troll this site anymore.

    So, the simple answer to your question is: yes, it has to be argued all over again.

  77. Re:Obviously not forever. But obviously not dead.. by Garybaldy · · Score: 1

    Apple never had moral's. It was just considered cute when they were the underdog.

  78. Re:Maybe Steve was trying to kill patents? by TrancePhreak · · Score: 1

    Apple also said they would not license those patents out. (Or so I recall, that part is definitely more fuzzy)

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    -]Phreak Out[-
  79. If Apple don't want the responsibility by Anonymous Coward · · Score: 0

    why don't they release the code?

    If nobody else is allowed to make a Carbon copy (pun intended), then Apple must support it.

  80. NDA's also don't expire by Anonymous Coward · · Score: 0

    So Slime Corp can't just sit on your idea forever until the patent expires.

    PS isn't DI a "small patent holder"?

  81. Re:Obviously not forever. But obviously not dead.. by Anonymous Coward · · Score: 0

    Look, obviously 60% cannot continue until the end of time. But your bullshit use of some improbably far off number ignores the realizing mid-term [...]

    Whooosssh! (I detect an acute syndrome of hypo-alcoholemia - have a beer, mate)