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How Steve Jobs Patent-Trolled Bill Gates

theodp writes "Apple, which is currently waging IP war on Android vendors, is no stranger to patent trolling. Citing the Steve Jobs bio, Forbes' Eric Jackson recalls how Steve Jobs used patents to get Bill Gates to make a 1997 investment in Apple. Recalled Jobs: 'Microsoft was walking over Apple's patents. I said [to Gates], "If we kept up our lawsuits, a few years from now we could win a billion-dollar patent suit. You know it, and I know it. But Apple's not going to survive that long if we're at war. I know that. So let's figure out how to settle this right away. All I need is a commitment that Microsoft will keep developing for the Mac and an investment by Microsoft in Apple so it has a stake in our success.' Next thing you know, BillG was lording over Jobs at Macworld Boston, as the pair announced the $150 million investment that breathed new life into then-struggling Apple. So, does Gates deserve any credit for helping create the world's most valuable company?"

12 of 307 comments (clear)

  1. Re:Disagree by Anonymous Coward · · Score: 5, Insightful

    Gates deserved credit for many reasons, not just those related to IT. The man, once the world's richest, has basically given away his fortune to humanitarian aid and to help develop the world. I can't think of any other guy who is like Bill Gates. Say what you want about Microsoft, but that man has done some good.

  2. Enough Already by whisper_jeff · · Score: 5, Insightful

    Oh my f'ing gawd! If you're going to use the term "patent troll", make damn sure you know what it means. When a company infringes a patent and is sued for doing so, the suing party is _NOT_ a patent troll. When the CEO of a suing company opens a dialogue and negotiates a settlement that is mutually beneficial to both companies, that is _NOT_ a patent troll.

    A patent troll is a company that makes nothing of note (typically nothing at all) yet sues other companies for patent infringement. In fact, it can be best summed up that a patent troll's business model is generating revenues from suing other companies for patent infringement. Now, before anyone tries to be witty and claim that describes Apple, pull your head out of your ass and be honest - Apple makes BILLIONS of dollars _MAKING AND SELLING ACTUAL PRODUCTS!_ They invest a massive amount of money into R&D and thus have numerous patents covering their inventions. Thus, when a company infringes one of those patents, it is entirely within their right and understandable that they would sue for infringement but APPLE IS NOT A PATENT TROLL.

    Seriously. You may not like their actions; you may not like Steve Jobs; you may think everything related to Apple is crap but be honest and understand what a patent troll is and recognize Apple is NOT a patent troll.

    The major issue I have with people watering down the meaning of the term is that it weakens the debate against actual patent trolls who are leaches of the worst order. When you use "patent troll" to describe Apple, just because you don't like them, you weaken the ability to rightly vilify the real patent trolls.

    Apple is NOT a patent troll. You don't have to like them - hate them all you want - but be honest and recognize they are NOT a patent troll.

  3. That's like saying... by denzacar · · Score: 5, Insightful

    Don't you have to be a bottom feeding shell corporation with no actual products to be a patent troll?

    Not sure Apple fit this definition at any stage of it's history.

    "Don't you have to be poor, with no actual possession, to be a crack addict?"

    Patent trolling is an act, not a profession. Though some people/companies do base their business around that single act.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:That's like saying... by Tharsman · · Score: 4, Insightful

      The common accepted definition of "patent troll" is:

      Patent troll is a pejorative term used for a person or company who buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to further develop, manufacture or market the patented invention.

      (Taken from wikipedia)

      Another trait of patent trolls is they want to make sure you stay in business, albeit with low margins, since you going out of business means you cant pay licenses.

      Apple's patent wars have never been done with the goal of get licensing fees from anyone. Their goal is almost always to kill products they despite (for one reason or another, but are mostly motivated by personal company grudges.)

      I'm not saying Apple is a nice kid playing by the rules, but they are far from being a patent troll.

      As for the article itself... what retard wrote that, and how am I not shocked it's posted in Forbes? Yes, Apple (not jobs, the lawsuits had been going for years and Jobs had just returned) was running a legal battle against Microsoft at the time, but as Jobs said, Apple was going to go under way before they were able to win or lose. And to be honest, Microsoft had the money to even pay if they ever won.

      Losses were not what was in Gate's mind at the time. The reason Gates actually bailed Apple out was that Apple going out of business would had been horrible for Microsoft's defense in their anti-trust monopoly abuse case since Apple's competition was one of the points that was constantly brought up by the defense during the case.

  4. Not just patents... by rb12345 · · Score: 4, Insightful

    So, does Gates deserve any credit for helping create the world's most valuable company?

    The reality is that he probably had little choice in the matter. Not investing in Apple would risk having Microsoft as pretty much the only operating system company in existence (OS/2, Solaris and others had virtually no market share, and Linux was not really a competitor on the desktop back then). With the IE antitrust suits just starting around that time, killing off Windows' biggest competitor was a bad idea. So, you could argue that keeping Apple alive was necessary for MS, even if it might cause future problems, and those could be minimised via network effects (people needing Windows to run their applications).

  5. The role of Microsoft to Apple by cold+fjord · · Score: 5, Insightful

    Microsoft has played many roles over its long history with Apple. It has been benefactor, beneficiary, competitor, and on occasion extortionist.

    As a benefactor, Microsoft has invested in Apple, more than once IIRC. They have also produced many solid productivity applications, and once upon a time a number of programming tools (MS Basic, QuickBasic, Fortran) for the Mac. Apple desperately needed applications for the Mac, especially during the early years when people were wrestling with the enormous increase in complexity that programming the Macintosh interface represented at the time.

    As a beneficiary, Microsoft has reaped a nontrivial amount of money from sales of Microsoft products on the Macintosh platform. It also benefited from early exposure to the GUI ideas in the Macintosh and Lisa that popularized and built upon earlier work at Xerox. It could see the many interesting things Apple was doing with object oriented programming, multimedia, and other innovations.

    As a competitor, Microsoft modeled Windows after Macintosh and used it to largely drive Apple from the market for many years. Microsoft used its position as the prime application vendor to shape how Macintosh was used, making it more difficult to use Macintosh in business by withholding key applications or dropping others. (Microsoft dropped Microsoft Project and Foxbase/Foxpro for Macintosh, and never produced Access.) Apple has repeatedly aided Microsoft through brilliance in conception, idiocy in execution, and almost non-existent follow through with future products - both hardware and software. (They are doing much better over the last 10 years.)

    Business being business, extortionist may be too harsh a word, but Microsoft is rumored to have forced Apple to sell its marvelous Macintosh Basic to Microsoft for $1.00 if it wanted to get another license for the Microsoft Basic in the ROMs of the Apple IIs - Apple's bread and butter money maker for years after the Macintosh was released. Funny how much Microsoft Basic -> Quickbasic improved around that time. I seem to recall that Microsoft stopped development on Macintosh applications when Apple sued them over the look and feel of Windows as being too close to Macintosh. I don't believe those were the only times that Microsoft played hardball with Apple either, although it probably went both ways at times.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  6. Re:Patent Troll Nothing... by gnasher719 · · Score: 5, Insightful

    so the San Francisco Canyon Company actually stole the code. Microsoft & Intel used the software they produced AND *ALLEGEDLY* (a word that every Apple fanboy really needs to learn) knew that the company was stealing the code. You may say, why did MS threaten Apple if it weren't true and the answer is that litigation would have been more expensive, whether or not Apple was correct.

    Copyright infringement. Doesn't matter too much whether you know about it or not. By hiring a company that stole the code, and using the stolen code, Microsoft became legally responsible. Not morally, assuming they didn't know anything about the code theft (and they would have had to be bloody stupid to buy the code if they had known it was stolen).The same principle that allows the BSA to make a company pay big time if an employee, with or without knowledge of his superiors, uses pirated software.

  7. Re:Disagree by hairyfeet · · Score: 4, Insightful

    Not to mention everyone seems to forget Gates' main contribution was to calm a spooked market that was filled with "Is this the death of Apple?" articles that had investors spooked and developers abandoning the platform. When gates came out and said "We will have not only Office but a division working on mac products because we think it has a future" the investors said "hey, if Gates thinks there is money to be made, maybe there is" and the same thing happened with developers.

    Remember folks it didn't have squat to do with the money, jobs could have pulled 150 million out of his ass. What mattered was WHERE the money was coming from and WHO was investing it. At the time Win98 was everywhere and WinNT was pretty much THE business OS, so to have its CEO say a company has a future, well that was good enough for many.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  8. Re:The Worlds Most Valuable Company by sydneyfong · · Score: 4, Insightful

    What's wrong with people valuing better design?

    --
    Don't quote me on this.
  9. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  10. Sort of like Supervillains by 10101001+10101001 · · Score: 5, Insightful

    Well, yea, it's sort of a repeating story. Businessman creates a conglomerate empire, too often through dubiously ethical means. Later on, either through guilt or through boredom, the power that's acquired is used more towards philanthropy or just rots in a vault somewhere because the purpose was never the power itself or to wield it but the challenge to acquire that power in the first place and how to use it. Of course, that's just a caricature of the situation, and it's silly to label such people as one-dimensional supervillains.

    But I think the point stands that as much as we can be happy that, say, philanthropists do go out of their way to spend their money for the benefit of others, we often turn a blind eye to the fact that government trivially spends more and does greater pragmatic good (health care, paid or manditory, and food programs come to mind), often again through dubiously ethical means*. And not being one-dimensional, I don't think it reasonable to label a person "good" or "evil" in a one-dimensional sense. Certainly, it's hard to think of any one person as a stellar example of perfection in some area. But, then, that's fine. I certainly don't expect as such. That's just hyper projecting and distorting actions, as if there needs to be some level of Godhood attributed to people to have respect or disrespect for their real actions. I think it's enough to just appreciate reality as it is.

    *As much as I'm all about freedom and choice, I think it a bit dubious to pretend that business always gives you choice and government does not. A business that dumps toxic waste into a shared river certainly isn't giving you a choice. Neither is a business who, having undercut the competition, has decided to grant you such a pitiful wage that it's neigh impossible for many people to save enough to move away. Thankfully, government has been forced to step in and take away some of these evils. And that's the point, in fact, that the vast majority of people deciding to force actions, even if it goes against the freedom of a few, might be the right and ethical thing to do. It's not a matter of "might makes right", as certainly democracies are just as capable of and have harmed minorities in the past. The point, then, is the matter at hand heavily determines how ethical the situation is, not simply waving a hand about the mechanism and entirely ignoring the consequences. So, while I don't embrace at all the idea of government nosing itself into every bit of what would be great freedom, I think it crazy to call for anarchy just because government makes things worse at times; no system is perfect, which is why you have to actually weigh what's actually going on and not just hand wave in a one-dimensional sort of way.

    PS - Thank you very much for the links. Your two examples are very much good examples of the point, as of how different Andrew Carnegie and John Rockefeller were.

    --
    Eurohacker European paranoia, gun rights, and h
  11. Re:Disagree by zzatz · · Score: 5, Insightful

    Apple does what it does very, very well, but innovation is not the correct word for it.

    Innovation is doing something for the first time. Granted, Apple does have patents, as do most successful technology companies. But those patents, those actual innovations, are not what the public associates with Apple.

    Apple is known for being the first to do something well. Not the first to do it, not to invent it, but the first to do it well. That's not innovation, that's called execution. Execution may well be more important than innovation. It's worth celebrating, it brings in lots of money, it's the key to success.

    Xerox PARC innovated like crazy, but executed poorly. It took other companies, such as Apple, to take Xerox's innovations and turn them into successful products. Ethernet was an innovation that was limited to the niche of Xerox-only networks until Xerox teamed with Intel and DEC. Intel executed well, making chips that made Ethernet affordable. DEC executed well, incorporating Ethernet into nearly all of their products. 3Com and Novell then took it into the PC market. That's the difference between innovation and execution. Xerox innovated. Intel, DEC, 3Com, and Novell executed Xerox's innovation well.

    Apple is very good at recognizing when the time is right to meld multiple innovations into a product. They don't need to be their own innovations. In other words, Apple excels at product development rather than research. The issue is muddled because most companies and the press usually lump the two together as R&D, but innovation comes out of research rather than development.

    Apple does many things well, you've pointed out some of the things that Apple does well, but you've used the wrong word to describe it. You aren't the first and won't be the last to misuse the word; advertising agencies and marketing departments misuse the word daily.