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Woz Fears Stifling of Startups Due to Patent Wars

An anonymous reader writes "Apple co-founder Steve Wozniak says that Apple and other tech companies' patent hoarding could prevent entrepreneurs doing the same thing that he and Steve Jobs did in starting a computer company in a garage. Woz also says the jury is still out on Tim Cook as the right CEO to lead Apple forward after Steve Jobs." He still gives Apple a bit of a break: "'Apple is the good guy on the block of all of them,' he says. 'It is creating so much and is so successful and it is not just following the formulas of other companies – [Apple is] totally establishing new markets that didn't exist.'"

32 of 300 comments (clear)

  1. And they will probably declare him a nut by Nyder · · Score: 4, Insightful

    because it goes against the corporate way...

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    1. Re:And they will probably declare him a nut by symbolset · · Score: 4, Insightful

      We are all aware that patents do this, and it's not an accident. This is what patents are for.

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  2. Patent Warchests - not just for the big fights by Fluffeh · · Score: 5, Insightful

    Of course patent chests are there to stave off the attacks of other massive companies - heck, look at the Facebook response to Yahoo's patent attack - it snaps up a quick 800 patents and uses the new ones against yahoo in retalliation - but they are also used (probably much less noticably) to swat at the small flies that the big boys want to get rid of.

    What better way to make some easy cash, when a start-up has a good idea, point out that your patents invariably make their product "infringe" then come out with their product under your own name - and possibly use your new patents to broker another settlement with some other big player in THEIR new emerging technology.

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  3. [Apple is] totally establishing new markets that by Anonymous Coward · · Score: 5, Funny

    you bet. an entire industry of lawyer specializations!!!

  4. Different Business Model by Anonymous Coward · · Score: 5, Insightful

    That's why most startups don't do real business anymore: their model is to hype an idea and be bought up early, by a large corporation with its own protective patent portfolio.

    1. Re:Different Business Model by eastlight_jim · · Score: 4, Informative

      That's why most startups don't do real business anymore: their model is to hype an idea and be bought up early, by a large corporation with its own protective patent portfolio.

      Topical case in point: Facebook buys Instagram photo sharing network for $1bn. Instagram was launched in 2010, has 13 employees and has just been bought out at a minimum rate of around $30 million per employee per year. That's an astonishing yield and all without actually taking the business to the full term.

    2. Re:Different Business Model by aaaaaaargh! · · Score: 5, Insightful

      This deal is insane. The next Internet bubble is going to burst soon.

  5. What break? by Jeeeb · · Score: 4, Insightful

    He still gives Apple a bit of a break: "Apple is the good guy on the block of all of them,” he says. “It is creating so much and is so successful and it is not just following the formulas of other companies – [Apple is] totally establishing new markets that didn’t exist."

    I'm not a huge Apple fan but that seems pretty much true to me. They weren't all 100% original (what is?) but iPod, iTunes, iPhone and iPad have pretty much all created new markets or massively expanded existing ones. I mean I can't remember seeing rows of tablets on sale at my local electronics store prior to the iPad but now every company and his dog seems to have a tablet product. In fact the only tablets I remember hearing about before the iPad were laptops with touchscreens and huge price tags slapped on."

    1. Re:What break? by countach · · Score: 4, Insightful

      Yeah, relative speaking they're "good". Relative to Bill Gates and his mob, and relative to a lot of other stuff that goes on in corporate America. Even so, they play pretty hard ball, and don't think twice about rolling over their developer community if it suits their supposedly higher purpose. And they're playing pretty hard ball in squashing the incumbents in books, music, magazines, newspapers, film, apps, etc etc. I guess some of those guys deserve to be squashed, but still its going a bit far saying Apple are pure good guys.

    2. Re:What break? by Anonymous Coward · · Score: 5, Insightful

      Apple finishes their products though (some use the term polish) unlike many other manufacturers. HTC/Samsung and the rest of the makers of smart phones and electronic gadgets have a tendency to rush things to market and just throw them out before they are complete. They are often not very well thought out and have major bugs and glitches or poor performance in comparison to Apple products.

      Like my brand new Galaxy Nexus for example had a glitch where the sound would randomly go up and down, then they fixed that and now the phones connection is intermittently lost, to top it off the camera and speakers suck both hardware and software wise in comparison to the 4s iphone's. All that was needed was a little more time to iron out the bugs and add some polish, but typical big manufacturers just simply can't or choose not to do so.

      While I dislike Apple's products due to the lack of options, such as a larger screen, removable battery etc.. you simply have to admit they spend an awful lot of time and care on their products to make sure they are polished and the major bugs are worked out.

    3. Re:What break? by drcagn · · Score: 5, Insightful

      You're thinking too much like a techie. Regardless of whether the new market was carved out of excellent tech or excellent marketing, Apple is still carving new markets. If the iPad didn't exist, do you think the tablet market would look anything like it does today? No? Then Apple pretty much created a new market.

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    4. Re:What break? by CoderExpert · · Score: 5, Insightful

      Despite the perceived "fanboyism", there is some truth in that too. I used to think Apple users were huge fanboys before. But this year I got MacBook Air and despite some quirks like different keyboard layout (I'm used to PC) and Finder trying to hide much of the file system, I am quite impressed with it. It is very polished, and despite the GP saying that Apple doesn't innovate, I haven't for example seen multi-touch trackpad in any other laptop. It makes a great difference. The quality of it is also much better than I have used before, as is screen and audio quality (I always wondered why my headphones sounded like shit with my old laptop even while it cost 3000 dollars!).

      The overall product is very finished. On top of that you get a nice UNIX system on the background and tons of apps that come with it. For example Automator and the system-wide services menu for your scripts make a HUGE difference.

      And of course, there are also many commercial games available for the platform and now that Steam is too, there should just be more. Linux just cannot compete that. Even if you are a geek, OS X is a very good choice, as it's pretty much what Linux on desktop should be.

    5. Re:What break? by Ryanrule · · Score: 5, Insightful

      I expect this to go away. This sort of perfection was the result of a giant cock up top who could say, "X is not acceptable, fix it, no alternative." Your average exec is an mba, who all about cost vs reward. Not the engineering mindset of X or nothing.

    6. Re:What break? by slippyblade · · Score: 4, Insightful

      You haven't seen multi-touch trackpad in other systems because of... PATENTS!

    7. Re:What break? by ccguy · · Score: 4, Interesting

      Like my brand new Galaxy Nexus for example had a glitch where the sound would randomly go up and down,

      I wrote about this in my amazon.co.uk review, was instantly voted "not useful" by a lot of people. Other reviews mentioning shininess are of course "most useful".
      Don't know if it's a legion of astroturfers, fanboys, or just other buyers who have a hard time admitting they made a bad purchase.

    8. Re:What break? by Gadget_Guy · · Score: 4, Informative

      Wait, so did Apple innovate or not? How did they get that (supposed) patent if someone else had done it before?

      It is called acquisition. They purchased the company Fingerworks for all their patents.

    9. Re:What break? by ghostdoc · · Score: 4, Informative

      Patents don't prevent you from using a technology, they prevent you from using a technology royalty free.

      ...unless the patent owner refuses to grant you a licence at any price, which is entirely within their rights.

      for some patents, in some circumstances, when specified by government or courts, you can force a patent holder to grant licences, but otherwise it's entirely up to the patent holder whether they let you use 'their' technology and at what price.

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    10. Re:What break? by Gadget_Guy · · Score: 4, Informative

      The only tablets I remember before the iPad were laptops with touchscreens.

      There have been plenty of tablets before the iPad. Even Apple had a model that predated the iPad.

      A polished convergence of the touchscreen PDAs and cell phones, without a stylus.

      So in other words quite original.

      Not really. The convergence of PDA and phone had been done before, by Nokia in 1996, Microsoft in 2000 and Handspring (later Palm) in 2002. You could argue that it was the iPhone interface that made it so original, but if you compare the screenshots in the picture above you will see that it is not much different to what they had in the previous decade.

      But it was sleek, slim, nice to use, and integrated with iTunes.

      The wheel interface was definitely original, but iTunes didn't appear until the third generation iPod, two years later.

      What market did Apple create, other than the App Store, again?

      Basically all of the above plus iTunes.

      Well, I'm not sure about the other things you mentioned, but you have to give credit to Apple about iTunes. While it wasn't the first download-music store, they had the weight to bully the labels into playing ball, with low prices and (eventually) DRM free tracks. The integration with their devices was great, although it was a step backwards not being able to just drag and drop your music files onto your computer without installing the iTunes software. I do miss that feature that I had with my $20 MP3 player!

    11. Re:What break? by Pieroxy · · Score: 4, Interesting

      If you really waste your time writing reviews for Amazon for free, you've got nothing to do here pal. These things are nests of armies of paid-for "moms" and "dads" writing nice things for the products they're paid to write nice things for. Any second spent trying to "crowd-source" those reviews is a second of your life that you'll never recover. And it will benefit no one, except those reviews farms.

      I know, I work for a big e-commerce website.

    12. Re:What break? by CAIMLAS · · Score: 4, Interesting

      Asus has been making superior hardware which Apple can only envy for at least several years now. Look at their Zenbook: it's basically a punch in Apple's face, being faster, lighter, thinner, and having better battery life than the Macbook Air - all while having a larger display (11-14" I think) and starting at about $950.

      As for "nobody else does it": Apple hasn't done much which really stands out when compared objectively, it's only with the loud cloud of Sales and Marketing that anything they make seems like it's something. Ape Store? iTunes SaaS and software distribution channels weren't anything new then, either. Off the top of my head:

      Pkgsrc and BSD Ports have been around for some time - mid 1990s, I imagine. Debian's APT has been around since 1998. I remember using it in a modified form for my Zaurus, via a GUI installer, in 2001. Granted, iTunes came about in 2001. It was several years behind Napster, offering music with a price tag and a brand name. Steam has been around since 2003 and was installed on pretty much every gamer's PC, and offered much more of a comprehensive unified store than App Store did at first. The App Store didn't debut until 2008. It basically does the same things as all the above do, but with more of an Amazon.com-meets-Walmart feel: a large inventory but you pay by the byte, with dollar ringtones, discount movies, and cheap shareware bins.

      Apple is by no means a leader here. They're an integrator with strong marketing/sales proclivities. That leads to broken promises, people believing lies, and people accepting less due to false expectations.

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    13. Re:What break? by silentcoder · · Score: 4, Interesting

      That's the problem with patents of course, a fundamentally wrong belief that innovation happens in isolation and is done by any one person/entity.

      Here's a little story. Around mid-2005 I was working on what would become the openlab 4.0 release. Under pressure from my paying customers I had to find a way to build the most robust and easy to deploy thin-client network-computer server with easy-to-use desktop Linux possible.

      At the time Linux came in installable-disk and live-CD versions - and ne'er the twine did meet. Ubuntu indeed had promo packs for their first release (came out about a month before OL4 was released) with TWO CD's in - one live, one installable.

      Then I had a flash of brilliance. What if a live CD could replicate itself onto a hard-drive, you would have a faster, more reliable and more predictable way to install linux, with much more ease of use on top of all the other live CD advantages.

      You may notice that practically ever linux distribution in the world today works this way - an instalable live CD. But when I did it for OL4.0 I had never seen such a thing before.
      Apparently I invented the modern Linux distribution - because a year later every other distribution had followed suit.
      But OpenLab was a fairly niche system - aimed at education and mostly deployed in schools, it had very little impact outside that sphere.
      By the end of that year I saw PCLinuxOS for the first time -and they were the second system I ever saw using this mechanism. The thing is... they may have actually done it before I did.

      I have no idea which project did it first, mine or theirs. I have no idea which one was then first copied by a major distro (of 2005) and laid the groundwork for everybody else following suit (odds may well be on them but it's hardly proven).

      Point is that a major innovation in Linux distributions was achieved practically simultaneously by two disparate projects neither of whom was aware of the other's work. The same thing happens with all innovation - ever. It's always just the next logical step in the progression and there are always several people who have it.

      I'm proud of having been a first person to do something that is now standard fair. But I don't think I ever deserved the right to patent the idea or charge for the concept - if only because somebody else was doing the exact same thing at about the exact same time without us knowing about each other's existence yet.
      Innovation ? Encouraging innovation ? Stupid concepts.
      Innovation is an unavoidable consequence of the state of history at any given moment. It cannot be encouraged or indeed inhibited, the only thing stuff like patents can achieve is to make the results more expensive and cause them to take longer to reach the market penetration they deserve.

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      Unicode killed the ASCII-art *
    14. Re:What break? by silentcoder · · Score: 4, Insightful

      >What market did Apple create, other than the App Store, again?

      Wait... you mean a curated software source with automated installs for ease-of-use, quality control and malware protection ?
      Linux had that in mid-1990s.

      --
      Unicode killed the ASCII-art *
  6. Re:Oh Please ... by Anonymous Coward · · Score: 4, Informative

    Like the DLNA open-standard, then Apple creates lock-in with its proprietary 'AirPlay' instead.

  7. Collective Amnesia by Anonymous Coward · · Score: 4, Insightful

    Everyone is going to forget about how apple tries to stop everyone with vague patents: lock screens, touch screens, tablets, launching applications by touching icons.

  8. Yep by Anonymous Coward · · Score: 4, Interesting

    I'm trying to do the indie developer thing and I know that after these years of working full-time on a product with an upcoming initial release, the biggest threat to me isn't product failure but a frivolous patent suit burying me and likely making me give up the results of all the thousands of hours I've invested. I still plan on releasing this particular product, but the extensions and off-shoots I'll write for it will either stay private (and I'll make my money in a completely different field) or I'll end up moving to another country without software patents. It's shitty that the U.S. patent system is basically set up to force non-rich people to work for others (and thus have some indemnity), or pair up with lawyers to become pure patent trolls. In my worse moments, I've considered the latter as a sort of "this is what you've turned me into!" revenge fantasy.

  9. Re:Oh Please ... by Anonymous Coward · · Score: 5, Insightful

    Um... you do realize that AirPrint support is built in to most recent linux distributions, right?
    Apple implemented it in CUPS 1.4.6 (and you can get it running on earlier versions with a little work, since it's mostly just combining a few existing standards).

    But why let facts get in the way of apple bashing.

  10. The patent system encourages this behavior by Skapare · · Score: 5, Interesting

    As long as we have a patent system that blindly issues a patent to damn near anything applied for, even though there's no real innovation involved ... e.g. stuff that the best engineers/programmers in their field could do without much effort if given a task that needs it, then we'll be having these wars. Patents need to be limited to the kinds of innovation that that we simply would not have if the applicant had not figured it out or spent the extensive effort and cost to come up with it.

    Fundamentally, patents are themselves a government sanction theft of intellectual property from those that invent it, just because they didn't invent it first. Only because we can't know whether someone did invent it, or did steal it, do we justify a patent (which is really nothing more than government sanctioned exclusivity). But our patent office is not working to filter genuine innovation from trivia ideas. A few years ago I scanned over some random patents, selecting those in areas I happened to know, and found that the vast majority were easily doable, and not innovation. The ratio was around 500 (junk) to 1 (innovation). This was one sampling, so that can be off. I only used higher numbers spanning about the last 5 years at that time.

    So it's not really the corporations doing this. They have to react this way under such a system, or end up being a loser. This is why we need an epic-major overhaul of the patent system itself, and not some minor tweaks that politicians have paid lip service to.

    I have written more detail about this recently here.

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  11. Oh, nonsense. by SecurityGuy · · Score: 4, Insightful

    Apple's savior is an MP3 player. They didn't invent the market, they just made it shinier than it was before.

    If you've read Jobs's bio, he was ready to go nuclear on Google over Android, so yes, Apple's just as ready as anybody else to pound you into sand if you dare try to make anything resembling their products. Apple is not a good guy. If you love Apple products, they're just YOUR bad guy.

    Finally, few people are qualified to tell whether the newly appointed head of a half TRILLION dollar company is going to be successful. Woz is probably more qualified than I am, but not by much. Tbh, I truly believe the only people who are really qualified to know are living in 2017, if not 2022 or so. Ask one of them.

  12. Re:Oh Please ... by Anonymous Coward · · Score: 4, Informative

    I don't think he was attempting to list it in chronological order, the point still stands: Google creates something and releases it freely, Apple creates something and locks it down. Airprint/Cloudprint isn't a good example, but DLNA vs AirPlay is, they could have used DLNA and allowed interoperability with existing devices but instead they deliberately prevented it by creating a proprietary, closed competitor.

  13. The market for all of them. by aussersterne · · Score: 5, Insightful

    You say yourself that there was no market because they sucked.

    Make things that don't suck, and the market emerges.

    Look, I get tired of the mindlessness of the Apple critics.

    I was a smartphone user for years and held off for two years on getting an iPhone once iPhone was released because I was sure that it couldn't be that much better, that it was all hype. After all, I already HAD a smartphone that I was completely satisfied with (a high-end Treo).

    Boy did I feel stupid when I finally got my first iPhone (a 3GS, some months after it had been released). I realized that I had been walking around using a Treo when I could have been about 10x as functional and connected on the go using an iPhone, which was a device in a completely different *universe* if you actually wanted to get stuff done with your phone.

    Listen, everyone *knew* there was no market for tablets before iPad. That was exactly the critique and it was spot-on. But Apple executed so well (and at half the price that people had imagined) that they CREATED a market out of whole cloth. Hell, half the people on Slashdot still argue that the iPad market is non-existent and will dry up just as soon as people "wake up" and realize that the device they're using is... I don't remember how the argument goes, exactly. Useless? Overpriced? Stupid? Whatever. I dont' care. The market didn't exist until iPad.

    Listen, in 2007 I was a hardcore Linux user. Slackware 2, 3 -> Red Hat 4, 5, 6, 7, 8, 9 -> Fedora 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. I walked around with a Treo. I was one of the few tablet users with a Toshiba Portege m200, an upgrade from the separate Thinkpad T-series and Vadem Clio tablet team I'd used previous to that.

    In 2009 I finally grudgingly tried an iPhone and a day later had one of my own. By 2010 I was all Apple with an iPhone, an iPad, and a Macbook Pro. It's not because I'm an apple fanboy. I *was* a Linux fanboy and an irrational Apple critic, and I realize that only in retrospect.

    Maybe you don't like Apple products, but to question whether or not they created the market for capacitive touch low-button smartphones or capacitive touch tablets that run a mobile OS? That makes you sound like an irrational Apple critic of the same sort that I was.

    Apple makes fabulous stuff. They are *not* the Apple of 1997, but most Slashdot Apple critics don't realize that because they're steadfastly trying to convince themselves either that (1) Apple is incompetent at everything but marketing (despite a decade and a half of growth) or (2) Apple is the second coming of Microsoft (who was never, ever as creative or innovative on their very best day).

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  14. Re: [Apple is] totally establishing new markets th by CAIMLAS · · Score: 5, Informative

    Precisely.

    Woz's biography (I don't remember which one it was, but it focused more on the early days leading up to the Apple II and Lisa and had Captain Crunch/Draper and Jobs' drug use and partying featured fairly prominently), as well as The Cuckoo's Egg (Cliff Stoll) and The Happy Hacker, were pivotal to my formative years as a technologist.

    His statements here don't really make sense, within the context of the autobiography. It was written in the late 1980s or early 1990s, and I read it right around when OSX was making its emergence (it's not on Amazon, afaik), so it didn't have the color of the iRevolution (gag) to falsely tinge things sepia.

    Frankly, I can't help but think that the statements in the biography I read were right: something crucial in Woz's brain burnt themselves out when he made the Apple II. He obviously is not paying attention to the changing

    Apple hasn't done anything "first" or creative since they first released the iPhone. Yes, the iPhone was quite a jump over what existed at the time, and it was precisely in the direction that people wanted to go. However, it wasn't as capable as many devices on the market at the time in both computing capabilities and audio capabilities (and the i* products still aren't, in any way, better).

    Apple software in particular is lacking innovation (since at least 2007). We have osX which is still lackluster at best at context switches (still, after over a decade with negligible improvement) and is removing functionality in leaps and bounds (using a butchered and buggy Microsoft stack for SMB/CIFS and butchering the cups project? seriously, is that what passes for innovation?). This butchery will only be surpassed by Windows 8 in recent memory. iOS is positively crippled compared to Android, with some of the most frustrating UI inconsistencies and shortcomings in capabilities (eg. map navigation which is rivaled by a 7 year old in-car Garmin; killing downloads if you switch to something else). iTunes is now a fractured by platform as well, with tablets not being able to re-download games and apps someone has already paid for on their phones. The hell?

    The hardware in the workstations is, admittedly, nice: but aside from the incrementalism of the 1990s which ultimately failed them until they switched to x86, how are they distinguishing themselves today in this department? Bigger, brighter, and more expensive displays with "Thunderbolt" technology - a technology which Apple (and Intel, for whatever reason) have let completely languished for the year and a half that it's been out, turning what has absolutely awesome potential into a completely proprietary display interface which offers nothing but cost over HDMI (or for that matter, DVI, really). The lackluster nature of iOS has done the same with the iPhone and iPad: no true multiprocessing? No contextual use with peripheral emphasis? No WiDi or similar?

    ("But Caimlas, you asshole", I'm sure someone will say. "We have jiggapixel retina displays!" Yes; yes you do - you also pay for that with horrendous battery life, despite the meager 3.5" display on the phones.)

    Sorry. Woz has lost the plot and is not paying attention. Apple has done some absolutely fantastic things since 2000. They've made great progress, pushing other companies to innovate and copy, and have shown even greater potential. And then, the innovation stopped: they started to be litigious bastards at almost precisely the same time.

    I would personally love for Apple to come back as the company they were in 2005, when they were kicking ass and taking names. We'd see a lot of cool things happening. But since roughly the time of iTunes, there hasn't been much other than market daring with the iPad to come out of their company I'd consider even remotely 'innovative'. The more I have to deal with Apple products in a support role, the more I feel like they're not even giving their hardware software enough development attention to keep them running stable, with some serious engineering problems that make Windows-self-clobbering-via-antivirus seem benign.

    Very disappointing statements from the Woz.

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  15. Re:Woz and Jobs by Anonymous Coward · · Score: 5, Insightful

    Street Smarts is a nice way of saying Snakeoil Salesman.