German Court Upholds Ban On Push Email In Apple's iCloud, MobileMe

suraj.sun writes "A German regional court Friday backed an earlier court decision that banned Apple from offering push emails in Apple's iCloud and MobileMe services in Germany, granting Motorola Mobility a victory in a global patent war among several technology companies. The Mannheim regional court also said Apple must pay damages to Motorola Mobility, but didn't specify the amount."

Comments

another sad example

[hyanakin]

... how copyright and patent law holds back progress and stiffles competition -- all on the back of consumers.

Re:another sad example

[moronoxyd]

What has a patent dispute between Apple and Motorola to do with politics?
(Note: since both companies are American, this isn't even protectionism for the native industry.)

Re:another sad example

[Anonymous Coward]

This!

How exactly do customers benefit from not having push emails in iCloud and MobileMe? Or, for that matter, from not having a cool slide-to-unlock on Android? They aren't. Logical consequence: These companies are not acting to serve customers anymore (no, I'm not cynic enough to declare that a premise).

On a side note, I'm starting to think like this: These companies chose to fight a patent war, so they have lost any justification for missing features. Ex.: Apple chose to fight a patent war, and missing push emails is a consequence of that, so Apple is to blame for missing push emails, not Motorola Mobility. Likewise, Google is to blame for missing a cool slide-to-unlock, not Apple. "We can't to that because of patents" isn't an excuse anymore when you start bullying others with patents.

Re:another sad example

[Anonymous Coward]

Maybe so. But it's a great example of how a newish company shouldn't get into legal pissing matches with companies that have been around FOREVER and all but invented all the technology we use.

Apple has been what you could call a 'dickwad company' since woz left. Lawyers first. Talk second. They got some real lucky breaks with their latest ifad everything. But long term that alone wont cut it. And suing everyone won't either.

It's not suprising that attitude has come back to bite them in the ass. They have no goodwill left from anyone except their own users. And they seem to be trying to kill that too every chance they get...

Enforcement?

[rusty0101]

This is the suit that Apple has attempted to end run the penalty by filing suit in the US against Motorola asking the courts to prevent Motorola from enforcing the ruling in Germany. The question I have is _in Germany_ who enforces court rulings? The petitioner, or an agent of the court?

It may be that since damages Apple must pay to Motorola are unspecified at this time, that the court in Germany may hold off on specifying them until the case in the US is decided. After all if the only penalty that Apple can declare has been adjudicated in Germany is that they can't offer the service without getting a patent licence, that may be all that the court in the US says they have to do, and there is nothing in the filing that is preventing Apple from doing that. If Apple seeks a license from Motorola, then Germany has a basis for declaring damages based on the negotiated license requirements.

Re:Enforcement?

[Shoe Puppet]

The question I have is _in Germany_ who enforces court rulings? The petitioner, or an agent of the court?

Normal court rulings are enforced by the court itself, injunctions have to be enforced by the petitioner via a bailiff, according to de.wikipedia.

Re:Enforcement?

[Dupple]

That was Microsoft that was attempting the end run

http://allthingsd.com/20120411/microsoft-says-ruling-in-motorola-case-will-prevent-an-injunction-at-least-for-now/

Re:Enforcement?

[Rich0]

Well, the parent mixed up two cases I think, because the end-run was actually done by MS.

However, let's ignore than and suppose that it was Apple. Nobody is questioning that the German court is able to enforce its injunctions, but only that such enforcement is likely to have little practical effect on the company it is issued against. The most the German court can do is block all imports of Apple products, and seize all Apple assets they have control over. Then all the US court has to do is have Motorola reimburse Apple for those losses in the US, and since both companies have more assets in the US than in Germany, in the end Apple comes out ahead despite losing the case in Germany.

This isn't unlike Slashdot geeks getting worked up about the RIAA and declaring that they're going to boycott any music purchases. The RIAA just yawns at the resulting 0.01% loss and keeps collecting their 99 cents/track while suing the parents of teenagers.

Now, again, the US case didn't involve Apple, so none of the above is actually going to happen. It is probably worth noting that inside the German market the actions of the German court certainly will have quite visible effects regardless.

Re:Ob

[Anonymous Coward]

Anyone else read that as Putsch email?

No.

Re:Bye Motorola

[icebraining]

If you don't buy phones from companies that have sued over patents, I'm pretty sure you'll remain phoneless. Unless you get an openmoko or something similar.

Patents are not property

[Cigaes]

Please refrain from using words as “thief” when writing about patents. Patents are a temporary monopoly awarded in exchange for publication of an idea. They have nothing to do with property. An idea can not be stolen. Using that kind of vocabulary only makes the patents and copyright's advocates' game.

On the other hand, you are perfectly right to underline that these kind of patents are ludicrous.