Sale of Galaxy Nexus Banned in the US
New submitter busyqth writes "After the injunction against the Galaxy Tab 10.1 earlier in the week, A U.S. district court judge has now also granted an injunction against the sale of Google's flagship ICS phone, the Galaxy Nexus. Is Steve Jobs laughing in the great beyond? Is this the beginning of the end for Android?"
Two blows to Samsung in one week, and now the FTC is investigating Google for misuse of Motorola Mobility patents in relation to RAND standards.
And I once walked into a store and banged down hundreds of dollars for an iPad only to find once I got it home it was a Samsung Galaxy tablet. Perhaps the words on the box, the different software, the different colour, the different interface should have tipped me off, but heck, they were both RECTANGULAR with a BUTTON.
So judge Koh is protecting poor people like me, who desperately want an iPad but accidentally buy a competitor that out powers it, out functions it, comes in a wider range of varieties and is developing faster than it.
Incredible to think a single person can do so much good for the world and all without any bribe money!
Slide to unlock? Unified search bar?
I wonder, do the engineers and techs working at Apple feel ashamed all this trolling?
I know it's management and legal who make the decisions, but still...
"I've got more toys than Teruhisa Kitahara."
Well - pity for those in the US, they wont get the new stuff now...
Fortunately the rest of the world can enjoy all those things that are forbidden in the US. Seems the US is no longer the place to get your new stuff.
Now I am the last one to say anything about the quality or something, but at least the rest of the rest of the world has a free choice.
. . . you need to engage your legal department, if you are big enough to have one, to verify that the product won't get bogged down in long, drawn-out, legal battles.
It used to be that the work in the lab was most important. Now work in the legal department is more important than R&D.
Sad.
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
"Is this the beginning of the end for Android?"
Don't be so fucking stupid.
"Is this the beginning of the end for Android?"
No, it's the beginning of the end for Apple.
Stuff like this makes me want to buy a Samsung device right now, simply out of spite for these agressive, bullshit patent practices that limit competition and my choices as a consumer.
Also, I have this built-in genetic disposition of always wanting to support the underdog.
No, but it is somewhere in the middle of the end of the USA as a technological leader.
Fuck Apple. I hope Apple dies a horrible death.
Survey says:
I just wonder if things would work better if Apple Corp. might deign to share the color black with us mere mortals, who have to put up with non-black smartphones with razor sharp corners (sometimes with greater or less than 4 sides!).
I'm not a lawyer, but I play one on the Internet. Blog
Geez is there any reason not to address him that way, his legacy is becoming that of some evil villain that has triggered a doomsday device full of lawers. It strikes me that the US is becoming less and less relevant ... as the Google IO showed, it is the third world countries that is where most of the action is happening.
I dunno about the rest of you, but I'm getting a definite scorched earth feel these days. The patent Cold War is over. The Patent Hot War is now on. Sadly for the general sentiment around here, it's unlikely that anyone will do anything to fix, dismantle, or otherwise create a permanent solution to the problem of patents in general. Why not? Because these wars are going to create patent lawyer dynasties. We're talking Rockefeller money here. We're talking "Excuse me, Mr. Carnegie, but you're going to have to shift down at the table at the Old Boys Club to make room for Messrs. Dewie, Cheatum, and Howe." Laws are created by lawyers. As far as they're concerned, they've already 'fixed' the system perfectly. In every sense of the word.
Please explain to all your non-techie friends and family what Apple is doing, and why they shouldn't ever touch any Apple product until they change their way.
It's very easy, I already prevented sale of a at least a few iphones.
Disclaimer: I'm not working for Google, Samsung or any other mobile related company. I'm just disgusted by Apple, and boycotting is the only way to stop them.
EVERYONE I know with an opinion on this topic is getting put MORE off Apple devices by it than on. I work on a floor of 40 nerds / gadget freaks, there is only 3 iphones left and 2 of those users intend to switch to Android as well.
Apple are doing themselves no favours at all.
Watch out. Fuck the iphone. Windows Phone is the futucha
While not letting people rip off your ideas has merit, what does not have merit is using the courts to "compete" against your competition. But, we as consumers will not act to correct the behavior of companies acting this way by not buying their products when they behave badly. We will just sit back and hope things get better. Kind of seems exactly how we also deal with politics...
When are we going to get some goddamn patent reform???
This is like Chevy suing Toyota because people would buy more Chevy cars if Toyota wasn't selling a similar product. "They use a wheel and foot pedals to control their vehicles. We use a wheel and foot pedals. That's our thing!"
Ya know what? Fuck Apple. Fuck them right in their stupid asses. I was seriously considering making the switch back when they get an LTE iphone (paying full retail to retain my unlimited data plan and an ETF), and pick up a retina MacBook and iPad because they're freakin' gorgeous displays and it will be a year or more before anything like that hits the Android/Windows market and I'd have everything under one roof and this sentence is really long. But if this is how Apple chooses to "compete", fuck 'em. I'll wait for less litigious companies to catch up.
And that's what makes this so damn stupid. The competition is a year or more behind apple in just about everything (except data speed on phones). First to market with a consumer-friendly smartphone. First to market with a retina display smartphone. First to market with a high res tablet. First to market with a high res laptop. It's not enough for Apple to be the first up the mountain, they've got to hang their asses over the edge and shit on everyone below them.
Apple was ordered to post a bond of $95 million to enact the injunction, which would be used to pay Samsung damages if the decision is later reversed.
I'm really getting tired of tech news consisting almost entirely of mobile device manufacturers suing each other over patents for general concepts and design principles. Technology progresses and consumers benefit when ideas and concepts can spread. This isn't the same as, say, drug development, where millions of dollars go into R&D, and that massive investment must be recouped to protect innovation. These are just relatively obvious ideas where the real work is in the implementation, integration and promotion, not in dreaming up a UI concept.
Maybe this would be a good place to mention the EFF's new campaign to reform software patents?
This sentence isn't true: "A patent troll is a non-practicing entity"
A patent troll is abuses the incompetent system within USPTO to gain financial advantage, sure they mostly don't make things (why bother when its easy money), but some do, and Microsoft and Apple both make things AND are patent trolls.
So in Apple's case they patented research of others that they used in the iPod Touch, and claimed to have invented it:
http://www.businessinsider.com/and-boy-have-we-patented-it-2010-3
I think they just saw Han's work, myself, rather than go back and copy the CERN work from the 70's which covered the same slide, pinch etc. gestures.
http://www.ted.com/talks/jeff_han_demos_his_breakthrough_touchscreen.html
You can't really blame them, the USPTO has showed it will issue patents to anyone for things that aren't inventions, to people who didn't invent them, and for things that are obvious (and in some cases industry common practice at the time), and of course there will be roaches that come out and feed on this feeding opportunity.
"Defending your patents doesn't make you a patent troll. "
Once you get your USPTO issued joke patents, defending them with a straight face IS PATENT TROLLING. The art is to not laugh when you tell the judge how you invented these things.
Apple were first to commercialise them, but mouse-driven graphical user interfaces were first seen on the Xerox Alto.
You hate Apple because they required you to update your operating system when you installed a new development kit?
Seriously?
If thats enough for you to hate a company, then you may want to look at anger management classes.
Best of luck with iPhone development on Fedora then.
I don't understand why you believe Apple can be placated with some design tweaks and different features. Do you work for Apple or something? You're literally the only person posting on this story taking Apples side. I work for Google and I've seen how my colleagues have consistently worked long hours to innovate and create new features. The Galaxy Nexus is an amazing phone. It's thin, and light, and doesn't even have any hardware buttons on the front at all - yet Apple still are not happy. If you can't see why you're blind.
Apples goal is not to get competitors to "design around" their patents. This has happened several times already, the Samsung Galaxy 3 has even been called out by tech review sites for having a "lawyer approved design" (it's not rectangular, it does not have slide to unlock, etc). Apple keep coming, with newer and even more stupid patents, because their goal is not individuality, it is the utter destruction of all competitors. Steve Jobs himself said that in words so clear nobody can re-interpret them.
What's more, it's very hard to make an Android phone that doesn't share design elements with the iPhone these days, because Apple has copied Android many times in the past few years, for example, its notifications tray is identical to the design that first shipped in Android 1.0, and inferior to the one shipping in Jellybean. Android 1.0 also shipped with a universal search box and pluggable API for it, it shipped with suspend/resume multi-tasking that is extremely similar to the (very unique) design Android came up with, and so on.
apple did not invent the floppy drive
apple did not invent the mouse
apple did not invent the windowing operating system
apple did not invent the cellphone
apple did not invent the smartphone
apple did not invent lossy audio encoding
apple did not invent portable music players
apple did not invent the online music store
apple did not invent unix
apple did not invent digital typography
apple did not invent video chats
apple did not invent the laptop
apple did not invent the internet
apple did not invent hard disk drives
apple did not invent fiber optic communications
apple did not invent wireless networks
apple did not invent OpenGL 3d graphics subsystem
apple did not invent voice recognition
apple did not invent outsourcing
Apple was ordered to post a bond of $95 million to enact the injunction, which would be used to pay Samsung damages if the decision is later reversed.
But who will reimburse the consumers for the damages we suffer from having these devices temporarily off the market, if the decision is later reversed?
1 million phone activations a day isn't even close to the end for Android.
The diversity and expression of human opinion is essential to human survival.
Wonder over to your favorite search engine and search for 'apple xerox parc'
The first link is the wikipedia link (for me anyhow)
for http://en.wikipedia.org/wiki/PARC_(company)
Look under the Adoption by Apple section:
"The first successful commercial GUI product was the Apple Macintosh, which was heavily inspired by PARC's work; Xerox was allowed to buy pre-IPO stock from Apple, in exchange for engineer visits and an understanding that Apple would create a GUI product "
And:
"However, Apple's designs included quite a few concepts that were not part of (or were non-trivial advances to) the prototype developed at PARC. For example[6]:
The mouse was not invented at PARC, but by Douglas Engelbart in 1963, Apple's mouse was an improvement on PARC's version.
Unlike the Macintosh, PARC's prototype was incapable of any direct manipulation of widgets.
Unlike the Macintosh, PARC's prototype did not feature Menu bars, or pull-down menu, nor the trash.
Unlike the Macintosh, PARC's windows could not overlap each other."
Oh and about the Xerox lawsuit:
"The Xerox lawsuit was dismissed because the presiding judge dismissed most of Xerox's complaints as being inappropriate for a variety of legal reasons"
"The Xerox lawsuit was dismissed because the presiding judge dismissed most of Xerox's complaints as being inappropriate for a variety of legal reasons"
See http://en.wikipedia.org/wiki/PARC_(company)
and http://www.nytimes.com/1990/03/24/business/most-of-xerox-s-suit-against-apple-barred.html
"A Federal judge today dismissed almost all the closely watched copyright lawsuit filed by the Xerox Corporation against Apple Computer Inc."
You can sue for anything (in the US at least). Winning.... Whole different matter.
Same thing happened when I bought a car. Okay, I'm not a car expert, but I really wanted a Camry. Went to a Chevy dealer, they both begin with C and that confused me. Doors, windows, wheels, I could have SWORN I got a Camry. Boy, was I surprised when I got home and finally saw the GM logo on the key!
Apple is nothing but a litigious scam company - worse than Microsoft.
I very much doubt I will ever buy an Apple product. Not that Apple needs my business.
I cannot understand how anybody could sink so low as to buy from Apple.
This basically describes what Apple does in a nutshell. Shamelessly copy other people's R&D. Polish it a bit then commercialize it and call it their invention then sue others for being inspired by the products they release in the marketplace. Apple is true scum of the earth. The enbodyment of hipocrisy.
If the judge owns any apple products or shares, he has conflict of interest.
Liberty freedom are no1, not dicks in suits.
You don't know many Mac users then. All the ones I know do use it, including me.
I use both Safari and Chrome - both have their quirks, but both a decent browsers. I swapped my second browser to Chrome from Firefox, which I used to use all the time.
In fact, one of our suppliers used to sell their machines to the Far East after 18 months to 2 years because by then they had worn to the extent that they were about as good as new Far Eastern machines. By doing this, they helped German companies keep their machine tool sales up.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
I literally know not a single OSX user that doesn't use Chrome or Firefox as their main browser and would remove Safari if it was possible, much like pretty much everyone I know with a Windows machine would dump I.E. in a second if that were possible.
Well count one right here then.
I'm a web developer, run several virtualized instances of Windows and have Chrome, and Firefox installed on my host OS as well as my virtualized Windows machines, but I use Safari as my main browser.
blog
It has always been this way - just ask Nikola Tesla.
They copied ascii.
Your posts in this thread reveal more about your irrational prejudice than Apple's patent-troll behavior, especially when you start enumerating the adoption of open standards as copying.
blog
having a lawyer *involved* in product development from an early stage makes sense ---said a geeky lawyer.
Hope you realize that most innovative technologies of the last few decades started in a garage... you're saying that a tiny startup must choose lawyers over say rent or servers...
"If anything can go wrong, it will." - Murphy
Patents on the crank and the negative to positive process held up engine development and photography, respectively, for years in the UK. In both cases it was merely a case of who was first to file. It is an excessive first mover advantage.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
I'd have more sympathy for Google if they weren't continuing the practice of suing over FRAND standards-essential patents.
Motorola (and now Google) have asserted that even though Qualcomm pays a license fee for Motorola's FRAND patents that they have the right to retroactively revoke that license for chips Apple buys and force Apple to pay a higher royalty directly. It's a terrible and underhanded way to do business and if the courts let them get away with it no one is safe, not even if you buy technology from another vendor who has licensed the patents in question because the patent holder will be able to dictate terms to that vendor that YOU are no longer a valid customer, then come after you... All after you already shipped devices, putting you on the hook for back royalties!
Motorola is also articulating a theory that FRAND now means a percentage of the sales price of devices which is insane. Numbers like 2% of the iPhone retail price or Xbox retail price. It has never been used this way in the past, and seems to be an attempt to stifle competition.
The Samsung case is a more straightforward one of Samsung retaliating against Apple by using FRAND patents, in violation of the standards and their previous agreements. Now whether Apple should have sued them in the first place I don't know... They have been copying Apple's designs and I guess Apple feels like they stabbed them in the back by using their manufacturing knowledge to help their mobile division get a head start... But all of that may have been perfectly legal which would make Apple's lawsuits sour grapes. What I don't understand is that Apple seems to represent more revenue as a customer than Samsung gets as a competitor and these lawsuits seem to be pushing them to use other vendors so why continue them? If I were Samsung management I'd push hard for a quick settlement.
The other side to this coin, and one I think Google is testing with the Nexus Q, is that an adverse ITC ruling can stop you dead because it prohibits imports. The second is that if China experiences any political upheavals or major natural disasters, you are well and truly SOL because you have no backup facilities or alternate vendors. Personally, I'd be uncomfortable with that and I would require at least some percentage (say 10%) of my product must be manufactured entirely in a first-world country or possibly even my home turf so I would have a favorable political climate.
For Apple, get visas, bring some of those engineers/managers to the states, and partner with Foxconn to setup a manufacturing company here. Yes, those units will be slightly more expensive, but it would give me a base of talent I could scale up if the SHTF and not leave me entirely unable to ship product for years if there is a military coup or something in China.
Natural != (nontoxic || beneficial)
http://en.wikipedia.org/wiki/Lucy_H._Koh
If you ever wonder why Judge Koh did what she did, click the above link
This Judge Koh was one of those patent-rats, ahem, patent lawyers, before she became a judge
And ...
Most important of all, she was recommended by Barbara Boxer and Dianne Feinstein, both of them are receiving large "donations" from MAFIAA
And who else appointed Judge Koh to the Northern California District Court?
Barack Obama, of course !!
Muchas Gracias, Señor Edward Snowden !
Enough of all this !!
It's not about Samsung, or Apple, of Microsoft, or Google, or whatnots !!
This Patent war / Copyright MAFIAA thing, if not stopped, will have a very drastic effect on our society for a VEEEERRRRRYYYY LOOOOONNNNNNG time to come !
Not only innovations will be stifled, the marketplace will become monopolistic, and the customers will be forced to put up with maddening taxes, in term of "patent fees", "copyright royalties", etc
The politicians are on the take, we should NOT let them mess with this anymore
Even judges are getting on the bandwagon - this Judge Lucy Koh is a prime example of what can go wrong - She was a patent-lawyer before she was appointed to be a judge, and I will not even be surprised that she was on the payroll of a certain corporation
It's time to revolt !
Muchas Gracias, Señor Edward Snowden !
That's a reasonable question. The I believe the standard definition is that a capitalist system is one where the means of production of goods and the resources needed to do so are vested entirely in the hands of private individuals rather than in the state
Your Native American tribes would fail that test in so far as the woodlands and buffalo herds were not privately owned.
Now if they'd had to buy a hunting permit from the owner of the woods, or pay a surcharge for each buffalo killed, that would have been a capitalist system.
I believe the generally accepted term for that system is "totalitarianism". It's not entirely incompatible with communism, but neither is it the defining feature of the system.
Totalitarianism isn't entirely incompatible with capitalism either, for that matter.
Don't let THEM immanentize the Eschaton!