Google Says Some Apple Inventions Are So Great They Should Be Shared
An anonymous reader writes "In attempting to fend off Apple's suit against Motorola Mobility and advancing its own patent litigation against Apple, Google, which is facing a lot of regulatory scrutiny in the U.S. and abroad over what some allege is abuse of standard essential patents, has been arguing that proprietary non-standardized technologies that become ubiquitous due to their popularity with consumers should be considered de facto standards."
Google wishes to embrace and exploit.
That strategy might work in the media to get people angry at Apple, but it's a bad idea in a court. You are basically admitting that Apple is right, but then saying it doesn't matter because it "oughta be" a standard. At that point the judge will say: thanks for admitting Apple is right to save me the bother of the trial. Not a smart move.
Considering what Apple's patents tend to be about (swip to unlock anyone?) they may be annoying but they aren't what I would call "standards" in the way that 802.11 is a standard.
AntiFA: An abbreviation for Anti First Amendment.
Translation: Steve's gone, mind if we drive?
When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
Interface standards are not about "great technology", they are about convention and usability. There's little that's ever been innovative about how steering wheels look or work, where the hand brake goes in a car, how you turn on a TV or a light, etc.; many of those are just arbitrary choices. But there is a huge benefit to having these items standardized so that consumers can easily move from one car to another. The same is even more true for user interfaces: user interfaces benefit tremendously from standardization. Apple's user interface elements aren't "great" or innovative, they simply set the standard because Apple is first.
(And most of Apple's user interface elements aren't even Apple's inventions; sliding switches on touch screens, for example, were not invented by Apple, Apple just copied them and then patented their application to unlocking.)
only he would deliver that message in a 13-hour long monologue. then rape someone. what stamina!
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Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
I didn't see that being a a shot against apple per se - much more microsoft and the exchange activesync suits.
"when one firm publishes information about an otherwise proprietary standard and other firms then independently decide (whether by choice or of necessity) to make complementary investments to support that standard in their products. Because proprietary or de facto standards can have just as important effects on consumer welfare, the Committee’s concern regarding the abuse of SEPs should encompass them as well."
Microsoft has patented exchange activesync, and then licences those patents to companies that want to talk to an exchange server. That's what has most android makers coughing up money to microsoft for - the ability to talk to exchange as an email/calendar client. Note, android developers, like all exchange activesync licencees, have to write their own code against the standard, which changes whenever MS update Exchange server.
Now, Exchange is pretty much ubiquitous in business. Therefore talking to Exchange is a necessary defacto standard, but everybody does it a bit differently as they write their own code. Should the patents covering exchange activesync, as a defacto essential standard, be under scrutiny for abuse by the same body that's investigating FRAND patent holders for abuse of their essential nature?
That seems to be Google's argument, anyway.
Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
Apple's PR is doing a great job. Way to spin something into a provocative flamebait. Google didn't say what the title says it did, but timothy just couldn't resist.
The summary is misleading. What Google is saying is that if certain patents are considered standard essential for communication (3G, WiFi etc.), then parents on touch screens, scrolling etc. should also be considered the same. Apple would not be forced to share them, they would be forced to license them at a fair cost. Right now, Google-Motorola cannot use their patents the way Apple uses theirs because they are classified as FRAND, whereas Apple can use their patents to force import bans on Motorola and HTC products, for example. Apple would still be paid for the licenses to those patents, but would not be able to refuse to license them or charge an exorbitant fee.
The alternative would be to, you know, not issue broad patents for scrolling and slide to unlock etc.
Are you kidding me? Do you think the average (even above-average) user wants to go through PAGES and PAGES of radio buttons? Rounded vs. sharp corners? Why not allow them to determine just HOW round? Now we've gone from radio buttons to sliders everywhere.
Seriously, customize EVERYTHING? You can do that in Linux - look at how well that worked out for the consumer.
Google's argument actually makes sense. As I read it, they're saying that a company which holds a patent on technology that is essential to meet an industry standard must license it in a Fair, Reasonable, and Non-Discriminatory (FRAND) way. But a company that has such a strong market position (i.e. a monopoly) can use patents to exclude competition. So Google is saying that FRAND should apply whether the technology is required because of an industry standard or because the patent holder has a monopoly.
Samsung, Motorola and other old players in the telecoms game have a huge problem today because for many years they have been playing reasonably nice with each other. It used to be that the players came together in standards organizations, agreed on standards, promised to license them to each other on FRAND terms, and then competed on implementation. Then a new kid comes to town who wants everyone to license it their FRAND patents without giving any back.
Apple, like Microsoft, hates to offer their own patents as FRAND, and only ever tries to create formal standards when they need to subvert another standard. They are the masters of de facto standards. Since the old players are now desperately abusing their FRAND patents as leverage in patent negotiations, they have a difficulty in calling Apple out on the hypocrisy of this.
However, the big loser in all of this is us. Since FRAND patents are so weak in aggressive patent wars, and antitrust bodies are now looking to make them even weaker, companies will stop making FRAND promises. The result will be less standardization and more lawsuits, leading to less capable and more expensive products. Hence Google's point is actually a very good one.
The article's title isn't correct. Google is really arguing that most patents should be treated like SEPs so it's harder to get injunctions. As the patent war heated up Google bought Motorola largely to quickly built it's defensive patent portfolio. A strategy that has largely worked except Motorola has a lot of SEPs.
So now Apple is suing Google and its hardware partners like crazy all over the world, but they're coming back with SEPs in the counter suites. HTC took Apple to court in retaliation using 2 SEPs it got from HP, IIRC. Google is also beginning to play a more aggressive role defending its hardware partners. Google is even beginning to ask the courts to name them as defendants even though they weren't sued. And guess what type of patents they're bringing to the party?
Motorola recently announced that it was leaving long standing patent agreements with Qualcomm. Guess with litigious company relies on Qualcomm for protection against SEPs?
Now add the fact that the US government is actively re-evaluating how litigation around SEPs are handled ( there are hearings going on right now ), and you can see why Google is saying what they are.
Google largely wants to be able to use its SEPs defensively in a fight they really didn't start. But of course, once that cat is out the bag and fast forward a decade when Google maybe on the ropes, then it's likely we would see SEPs used more agressively. '
The other solution is to not loosen restrictions on SEPs but to go the other route. Make it harder to get injunctions using non-SEPs by treating them like SEPs. Personally, I believe that's the way to go. Currently Apple has an injunction on the import of Samsung Galaxy Tab 10.1 over a flimsy design patent. Samsung can't just pay a reasonable fee, they have been banned from importing the product at all. Even if these flimsy patents are not tossed out of court, they should not be used to outright ban products, but competitors should be allowed to license them on a FRAND basis.
A joystick in a car would be stupid. Cars are not fly by wire systems; they are mechanical (with some hydraulic support via "power steering", but even when the power steering fails the car can be controlled via the mechanical wheel). Can you imagine the force required to control a car via a joystick if you had to keep it mechanical? If you then made it a completely drive by wire system, you just added a bunch of complexity and failure modes to what should be a ubiquitous and (fairly) inexpensive object. You've taken a simple, cheap design and made it cost more simply to have a less efficient steering mechanism. Why? It is designed pretty damn well now.
If we're changing it from the steering wheel, instead of a joystick, can we use a mouse and WASD? That should work far better for a vehicle that only operates in a 2D plane.
Waiting for an amusing sig.
apples pricing on the Ipad is only becuase they manufacture one or two styles at the same time.
What the competitors need to do is to stop pumping out new models and build just a couple high quailty models
i thought once I was found, but it was only a dream.
I'd like a HUD display too. Every car should have one.
Having been peripherally involved in the design of HUD systems for some american car companies, no you do not want a HUD system designed by a committee and managed by a US car company exec who still thinks more and bigger is better. Just look at some of the Windows based touchscreens in recent models and imagine a similar quality of design popping up in front of your face while you're trying to drive.
Google bought Motorola. If you haven't heard about their FRAND patent licensing and the investigation thereof, you might want to get more background before reading this story.
2) No government entity can be on the board of the standards group.
So you think patents should be enforced as decided by the categorization of a group of individuals not elected by a democratic process, but chosen by corporations? I'll call Ben Franklin's zombie and he'll be over to slap you momentarily.
Almost all of the ones I saw in the PDF were pretty bogus ones. Claims by competitors that google pushes it's own results to the top of the results. So far I've yet to see a case for that one presented convincingly, the top results tend to be whatever is most often the more popular item, in things that google is the most popular, google's items show up, in the ones they aren't their competitors show up. Then warnings and alogations of patent abuse. Can you even name a time google used a patent offensively? Can you crop out the fat and point out 1 or 2 that google was actually ruled guilty in, most of those are either undecided or not found not guilty. I'm not saying google isn't debatably bad, I'm saying that particular list is focusing on pretty ridiculous stuff. Google deserves quite a bit of flack in the privacy area, but their patent practice in the phone arena? I've yet to see them do anything shady in that arena besides attempt to cover their own ass from incoming fire.
Many disabled people control their car via a joystick.
You're thinking of the trimmers, there's a subtly different function. Trim wheels are used because the central position on the joystick is the "neutral" position for the ailerons and rudder, which is different to the "fly straight" position, which changes depending on airspeed, engine RPM, altitude and so on. The neutral position may make the plane fly straight and level at 300kts at 1000ft, but won't at 400kts. The trim wheels are used to offset the control surfaces so the neutral position on the joystick is flat and level. They can also be used, as you mention, to control the aircraft to a certain extent if the primary control (joystick) fails for any reason, planes have been landed using trim wheels only, but it's not recommended unless you have no other option.
In a car the equivalent would be a trim wheel to correct for a camber in the road or crosswind so you're not always steering slightly to one side.
Please consider this account deleted, I just can't be bothered with the spam anymore.
Well, I don't like software patents either. However, Google will indeed have the government coming to take their IP when the PageRank patent expires. It probably won't mean much by then, since we've had time to realize that getting 1,254,562 results in 0.12 seconds isn't really that useful. Also, it's a system that can be gamed and you have to fight that. Nevertheless, the patent will become public domain much sooner than anything copyrighted. That's probably the ONLY thing to like about software patents. I actually got to see the GIF patent expire in my lifetime. Wow! And I also got to see it encourage progress; but not in the way that patents allegedly do that. It motivated the creation of PNG, which has alpha channels. BTW, did the IE team ever get alpha channels right? I was able to do that in a Windows app back in the 90s, and I never understood why MS couldn't master their own technology... but I digress...
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
Let's apply it to search algorithms!
Maybe YOUR car only operates in a 2D plane, but mine has left the ground on numerous occasions.
I believe that it is the government which sets up the laws which protect private intellectual property. Without these government patent laws, there would be no way to protect intellectual property. Anarchy would allow the free flow of ideas without these artificial barriers to embrace and extend.
Not sure how John Galt would resolve the conflict between "government is evil" and "government must protect my private property" since it has been 50 years since I read those polemics.
I don't read your sig. Why are you reading mine?
Software patents work without source code "work" (please note that I'm using quotes to denote the process, not the validity of the process) because the patent discloses the technique. Having the source code in a particular language is irrelevant. The source code is not the invention. The method behind the source code is the invention. Beside, what relationship does the source code have with the invention? I'll postulate: None. First, the source code is an intermediary between the idea and the execution process. Any of a number of intermediaries can be used. Should revealing the source code in C++ mean that a parallel implementation in Fortran is allowed/does not violate the patent? Second, even using the same source code, what is the impact of compiling to a different architecture? No, source code has no value except as A METHOD of explaining the idea. It is not the idea.
"Others can embrace and extend when the patent expires."
The problem with that line of thinking, is not realizing that all that is created is evolutionary. Everything we build is done in small incremental steps, building on what was just built. No one goes from a horse and buggy to a Ferrari. You go from a horse, to a horse and buggy, to a motorized carriage and so on. Everything that Apple or anyone else has built, was done standing on the shoulders of giants.
I'll take a rough stab at answering this.
In Atlas Shrugged, Ayn Rand took the (for lack of better terms) "collectivist" (liberal, etc...) and "individualist" (libertarian, fiscal conservative, Austrian school, etc...) schools of thought to their logical extremes. Liberalism, of course failed miserably in her example, but it is also quite telling that in order for her fictitious libertarian paradise to succeed it required technological/science fiction props (free energy, projected holograms, infinite broadcast power, etc...).
Ayn Rand demonstrated a clear assumption that intellectual property rights would be respected by both "sides" of the conflict. This is demonstrated with the subplot of the government using dirty tricks and manipulation to force Hank Reardon to sign over rights to Reardon Metal to the government. This was considered a fundamental attribute of the United States, as compared with other countries (note the nationalization of Francisco D'Antonio's assets). So, she clearly demonstrates that she believes in IP protections. John Galt, the character, would also share in these beliefs, since he's represented as the embodiment of her highest ideals.
As to the internal consistency of this, I agree that on the surface there is some conflict. Especially given Rand's discussion of force as being the antithesis of reason, but to rely on force to protect that which reason creates could be considered inconsistent. There is an exception to Rand's disavowal of force, however. She absolutely recognizes force as necessary to protect one's self and property. She also recognizes the military as one of the few legitimate functions of the government. This is made clear by the following excerpt from The Virtue of Selfishness:
"The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality"
Ayn Rand makes it clear that she supports the court systems and police force as a legitimate function of government to protect property and, by extension, ideas (patents/copyright).
I'm frequently surprised at comments I see that conflate Ayn Rand/objectivism/libertarianism with anarchy. It is simply not true, and is mostly only done by those who have little education or understanding of those philosophies.
There's no evidence, that I'm aware of, that Ayn Rand ever considered government to be "evil". What she considered "evil" or immoral, was a government that exceeded it's bounds and participated in activities outside of which those that she considered to be legitimate functions.
Drinking habits can be dangerous. You can choke on the cloth and the nuns will wonder where their clothes are.
Spacebar?