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Apple Will Update iPhones In China To Avoid a Ban On Sales (theverge.com)

Posted by BeauHD on from the rendered-useless dept.

An anonymous reader quotes a report from The New York Times: Apple said it would update the software of iPhones in China (Warning: source paywalled; alternative source) to try to resolve a legal dispute that threatens to stop the company from selling older iPhones in the country. Apple and its longtime chip supplier, Qualcomm, have been fighting in court over Apple's use of Qualcomm's technology. On Nov. 30, a Chinese court ruled Apple must immediately stop selling seven older iPhone models in China because it infringed on two Qualcomm patents. But Apple has not stopped selling those iPhones there. The company has argued the phones are not subject to the ruling because they are running new software that was not discussed at trial. On Friday, Apple said in a statement that it would update its iPhones in China early next week "to address any possible concern about our compliance with the order." Apple said its update would change the iPhones' software so it did not infringe on Qualcomm patents, which relate to switching between apps and changing the size and appearance of photographs.

33 comments

  1. I don't use Apple and i'm still rooting for them by Anonymous Coward · · Score: 0

    Can anyone name an android phone that doesn't use a Qualcomm modem?

  2. FAKE NEWS TIMES by Anonymous Coward · · Score: 0

    The article is probably misleading.

  3. We don't want Commie Red Apple Phones by Anonymous Coward · · Score: 0

    You can keep your suicide labor camps phones.

    Forget Apple.

    Buy from a real FREE People.

    Buy Samsung & LG.

    Support Korean Unification
    and Peace in our time.

    1. Re: We don't want Commie Red Apple Phones by Anonymous Coward · · Score: 0

      Samsung and LG uses those same camps

  4. Ridiculous patents by Anonymous Coward · · Score: 0

    Qualcomm should be ashamed.

    1. Re:Ridiculous patents by ShanghaiBill · · Score: 1

      Qualcomm should be ashamed.

      The patent system is run by the government. You should blame them for running a dysfunctional and corrupt racket, rather than blaming the companies that exploit it, which is nearly all of them.

      The solution is to fix the patent system, not to shame individual companies into being less greedy.

    2. Re:Ridiculous patents by PolygamousRanchKid+ · · Score: 1

      The solution is to fix the patent system, not to shame individual companies into being less greedy.

      . . . so what are your thoughts on how to fix the patent system . . . ?

      My fear is that, whatever better patent system we come up with, the Big Patent industry will find ways to abuse and exploit that, as well.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    3. Re:Ridiculous patents by KiloByte · · Score: 1

      . . . so what are your thoughts on how to fix the patent system . . . ?

      The system I have in mind provides no way for a Big Patent industry to abuse and exploit. It would also work wonders when applied to copyright. Or blasphemy laws.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    4. Re:Ridiculous patents by bill_mcgonigle · · Score: 1

      Nobody asks, "how do we make a better cancer"? The patent game keeps small players out and stifles innovation.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:Ridiculous patents by ShanghaiBill · · Score: 1

      . . . so what are your thoughts on how to fix the patent system . . . ?

      1. Eliminate software patents entirely. Most countries don't have them.

      2. There should be a fee to get a patent, but also to keep one. The annual fee should double each year. This will make it easy for "the little guy" to get a patent, but make it increasingly expensive to just sit on an unused patent.

      3. Outlaw trolls. Any NPE should not be allowed to sue for the infringement of assigned patents. Only the original inventor or someone actively using the patent should have the right to sue.

      4. Have a national public patent pool. Anyone who receives a patent can assign it to the pool. Then they can use any patent in the pool royalty free.

      I would also be okay with just eliminating patents entirely.

      One thing we need to remember about patents is that the individual inventor who slaves away in his garage for years, and then gets rich licensing his patent to big companies ... is a myth. That almost never happens. Companies will not even talk to an individual inventor. Most of their inventions are either crap, something close to what is already being done, or something the company may come up with on their own. But if they talk to a garage inventor, and especially if they sign an NDA, they are opening themselves up to a bogus lawsuit for "stealing" the idea, with punitive penalties for "intentional infringement".

      So the only safe policy is to just refuse to talk to individual inventors, or anyone actively marketing a patent.

    6. Re:Ridiculous patents by Anonymous Coward · · Score: 0

      The solution is to fix the patent system, not to shame individual companies into being less greedy.

      . . . so what are your thoughts on how to fix the patent system . . . ?

      My fear is that, whatever better patent system we come up with, the Big Patent industry will find ways to abuse and exploit that, as well.

      The new patent system will be a 1200 page bill with subsidies for installing solar panels in very specific locations where it is always cloudy and wind turbines where there is never any wind.

    7. Re:Ridiculous patents by PolygamousRanchKid+ · · Score: 1

      Companies will not even talk to an individual inventor. Most of their inventions are either crap,

      In today's IT world . . . never underestimate the value of crap.

      something close to what is already being done,

      Lots of big companies "incentivize" employees to produce a quota number of "potentially patentable" ideas from their normal project work.

      It's kinda sorta like getting latrine duty in the army:

      Project Manager: "OK, we're through with all the business for this meeting . . . but we still need our patent submission for this year . . . anyone willing to volunteer . . . or do I need to punish someone?"

      or something the company may come up with on their own.

      Oh, it's even worse than that . . . my employer has first dibs rights on any patent idea that I have . . . even if it has absolutely nothing to do with their business area.

      In other words, if I am sitting on the toilet, and think about an idea for Toilet Paper Next Generation . . . I need to present it to my company's patent lawyers first. Then they can reject it, and let me pursue it on my own.

      Unfortunately, that's the current state of the patent system . . . and probably not for what it was originally intended.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    8. Re:Ridiculous patents by Anonymous Coward · · Score: 0

      Maybe apple should stop stealing other companies patents. That way they could avoid having to rush out updates that will probably brick your phone or introduce more bugs into ios then it all ready has.

  5. Novel Patent by Anonymous Coward · · Score: 0

    Changing the size and appearance of photographs. Next, Qualcomm will go after GIMP.

    1. Re:Novel Patent by Anonymous Coward · · Score: 0

      GIMP didnt steal their patents. apple did.

  6. Apple should just pay a license fee... by Anonymous Coward · · Score: 0

    Just add $50 to the price of the iPhones to cover what's owed to Qualcomm. The iTards will pay without a thought. It will be fair for everybody, and Apple and Qualcomm can resume cooperation to build even better mobile devices.

  7. Nope, one wrong doesn't absolve all others by Anonymous Coward · · Score: 0

    Nope, you can easily hold both accountable for their respective roles, thanks anyway Fake Dr. Phil.

  8. Not even about wireless chips by Anonymous Coward · · Score: 0

    All this over some bullshit software patents not even related to Qualcomm's core business?

    Qualcomm is fucking desperate. This is a company in the process of dying.

  9. Re: I don't use Apple and i'm still rooting for th by Anonymous Coward · · Score: 0

    media tech is doing well. Huawei ðY is doing well

  10. Not quite... by SuperKendall · · Score: 1

    Samsung and LG uses those same camps

    Not exactly - Apple at least tries to monitor the camps to help the workers some.

    Samsung and LG, use the *unmonitored* camps. Let that sink in.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Not quite... by Anonymous Coward · · Score: 0

      Fake news. Samsung is shutting down the last Mobile phone factory in China.
      Apple can't.

    2. Re:Not quite... by Anonymous Coward · · Score: 0

      Sounds like more of apple lies and propaganda.

  11. There's a huge lessor here for phone providers by SuperKendall · · Score: 1

    Something I did not see commented on here is - Apple has created a great deal of "luck"for itself here, because they CAN update all of those older phones they are selling.

    Imagine if this were any other Android maker. They'd basically be out of luck for phones older than a year, because it would be covered by software patents they would have no update for.

    So this provides a great reason for phone makers to provide longer support for devices than they currently do.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:There's a huge lessor here for phone providers by Anonymous Coward · · Score: 0

      > Imagine if this were any other Android maker. They'd basically be out of luck for phones older than a year, because it would be covered by software patents they would have no update for.

      You mean because updates would require modifications to Android which they don't have access to?

      I don't think it's been an issue with any Android maker because they all consider Qualcomm's patent terms fair. Apple seems to object to buying Qualcomm chips as well as paying 1% of the sale price of the phone.

    2. Re:There's a huge lessor here for phone providers by Dutch+Gun · · Score: 1

      I don't think it's been an issue with any Android maker because they all consider Qualcomm's patent terms fair.

      Paying the racketeer and "considering it fair" are two vastly different things. Qualcomm got too greedy, arguably not honoring the spirit of FRAND, and Apple has decided it's worthwhile to push back legally.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    3. Re:There's a huge lessor here for phone providers by Anonymous Coward · · Score: 0

      Nearly all phone manufacturers could do this. A phone manufacturer is totally capable of making a minor update to a phone a few years ago to change one feature.

      Just because they 'no longer' support a phone, doesn't stop them being able to push an update. And that update doesn't have to update all features of the system to the latest features - it can just make the one change they want to make.

  12. Re: I don't use Apple and i'm still rooting for th by Anonymous Coward · · Score: 0

    hauwei?

  13. First time I heard China cared by melted · · Score: 1

    First time I heard China cared about "patents". So it's probably not really patents, but a nice long lever to apply pressure to Apple to put in a barn-sized backdoor.

    1. Re:First time I heard China cared by thegarbz · · Score: 1

      First time I heard China cared about "patents".

      If it took America's biggest company getting their most popular product blocked for you to hear about it, then you simply haven't been paying attention. Patent issues in China have been going on for a long time, and one of America's complaints is that it seems to be stacked in favour of Chinese companies.

      Hell 8 years ago patents for Dyson inventions were being granted in China and the patent system was being used to block Dyson from selling products.

      China cares, just not about the west.

    2. Re:First time I heard China cared by Anonymous Coward · · Score: 0

      Hell 8 years ago patents for Dyson inventions were being granted in China and the patent system was being used to block Dyson from selling products.

      And were Dyson's products registered with the Chinese patent office? Because patents do not automatically apply globally.

      China cares, just not about the west.

      So.. A country that puts it's own interests before others. Bastards right?

    3. Re:First time I heard China cared by Anonymous Coward · · Score: 0

      "So.. A country that puts it's own interests before others. Bastards right?"

      You sound like a guy that opposes the Wall on US's southern border.

  14. Re: I don't use Apple and i'm still rooting for th by Anonymous Coward · · Score: 0

    Most decent Android phones use Qualcom technology, but they also pay for the usage. Apple has built it's business on using it's scale and it's legal team to avoid paying royalties it agreed to pay in it's contracts.