Apple and Samsung Fail to Reach Deal Over Patent Issues in Recent Mediation Meeting

[kdarling]

She's not the best, but she has a better understanding of intellectual property law than Posner does. Posner is a brilliant guy, but his ruling in the Oracle v Google case regarding copyright of API's was flat-out wrong.
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Wholesale copying of an API should be a violation of copyright law and I am hoping Posner's ruling gets appealed sooner rather than later.

Not to take away from the rest of your post, but...

The judge in the Oracle v Google case was William Alsup, not Posner.

Posner's the one who threw out both Motorola and Apple's lawsuits against each other, saying that neither side could prove they had actually suffered any damages... and that even if they had, granting injunctions to either one of them would be far worse.

Like many, Posner basically believes that the patent system is out of control, is being used to smother innovation instead of encourage it, that patent cases are being used to block competition, and that patent cases are being decided by people totally unqualified in the fields being discussed.

 

[Jibbajabba]

- Reads title


- Isn't surprised

Yepp. No surprise there.

 

[the8thark]

Posner is a brilliant guy, but his ruling in the Oracle v Google case regarding copyright of API's was flat-out wrong.

I agree 100%. That ruling has set a dangerous precedent. I won't call that ruling a mistake as he should have known what the right decision was.

If you invent something and the courts say sure it's ok for others to copt it royalty free and make profits on it, not much you can do about it sadly.

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Settling is for shameful weaklings. Samsung is the great warrior and will vanquish his foes with courage and ferocity....or pay out another billion or so.

You settle with at least part of the terms of the agreement going your way or you leave it in the hands of the judge who can screw you even if you did no wrong.

So which would you rather take?

 

[Renzatic]

I agree 100%. That ruling has set a dangerous precedent. I won't call that ruling a mistake as he should have known what the right decision was.

I don't think you all realize just how much damage being able to copyright or patent an API would do to the industry. Do you all think Objective C or HTML should be copyrighted? Hope not. Because AT&T could sue Apple for any program that uses their language because Objective C is derivative of C, and if C is copyrighted, then all languages and commands used to execute any function in any app will be officially owned by AT&T.

We could argue the pros and cons of software patents all day long, but APIs should always be free.

 

[BC2009]

Not to take away from the rest of your post, but...

The judge in the Oracle v Google case was William Alsup, not Posner.

Posner's the one who threw out both Motorola and Apple's lawsuits against each other, saying that neither side could prove they had actually suffered any damages... and that even if they had, granting injunctions to either one of them would be far worse.

Like many, Posner basically believes that the patent system is out of control, is being used to smother innovation instead of encourage it, that patent cases are being used to block competition, and that patent cases are being decided by people totally unqualified in the fields being discussed.

Jeeezzz, what is with me. Sorry... That was a major Brain Fart. I totally mixed up their names. As soon as I read "Aslup" in your post brain realigned. Kinda like when you walk up to somebody and start calling them by somebody's else's name even though you know exactly who you are talking to, then you realize what you are doing and try to figure out how your brain reconnected that face with somebody else's name in its database. Some kind of biological error in foreign keys.