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MS has said the same thing about Linux to try and dissuade adoption and usage of Linux instead of their systems. Nothing ever became of that.

This is an entirely different situation where Apple could go after handset makers who happen to use the next windows mobile. MS has stepped up and basically told Apple that if they go after MSs partners be prepared for a fight. I know everyone here loves Apple, but do you really think they are going to win in an all out patent war that equates to them versus every other tech company? Highly unlikely. Plus the money and years of litigation would do nothing but bring everyone down. This is why I keep saying that when a large company (I'm not talking about the little guy who gets his one invention stolen) goes on the offensive with their patents they are doing it out of weakness in their products. No matter the outcome it's messy and involves risk for all parties involved.
 
Anyway, specifically regarding the topic at hand, there's one specific bit that stands out to me as being underhanded -- the timing of all this. It's not Apple voraciously protecting varied patents -- if it was just that, it would have started shortly after the iPhone release, with the earliest 'clones'. No, this seems to be Apple trying to stop competition when it's finally gotten to the point of being, well, competition. I'm not a huge fan of patents (particularly software patents) at the best of times, so this strikes me as decidedly dirty, anti-competitive behaviour -- no matter if the company in question is Apple or not.

Sun Tzu, in "The Art of War," explains how important timing is in anything.

If Apple picked this specific time to file suit, and this moment throws the competition off balance, then Apple is following good sage advice.

There is also a way to play the game when you are a part of the "also rans" and a different way to play it when you are the target of the "also rans." It's good to see Apple can play it to match the situation.

There are a lot of ways to play the game dirty, however, using patent portfolios is playing by the rules.
 
Apple is not suing over any UI issues. They are suing because HTC ripped off the low level architecture used in the iPhone operating system. Read the pattens They are about class names and specific member functions of one class calling the member functions of a different class. It is about the very specific details of how the operating system is laid out.

Apple specifically mentions several UI patents in their lawsuit:
  • Slide to unlock with visual indicator
  • Rubberbanding at end of lists
  • Scroll direction locking
Most people don't think Apple is going to try to apply the OS patents to Windows Mobile, because then they'd be going up against Microsoft... and that's considered either too dangerous or it's moot because they have cross-licensing in place.

So it would make sense that those UI issues are perhaps one reason why Apple included so many HTC Windows Mobile phones. They have HTC-specific UI mods that Microsoft is not responsible for.

Plus the head sensor patent, of course.
 
This is an entirely different situation where Apple could go after handset makers who happen to use the next windows mobile. MS has stepped up and basically told Apple that if they go after MSs partners be prepared for a fight. I know everyone here loves Apple, but do you really think they are going to win in an all out patent war that equates to them versus every other tech company? Highly unlikely. Plus the money and years of litigation would do nothing but bring everyone down. This is why I keep saying that when a large company (I'm not talking about the little guy who gets his one invention stolen) goes on the offensive with their patents they are doing it out of weakness in their products. No matter the outcome it's messy and involves risk for all parties involved.

When Microsoft went on it's little extortion campaign, they were never willing to define what patents were violated or how Linux did it. They were playing from a very weak position. When Apple filed their suit, they spelled out the patents that were infringed. The patents in question are very specific, almost down to the source code level.

Apple has many cross licensing agreements with Microsoft. I think it would be hard for either to sue the other.
 
The iPad is innovative? Are you a comedian? If so, quit your job. Apple is like a pomeranian - thinks its larger than it is. Don't get me wrong, I use Apple products by but they are showing their faults left and right lately.

Btw, in a twist of sweet tasting irony - Microsoft is the one making innovative waves lately - Windows 7 series, Courier, and etc.

I use Apple products, but at least I'm not blinded to notice a company make a complete asshat of themselves.

Hey, I never said Apple was perfect. Heck . . I'm still trying to figure out why the Air was even made. However Apple is definitely at the top of the hill as far as innovation. Yes Microsoft is making some interesting things but it's like comparing Lebron to Kobe . . Uh oh lemme stay away from that one lol.
 
Apple has many cross licensing agreements with Microsoft. I think it would be hard for either to sue the other.
Not to mention kinda silly. If they have one cross license agreement, getting others is not going to be that much harder. And if they don't want to license one, they will just come up with their own.

I take MS's comments as more grandstanding against Android than against Apple. They are trying to pitch themselves as a safer partner. Kinda like "a partnership with us doesn't involve unknown patent violations unlike going with Android which could"
 
Forgive me as I have not had the time to read through all of the posts. I believe that IF someone is infringing on Apple's patents that Apple has every right to go after them. At the same time I am not sure that Apple has a strong case on every patent that they are claiming has been infringed upon. Their attorney's may just be throwing a lot of different things against the wall and seeing what sticks, if it smells like the slightest bit of infringement, go ahead and throw it in the suit.

I am a bit confused on the "slide to unlock" patent that Apple is claiming HTC is infringing on. I own a Mytouch 3G, so it may be different on other HTC phones, but I unlock my phone by drawing a pattern on the screen, actually it is a very nifty way to secure the phone. If I turn off that feature I just unlock the phone by pressing the Menu button. I am also not sure what a lot of people on here are talking about when they claim that Android is a copy of the iPhone OS. The layout of the screen is nothing like an iPhone. I don't pinch to zoom, I double tap the screen to zoom into the browser. Under the hood there may be some similar technology, but it seems a lot of people on here have never even used an Android phone and thus have no idea what they are talking about.

In the end the courts will decide who is right and who is wrong. It is a bit disturbing though that just by Apple throwing around their legal muscle they may be disrupting their competition. Hopefully it doesn't get to the point where Apple asks for an injunction to have HTC stop selling the affected products while the courts sort this suit out.
 
Because Apple is using technology that other have developed and patented as the basis of their own products?

Or are we applying strict double standards here because it's Apple fan forum?

If Apple is infringing on patents (meaning performing the same exact patented function, the exact same way) then they deserve to be taken to court for it. I have a feeling Apple's lawyers aren't stupid, however, and the company most likely drops a good amount of money on licensing fees.

That said, the "Well I can do it because they are doing it" defense usually becomes ineffective after age five.
 
I am also not sure what a lot of people on here are talking about when they claim that Android is a copy of the iPhone OS.
It's not android in general - it's specific features of android that are implemented by handset makers that are the problem.
 
It's not android in general - it's specific features of android that are implemented by handset makers that are the problem.

Again, some people here like to just spout out generalities to rally against. It sounds good, right up until they figure out what a patent actually entails.
 
If Apple is infringing on patents (meaning performing the same exact patented function, the exact same way) then they deserve to be taken to court for it. I have a feeling Apple's lawyers aren't stupid, however, and the company most likely drops a good amount of money on licensing fees.

That said, the "Well I can do it because they are doing it" defense usually becomes ineffective after age five.

Yep.

In its annual Form 10-K filed with the U.S. Securities and Exchange Commission last October, Apple said it was then defending itself from more than 47 patent infringement cases, 27 of which were filed during the 2009 fiscal year. Those suits prove costly to defend, and sometimes Apple comes out on the losing end of a large payout. Last year, a Texas patent suit resulted in a 21.7 million ruling against Apple.
 
Again, some people here like to just spout out generalities to rally against. It sounds good, right up until they figure out what a patent actually entails.

If you would read the rest of my post I was stating my experience with my phone. The post also went on to say that a lot of the issues may have to do with under the hood technology, and it may not be visible to the end user. I was responding to others here that have claimed that Android phones are a copycat of the iPhone. I am just so tired of many people on here railing against Android without actually using it hands on. I have an iPod touch and I have an Android phone, there are pluses and minuses to each of the devices.

Bottom line, if any company is infringing on another companies patents then they should be held responsible. I just don't like the feeling that Apple is playing very dirty in all of this, Apple has claimed that a lot of this infringement has been going on since the beginning of the HTC/Android relationship. It seems a bit strange that Apple is all the sudden filing suit once HTC and Android is gaining a foothold in the market. I know it is legal but it still smells bad.
 
Okay then, but that is the definition of greed. In many Asian cultures people work towards bettering the community and not themselves.
Oh, give me a break. Is that why corruption is so widespread in Asia? Do they take bribes just so that they can help the community? You cannot be that gullible, can you?
 
Bottom line, if any company is infringing on another companies patents then they should be held responsible.
Agreed. I also think that we should let the courts figure that out.
I just don't like the feeling that Apple is playing very dirty in all of this, Apple has claimed that a lot of this infringement has been going on since the beginning of the HTC/Android relationship.
How is building a solid case "dirty". Believe it or not, lots of time typically passes between infringement and the filing of a suit. Usually the suit gets filed after negotiations or other communications break down.

It seems a bit strange that Apple is all the sudden filing suit once HTC and Android is gaining a foothold in the market. I know it is legal but it still smells bad.
It doesn't too me. Court cases take time to file properly. Most companies just don't go out suing at the drop of a hat, they make sure that they do it when the timing is right. In this case it's when they can outline a case AND argue damages. That is normal for civil cases. I think you are looking for meaning where there isn't any. It has nothing to do do with Android in general - its the notion of what HTC specifically is doing.
 
It seems a bit strange that Apple is all the sudden filing suit once HTC and Android is gaining a foothold in the market. I know it is legal but it still smells bad.
You need to be able to claim substantial damages to make up for the cost of a lawsuit and you can only do that if they are costing you substantial amount of money. Without much of a market to claim, they cannot be doing that much damage. With a sizable market, they can. Does it make sense now or does it still smell bad?

If you don't like the present state of patent business, and I don't, write to your reps to change the laws. Otherwise, this is what we will get.
 
You need to be able to claim substantial damages to make up for the cost of a lawsuit and you can only do that if they are costing you substantial amount of money. Without much of a market to claim, they cannot be doing that much damage. With a sizable market, they can. Does it make sense now or does it still smell bad?

If you don't like the present state of patent business, and I don't, write to your reps to change the laws. Otherwise, this is what we will get.

Writing the reps does jack crap because unless you donate (aka brib) them with tons of "campaign financing" they do not listen to you.
Our representatives no longer care about us. They care about who gives them the most money.

I lost all faith in our government representing the people. Start reading up on how to get them to listen to you and it is pretty clear they only care about who gives them money.
 
I just found this article on Jonathan Schwartz's blog (yes, the former CEO of Sun Microsystems), and I think it is an interesting read, especially for those who believe that Steve Jobs invented everything:

http://ow.ly/1gc7s

so let me get this straight....


a failed CEO of a now-defunct tech company is bitter and angry he ruined and failed to revive the once-mighty tech company.

wants to set the record straight and show the world he's not a LOSER and tries to over-compensate by blogging about something that happened 9 years ago...name-drops to make it look like he's somehow in the same league of one of the greatest CEOs and Visionaries of all-time..puts a positive spin to make him look good...


why is this news again?
 
Wrong. While I accept that some--maybe even most--of Adobe's user base would switch, by no means would all of it switch. Apple has already released a number of apps that serve Professional photographers as well or better at a significantly lower cost. Photoshop Elements has at least two direct competitors on the Apple platform and the full version of Photoshop itself is countered by GIMP, which is fully as capable, and absolutely free. I will admit that GIMP isn't quite as easy to use, though that's merely a matter of scale since PS itself isn't exactly easy either.

So yes, there are alternatives to Adobe's products--across the board. But the the people who would 'switch' to stick with Adobe are the ones who do all their work in Adobe and wouldn't be willing to use one of those alternatives. Oddly enough, this particular argument is reminiscent of the OS X/Windows argument, where Windows is losing customers to OS X at an ever-increasing rate.

This really is off-topic but:

I do agree that many Adobe software users wouldn't switch but unfortunately, for professional users there really isn't an option not to switch to Windows if Adobe ditches Mac. Adobe software like Illustrator, Photoshop, Flash etc. etc. are industry standards and following those standards makes your life hell of lot easier. Honestly, without Adobe software on Mac every single advertising agency will switch to Windows in a heart beat. The moving image pro's with FCP really need PS and Illustrator support so they will be looking into Windows and Avid MC even if they wouldn't consider Adobe Premier.
 
Apple is not suing over any UI issues. They are suing because HTC ripped off the low level architecture used in the iPhone operating system. Read the pattens They are about class names and specific member functions of one class calling the member functions of a different class. It is about the very specific details of how the operating system is laid out.

You're really going to try and fake a point ?


The ‘849 Patent, entitled “Unlocking A Device By Performing Gestures On An Unlock Image,” was duly and legally issued on February 2, 2010 by the United States Patent and Trademark Office. A copy of the ‘849 Patent is attached hereto as Exhibit C.

The ‘381 Patent, entitled “List Scrolling And Document Translation, Scaling, And Rotation On A Touch-Screen Display,” was duly and legally issued on December 23, 2008 by the United States Patent and Trademark Office. A copy of the ‘381 Patent is attached hereto as Exhibit D.

The ‘599 Patent, entitled “Object-Oriented Graphic System,” was duly and legally issued on October 3, 1995 by the United States Patent and Trademark Office. A copy of the ‘599 Patent is attached hereto as Exhibit I.
 
Every time I think of this I see Steve Jobs throwing a fit because Android is on the rise, in a huge way, and its heading to knock over the iPhone. So he is retaliating.

Boy, Apple sure does know how to show their competitors a bunch cluster of attention. They just made the Android Operating system, HTC phones, and of course Google's Mobile division so much popular.

Go Android. LOL Apple trying to attack a the little guy company "HTC", great that Google is stepping in... Microsoft needs to step in too.
 
Every time I think of this I see Steve Jobs throwing a fit because Android is on the rise, in a huge way, and its heading to knock over the iPhone. So he is retaliating.

Boy, Apple sure does know how to show their competitors a bunch cluster of attention. They just made the Android Operating system, HTC phones, and of course Google's Mobile division so much popular.

Go Android. LOL Apple trying to attack a the little guy company "HTC", great that Google is stepping in... Microsoft needs to step in too.
Anyone that didn't see Android taking over should be examined. What happens when a good OS goes on tons of hardware? It spreads. What happens when it competes against one specific device? Duh.
 
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