(thoughts) our biggest argument against android

[Dmunjal]

Completely agree. I've been using iPhone/iPad ever since they came out. I'm really expecting bug things from IOS 5.0. If I don't see some major improvements then I'll be looking at Android for the first time.

 

[brian2220]

I have been an android user for a while now and am tired of android. It's just the same every time. I am really looking forward to getting an iPhone this year.

 

[spinedoc77]

Do you even know anything about the details of this case, that is, other than what was written about it in Wikepedia?

Apple didn't originally sue Microsoft, they sued San Francisco Canyon. When they did, Microsoft attempted to contact Apple to discuss the matter, and Apple refused to meet with them. Microsoft then attempted to find out exactly what code it was that Apple was alleging been stolen, and Apple refused to tell them.

One of the most basic principles of civil law is that a plantiff has a legal responsibility to mitigate their damages, and Apple refused.



First of all, Apple never even claimed that Microsoft stole their code. Microsoft licensed that code from Intel, and had no reason to even suspect that any part of Intel's code even belonged to Apple. That's for starters.

Second, this is the United States of America and in this country, innocence is assumed until proven guilty in a court of law, and the burden of proof is on the plaintiff. I'm sorry, but Apple never proved anyone stole their code. What they actually alleged is that Microsoft knew that the program they licensed from Intel contained some of Apple's code. They didn't even have any solid basis for that allegation either. It's just what they alleged.

You want to call it theft when Apple refused to even discuss the matter with Microsoft, much less even tell them exactly what code supposedly had been stolen? Ok, in that case, since when does that justify blackmail? Which is basically what Apple's little "Quicktime Amnesty Program" amounted to, in which Apple attempted to force developers to switch from Microsoft's video program, to Apple Quicktime, threatening anyone who didn't, with a lawsuit. Further attempting to intimidate them by starting out suing San Francisco Canyon.

Now most companies would know that if they attempted to sue, they would be slapped silly with counter suits, and after pulling a cheap stunt like that, those countersuits would stand a far better chance of prevailing against them in court, but so what? Any, and every, one who won against Apple would never be able to collect because by that time, Apple would be bankrupt and out of business. Their opponents wouldn't even be able to recover their legal fees. You can't get blood out of a stone. Again, Apple had nothing to lose.

It wasn't until after Microsoft announced that they would provide legal defense for any developer Apple sued for using Microsoft's Video program, that Apple decided to add Microsoft to their suit against San Francisco Canyon.

Apple never actually claimed that Microsoft was the one who stole their code, but rather alleged that Microsoft knew Apple's code was in there, but again, refused to give Microsoft any information about that code, not even which part of the code was theirs, not even to enable Microsoft to remove it.

In case you're still not seeing it, Apple didn't really want Microsoft to simply remove their code. That would have ruined everything!



Hi No One, I'm Janet.



I would estimate Apple's chances of prevailed as roughly: A snowball's chance in hell. Why do you think the Supreme Court refused to hear Apple's previous suits?

And all of that aside, Microsoft would still have prevailed because they still had that cross platform royalty-free licensing agreement, that Apple had so nicely signed.



The only thing I consider a myth is calling that $150M a settlement. Although in my personal opinion, I feel it would be more accurate to call it a farce.

Of course Microsoft wasn't just being generous. They were covering their ass, but not from Apple's lawsuit. They could have squashed Apple like a bug.

Nice pwnage! Excellent information.

 

[Fubar1977]

Why can't the platforms coexist?

I have an iPad, but my phone is an HTC Evo. Competition is good, and they both have their strengths and weaknesses, it doesn't all come down to the app selection - remember, size isn't everything.

Quite agree.
I have an iPad but my phone is an HTC Legend. Competition is usually always preferable to a monopoly.

 

[Janet1]

Nice pwnage! Excellent information.

Thanks!

And I also believe that San Francisco Canyon actually wrote the disputed code. It's just that Apple is contending that it belonged to them because they were under contract. Of couse, as the case never went to court, even that's never been proven, and some question remains whether that particular section may have been written prior to entering into that contract.

Programmers write code all the time, and not all of it necessarily gets used as projects frequently get changed, scrapped, or halfway through, the decision is made to move in a different direction. So codes get shelved, stored for possible use in future projects. If so, whether or not it becomes the property of a subsequent company depends on the terms of the contract.

For Microsoft to have know that particular section of code belonged to Apple, they pretty much would have had to have been given access to every code, and every contract that both San Francisco Canyon and Intel had ever entered into with 3rd parties, for their review and study, and that just doesn't happen.

As I recall, it was also just 1 file, and just a portion of that file at that, which was easily replaced. Trying to make a federal case out of something that minor that minor instead of pursuing other recourse, which they were offered, would seem ridiculous. That is, until you find out about the hidden agendas behind it.

 

[Tarzanman]

Thanks!

Janet... you're clearly either a dev, or a lawyer. Glad to have your input and knowledge on the board!

 

[henchman]

Janet, you rock.
I love to see someone getting their butt kicked by someone with actual, proper facts.
Who obviously is educated on the subject.

Awesome.