Apple wins patent suit against HTC: All of android likely to follow.
Reinier Zwitserloot
Russel Winder
> More information
> here: http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-blow-to-htc-android-in-serious-trouble/13714
>
>
> The way I read it, the patent involved applies to everything from
> phones to MP3 players to computers to more. i.e. the usual completely
> ridiculous US Patent System is easily abused problem. Hopefully a
> saner judge will prevail in an appeal.
Whilst I think software patents should be excised from the system,
particularly given these two patents -- do read the patent detail on
Google Patents it will really frighten you -- it is almost certainly the
case that the judge has done the right thing here. This is not an issue
where a judge can make a ruling on issues of interpretation of technical
fact, only on interpretations of law. The law is relatively clear per
se, the patents are granted and since almost all software and signal
processing software and hardware violate the patents, Apple are on to a
winner: money for old rope.
The problem is the patents which are too broad, too general and
basically obvious. This can only be determined by technical
reexamination which is not for the courts, it is for the USPTO. HTC has
to take this to appeal for reexamination not because the current judge
was not sane.
>
> NB: ZDNet article quotes Florian Mueller a lot, who isn't known as a
> particularly reliable source; sensationalist headlines and an
> extremely pro-apple outlook are his usual mode.
>
>
> NB2: While you really should read the full thing, to give you a taste,
> one of the two patents involved has the following summary: "A system
> and method causes a computer to detect and perform actions on
> structures identified in computer data.". Well, oops. I better delete
> every piece of software I ever wrote, then, I guess.
>
That is the point. These patents are even worse than the Unisys linked
list patent. The USPTO have to rescind these patents, HTC has to appeal
on the grounds of reexamination and rescinding, and Apple have to accept
that they nearly, but not quite pulled this one off. But Apple will not
mind because they have done considerable damage to the Android marketing
machine and gained extra kudos for their own technology. Whatever
happens Apple will come out winners. As indeed will Microsoft, just by
sitting on the sidelines and cheering. HTC will have to make sure they
come out not losers.
--
Russel.
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Fabrizio Giudici
contest US laws, that is a somewhat complex and slow process. We can
contest corporates that live on such kind of patents. Apple in this
case. This should be a mass-targeted campaign involving also the man in
the street (of course, it would cost money, but also lobbying against
patents costs money; I suppose customer associations and various FLOSS
foundations could throw some money in - don't count on corporates, you
might think that Nokia and HTC would be interested, but in the end they
don't want to kill the patent system as now they're the loser, but could
be winner in other cases).
The message would be simple: don't buy Apple stuff. It's the highest
shame that the guys that pretend to be so cool about innovation are also
so lame to use broken laws to win the competition, instead of doing sane
competition.
The problem is that 90% of those complaining about patents has bought an
iPhone (*) and if you ask them for boycotting the company you can
imagine the answer.
(*) Not me, for the record.
--
Fabrizio Giudici - Java Architect, Project Manager
Tidalwave s.a.s. - "We make Java work. Everywhere."
java.net/blog/fabriziogiudici - www.tidalwave.it/people
Fabrizio...@tidalwave.it
Casper Bang
passionate area, unspoiled by politics and lawyers. Now I know I was
just young and naive.
> here:http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-blow-to...
phil swenson
> that the guys that pretend to be so cool about innovation are also so lame
> to use broken laws to win the competition, instead of doing sane
> competition.
You going to quit using Oracle products too?
All I can say is software patents should be abolished! The damage far
exceeds the benefits.
Fabrizio Giudici
>> The message would be simple: don't buy Apple stuff. It's the highest shame
>> that the guys that pretend to be so cool about innovation are also so lame
>> to use broken laws to win the competition, instead of doing sane
>> competition.
> You going to quit using Oracle products too?
made available by Oracle for free. In any case, we hile everybody is
still playing his favourite sport, bashing Oracle, I'd like to point out
that the Oracle vs Google thing is probably going to close with a
payment agreement; if the article about Apple vs HTC is not too
sensationalistic, we're rather talking about HTC being excluded from the
US market. Sounds a totally different thing. Perhaps due to the fact
that Oracle doesn't sell phones?
> All I can say is software patents should be abolished! The damage far
exceeds the benefits.
Well, right, but if "all we can" is "say", nothing is going to change.
Robert Casto
>> exceeds the benefits.
>
> Well, right, but if "all we can" is "say", nothing is going to change.
Exactly. All we can do is run around and scream while the giants play
their game. They have no incentive for the status quo to change, and
they certainly don't care about us. They make their money and right
now they are deciding how to divvy up the pie.
--
Robert Casto
www.robertcasto.com
www.sellerstoolbox.com
Igor Khotin
is clearly loosing to Android and now Apple wins patent suit.
They argue that Apple is came up with the whole iPhone idea and has
all rights to protect it. There are also a lot of talks on how
everybody copied iPhone. And that Eric Schmidt is a spy who has stolen
the whole idea from Apple while on the board of directors and gave it
to Google:
http://forums.appleinsider.com/showthread.php?threadid=128552
However, they forget to mention that patents involved are ridiculous
and have nothing to do with iPhone "invention" (they filled like in
90s long before the iPhone phenomena). And also that Apple did quite
well with GUI stolen from Xerox :)
Nobody is doing anything from scratch. Everything is built on top of
something. Only the degree of innovation is different.
On Jul 19, 3:30 pm, Reinier Zwitserloot <reini...@gmail.com> wrote:
> More information
> here:http://www.zdnet.com/blog/hardware/apple-deals-massive-patent-blow-to...
>
Justinas
And what about Europe?
j.
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BoD
> As it has been said, the US patent law is the culprit. But we can't
> only contest US laws, that is a somewhat complex and slow process. We
> can contest corporates that live on such kind of patents.
I generally agree with you.
I too think companies *don't* necessarily and always have to be
aggressive and use every possible legal-but-morally-questionable tactics
to make profits, because it's "just what companies do", and that it's
"just business".
BUT.
I also think there is little companies can do about this problem, even
if they *wanted* to do anything about it (they don't).
If one foolish company decides to be a "good citizen" and not
participate in the patents nonsense, surely they will be attacked by
every other companies and will simply cease to exist very soon.
I recall James Gosling talking about this in his blog, saying that at
the beginning, Sun did not "believe" in patents [not an actual quote],
but then they got hit very hard, the company almost died. After this
episode they just had to register lots of patents, like every other
company does.
So in my opinion a change can only be expected from lawmakers/elected
officials/politicians/activists/etc.
BoD