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Comment on This Apple-HTC Patent Thing

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I have to admit; I find myself agreeing vehemently with Gruber, PG and everyone else Gruber cited. Patents are typically defense weaponry. Your attack weapons are moving fast, innovating and implementing something.

Software patents are broken, and Apple's decision to whip out it's massive portfolio and start smacking people with it stinks of the "We want no phone inspired by the iPhone's design to exist", which (in my mind) isn't what patents are for in the first place - not to mention doing this is just, well, wrong.

The iPhone's concept revolutionized the handheld industry - and sure, if someone blatantly ripped it off, Apple does have a right to go after that company - but the HTC phones are simply "inspired by" - they're not clones, and while they have a lot of "features" which smack of the iphone, they're not replicas.

I'm an avid Mac user, own an iPhone - and I'll probably buy an iPad (still), but I for one want to see this suit fail horribly, or for Apple to withdraw it.

"I'm an avid Mac user, own an iPhone - and I'll probably buy an iPad (still), but I for one want to see this suit fail horribly, or for Apple to withdraw it."

Again, this is the reason why Apple will not change its ways. I wish people who speak out against Apple would back up their words with action.

It's painful, but I intend to -- I was planning on getting a new macbook pro soon (not to mention a bigger ipod), but while I love their hardware I think I've bought my last piece for some time now.

I'm in the same situation. I was waiting for the next generation macbook pro, but now I don't want to buy it.

Unfortunately, buying a windows laptop and supporting Microsoft doesn't appeal to me either. Now I have to decide if I am unhappy enough with Apple to justify the effort that a linux laptop would entail.

You may want to reconsider Ubuntu (the new LTS release will come out end of april). My apple owning colleagues were suprised how easy it is nowadays. Granted, i customized it a lot to match exactly with my workflow, but i guess i'm around 30% faster then i could be on a mac or windows, in terms of organizing tasks, tracking information/time, getting different tasks done.

Also, if you haven't tried linux for some time: gnomes' apps integrate quite well nowadays (contacts, mail, calendar on the desktop and if you use it, with google mail/contacts/calendar). In conjunction with an android phone it makes up for a pretty good and efficient working environment.

Given that this is a site for 'hackers', I would think that a lot of the effort involved in using Linux is something that will eventually be repaid in terms of a better understanding of how your computer and its operating system work, and increased freedom. Also, as others have said, Ubuntu is rapidly improving.

What effort would that entail?

Most manufacturers have an option buried somewhere deep in their websites to allow you to order computers at least without an OS preinstalled. Some offer Linux pre-installed; if you don't like the distro that comes on it, no bother, just install your favorite.

You might consider supporting system76. They sell computers with Ubuntu pre-loaded.

I'm in the same place. I was waiting for updated Macbook Pros with a Corei7 and now I'm going to take a pass. I don't like the way Apple is going and the biggest vote I have is my wallet. I'll probably end up with Ubuntu on a laptop from Lenovo or HP.

I'm a hackintosh user with an android phone and loving both (had a Mac and an iPhone). I actually feel glee every time I crack the hackintosh (Dell 10v if you're curious-- flawless so far). I'm a fan of Apple's products but I increasingly find the company... distasteful.

Oh, and as a bonus-- I can make phone calls on my cell phone again!

The problem is that there are so few hardware manufacturers that have such attention to detail as Apple does. So if you want a really high quality laptop to run windows, macs are probably still the only way to go. I've owned dozens of Sony, HP, Dell laptops and none of their build qualities match Apple's.

The Apple competitors suck. That's why we still buy Apple even when we hate them.

How about fighting patent system, not Apple? Why this suit particularly? Why not the one of Nokia vs. Apple? Or is that one OK?

I do not like software patents at all but I think this way of "fighting" them is just silly—even if it hurts Apple how does it help to abolish this nonsense?

I have no problem with Nokia vs Apple. They invented much of how mobile phone networks work (hardware) and have standard royalties with FRAND terms for the IP. Apple is the only major manufacturer to not pay. They aren't exorbitant fees and Nokia isn't trying to sink the iPhone by refusing a license. If Nokia hadn't gone after Apple they would realistically face other manufactures who decided that if Apple didn't have to pay they wouldn't either.

If you read Nokia's suit the "damages" they want are simply the past due royalties they should have paid in the first place and ongoing royalties for future sales. No injunctions or multipliers. Very reasonable as far as patent suits go.

> "No injunctions..."

That's flat wrong.

Nokia suit wasn't simply for past due royalties, and Nokia also asked for an injunction across a range of products, not just GSM. In their suit, every count says "unless enjoined by the Court" Apple will continue to infringe, and in Prayer for Relief, seeks a "permanent injunction" against "Apple's iPhone 3G, iPhone 3GS, iPod Touch, iPod Nano, iPod Classic, iMac, Mac Pro, Mac Mini, MacBook, MacBook Pro, and MacBook Air." (I'm disappointed they forgot the Apple TV.)

http://stadium.weblogsinc.com/engadget/files/Nokia_Apple_III...

Nothing "standard" about the royalties in question in Nokia v. Apple:

http://www.engadget.com/2009/10/29/nokia-vs-apple-the-in-dep...

When Nokia says Apple can't use GSM, or Kodak says Apple can't use picture previews, you just want them to withdraw those too? When they don't withdraw, will you just set your Mac and iPhone on a shelf till their patents expire, or would you rather have Apple jack up the price to cover licensing, or would you rather have Apple defend the products you've paid for?

I don't see this as Apple's "first strike since Apple v. Microsoft". The handheld market went nuts and Apple's been dragged into an existing fray. Cross licensing among competitors has become a kind of CC hedging. Notice that the cross licensing spats involve companies with devices not software, explaining HTC and not Google.

This handheld food fight has been going on a while. Apple got a few mashed potato splats to the face. It finally stood up and popped a tomato at HTC, and the rest of the kids realize it's standing there, now just a little ticked off, tossing a plump juicy red Roma in its throwing hand, with a whole pile more on the table.

Nokia never said Apple couldn't use GSM, they said they are the only large maker of GSM devices that don't pay a royalty for it. They were suing to make Apple pay up like everyone else.

Asking for an injunction is saying Apple can't use Nokia's claimed technologies:

http://stadium.weblogsinc.com/engadget/files/Nokia_Apple_III...

Arguably, Apple's not a maker of GSM devices. "Apple bought the chips and components that use the patented technology from a licensed supplier. Nokia doesn't get to double-dip and be paid twice if Apple's suppliers have a license to use Nokia's patents and Cupertino's just buying phone components without dictating design."

http://www.engadget.com/2009/10/29/nokia-vs-apple-the-in-dep...

Anyway, "suing to make Apple pay up like everyone else" seems again about wanting to hedge against Apple's disproportionate profitability per unit.

---

More context on Nokia's claims that Apple is using the technology in seven patents--related to user interface, digital cameras, antennas, and power management, and to create "key features" in its products--here:

http://arstechnica.com/apple/news/2009/12/nokia-hurls-new-sa...

http://arstechnica.com/apple/news/2010/01/nokia-adds-additio...

More on why Nokia started the fight, here:

http://www.roughlydrafted.com/2009/10/22/why-nokia-is-suing-...

Counter argument (it's actually not sour grapes, it's just very complicated) here:

http://www.engadget.com/2009/10/29/nokia-vs-apple-the-in-dep...

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