
Please please please
Let it go HTCs way and get apple battered by the system they have abused so much.
Probably too much to ask though as it's a US court
Apple may be banned from importing its new iPhone into the United States if the International Trade Commission in Washington DC finds that Cupertino has violated an HTC patent for connecting to the 4G network. Apple is subject to an ongoing investigation by the the International Trade Commission under Judge Thomas Pender, …
"Fandroids sharpen your knives, sharpen your wit because this is being served up to you on a plate. Don't let me down now."
Android can compete on technical merits. Please, let companies compete because this is good for all. Apple, Windows Phone 8, Android... It's ridiculous for anyone here to be cheering when a product is banned or suspended or fails for non-technical reasons. At least it's ridiculous unless you happen to have a lot of shares in their rivals. For the rest of us, we should cheer every time a good new feature comes out whether that's for WP8, iPhone or whatever. I have a Windows phone and am getting a Win8 tablet. Was I dismayed when Apple produced the Retina display? No - it moves things on.
Companies are not football teams. Wanting the iPhone to be banned in the USA is not a good thing.
I agree with everything you say h4rm0ny, but...
"Companies are not football teams."
Have you ever counted the number of times Apple (for examples sake only - honest) can cry "Foul ref!" in 90 minutes?
"Wanting the iPhone to be banned in the USA is not a good thing."
True. But it would be damned funny.
I have always wondered why El Reg fails to put an age restriction on the site. It would prevent the large number of pubescent teenagers who appear to enjoy fondling their Androids because, as the old argument is regurgitated time after time, 'I want to do what ever I want with my phone,' Personally I use mine to make calls, however it you want to stick it up your ars* then I have no objection. Whatever rocks your boat.
Now I know going through puberty has quite an effect on your brains, tantrums, shouting, thinking you are always right, mood swings etc but please if you post be constructive. It's just that the Juvenile ranting is just... Well juvenile, I mean most of you that rant about Apple have never owned one and only have Android phones because you can't afford an iPhone or can't persuade your parent(s) to buy you one for your birthday. It will soon be Christmas maybe ask them again?
I know it's tough seeing people walk past with the latest and greatest of iPhones and iPads, and you can only afford a middle of the road Android phone, I know you will tell me it was your choice, but we know deep down it wasn't.
That doesn't mean that you should let the big green eyed monster take over your life. Maybe soon you will be promoted from low paid job, get a chance to go to college. The whole world is out there for you, once you get a good job you won't have to rely on the Bank of Mum and Dad and can finally buy one for yourselves. Good luck to you.
Speaking of juvenile behavior in the forum, i do not know whether anonymous people can down or upvote because i have not tried. Also, i do not down vote, but i definitely do upvote. I feel that downvoting should come with the burden of exposing oneself and having to make 3 counterpoints to justify the downvote, at the peril of permanent banning for rank and ranking abuse of a site. Will, alas, just have to accept the fact that it is ok to anonymously or without counterpoints assail my comments (most of them taking apple and that other judge to task), knocking me down by over or almost 100+points in a few days, as if to negate not WHAT i say but THAT i say something at all.
Well, just as karma and payback are being a bitch to apple, i will prognosticate it will so be for those who bully or harbor bullying, too. One day, i foresee, major sites will be forced to identify, track, warn, and route bullies. I see the downvoting as a form of bullying. Jst as apple's conduct is being seen as such.
Some may be interested in this:
"Is Apple Turning into a Patent Troll?
http://koreatimes.co.kr/www/news/tech/2012/09/133_119451.html
I posted the 1st comment and just to put you straight -
I am mid 30s, wife, kids, car, house with a decent job and could afford an iphone many, many times over. I wouldn't buy one though even if it was the best phone on the market (which it isn't) because of the truly shitty way Apple have behaved over the years. As for juvenile, re-read your post and see who comes out the most childish here. Did I mention android? My statement made it blatantly obvious that I don't want Apple to win because of their behaviour, nothing else.
Why is it Apple fans automatically assume that the only reason people don't buy Apple is because they can't afford it? Why do they have to throw a screaming tantrum every time somebody disagrees with them and start name calling. Is it because they don't have the brains for an intelligent rebuke?
That brings me to the other reason I won't buy Apple, which is the exact same reason I didn't buy a BMW last year when I bought a new car even though I did like it on the test drive and that reason is because everybody knows that a very large percentage of those who buy those brands do so because they are egotistical, arrogant cocks who just want to show how well off they are and think themselves so much better than everybody else and I prefer to distance myself from such people.
What's wrong with Kia? They make solid reliable cars, but for your information no I don't but I certainly wouldn't be bothered if I did. You will notice that I didn't mention what I ended up buying because it doesn't actually matter. I don't need a brand to make my life feel complete.
Henri
(proud owner of a 27-speed bike with aluminium frame)
Presumably not an Apple fan then, or else your bike would have one fixed gear which would be considered a 'square' with very rounded corners and would therefore be a unique design point which crApple would have patented.
does Apple make motor cars
No but if they did they would only run on 5% of the roads, require a totally unique form of gas/petrol to run that can only be bought (at a premium) from Apple gas/petrol stations, and only people with beautiful butts would be allowed to sit in them.
anon posts could be made sense of if they had suffixes, not just time stamps. And the suffixes should help identify those appearing to come from the same person who appears to be using the sam browser, machine, and tping pattern. Yes, i am aware that one ip address may be serving a hnadful of simultaneously reading followers (or stalkers)...
anon posts could be made sense of if they had suffixes, not just time stamps. And the suffixes should help identify those appearing to come from the same person who appears to be using the sam browser, machine, and tping pattern. Yes, i am aware that one ip address may be serving a handful of simultaneously reading followers (or stalkers)...
How childish, to base your choice on your perception or misperception of the nature of other customers rather than honest appraisal of your needs ( practical, not psychological) and the merits of the product. Sounds as if BMW and Apple make excellent products for those of us grown-ups who are not spoiled know-alls
I've suggested we replace my wife's Kia with something a little more upmarket, but she won't hear of it; it meets her needs perfectly and is cheap to run. One of her friends went and bought an identical one on the strength of a trip in it. Anyone who thinks brands are important either works in marketing or is a loser, I'm afraid; what matters to sensible people is how well something actually does the job. Every manufacturer has had rubbish products, some have had good ones, some have had excellent ones. The Internet makes it possible to find out what these are. Life is that bit better if we make sensible use of it and don't get swayed by prejudices.
"All of the Kias that I have bought in the past have been exceptional, hard working cars that were great value for money."
I can't afford a Kia because I just have to buy a new iPhone, iPad, iPod Touch, iPod Nano, iPod Classic, iPod Shuffle, iMac, MacBook Air and Mac Pro every single year to look kewl to my latest bff and they all work exceptionally hard... At fleecing me of all my hard earned money that mom and dad give me.
Actually I no longer buy Apple for the same reason I don't drive a BMW: the cost of ownership of both is unnecessarily high. Thirty years ago a BMW was significantly better than, say, a Peugeot or a Toyota. Nowadays I'm not sure that is true, but they certainly cost a lot more. Twenty years ago a Mac was better than any IBM PC, and was very significantly cheaper than a Unix workstation. Now I have to ask whether a £20 aluminium case and pretty attachments is really worth paying about £600-£900 more for - yes, the Powerbook display is nice but you can't actually see the difference when working (and if I need high res I'm connected to a 27 or 32 inch monitor anyway).
It really is time that a judge or two stepped firmly on the myth of Apple exceptionalism, because the litigation frenzy they have triggered around functionality that, in the great scheme of things, isn't very significant is bad for the industry. If the only way products can differentiate is on a few minor, barely functional software features, that's a sign that the ideas factory has ground to a halt.
@ribosome
I think you'll find the TCO of Apple laptops/desktops is actually significantly lower than other brands due to the insane resale values. This is particularly true if you buy refurbished gear direct from Apple, which usually yields a 20-30% discount over list, basically new products and a full warranty.
Just as an example, I sold a 4 year old MacBook Air a few weeks ago for 70% what I had pay for it...
I'm not saying you have to run OSX on your hardware (you could run Windows or Linux), but from a purely economic standpoint, buying Apple gear makes sense. This is also true for tablets & phones, although then you are pretty much stuck with iOS.
You are not paying just for the materials. The real cost is the design, research and engineering. That's why Apple was first and the others just copied.
You pay a plumber €80 or more to do half an hour of work. But really you pay for the training and experience so that he can do it in that time when you can not. If you could design and makee that case for your price or repair the central heating as quickly as the plumber, perhaps you would. But you can not or you too would be rich and famous.
Simple: for the same reason Apple haters call them overpriced toys. They hate that others have made a different choice as they did and assume the others chose wrongly, so they feel a need to justify their own choice by denigrating those who chose differently.
It is funny because an iPhone costs pretty much the same as a GS3, so obviously every GS3 owner could clearly afford an iPhone if they wanted one. Since both cost a similar amount to build, both Apple and Samsung are making a huge profit margin on each one sold. Thus both easily qualify as "overpriced", if you are using the "Apple is overpriced" definition of overpriced as creating large profits for the company selling them. Everyone who bought either one obviously believed they were priced fairly, or they would have bought one of the many phones that costs far less than either.
GS3 has more features and is bigger, that would explain to me why it costs the same. Having seen colleagues with the Iphone 4s and GS3 the fact two of the Apple fanbois traded them in for the GS3 and it's improved features is proof (to me at least) the difference are significant. And easily identifable to Apple fanbois.
I don't have either as my current phone is okay, but things like removable battery, sd card and then all the sofware stuff seem to make up for the price hike over the S2, and there isn't fruit anywhere near it.
I wish HTC all the luck in the world, but the US is bias in favour of home industries so I think only Google will really stand a chance, until the US patent farce is sorted out.
"because everybody knows that a very large percentage of those who buy those brands do so because they are egotistical, arrogant cocks"
I resemble that comment, I bought my 2nd hand BMW because its fun to drive. It's only a complete coincidence that I look like a complete cock when I drive it with the top down.
"The burden is on the plaintiff to prove validity, not the defendent to prove invalidity."
This would be the exact opposite of how the legal system works, and the exact opposite of common sense for that matter. The defendant proved the patent was valid when they registered it (in theory anyway). If you want that overturned, you better come with a case. The onus is on you any time you want to attack an established position, why is this weird? Much less warrant calling the judge a fuckwit?
"No only that, but a small but significant portion of devs is switching to iPads (with external keyboards)."
Are you kidding? I mean, the first statement was implausible, but this is just ludicrous. Quick: Name a C++ debugger for iPad.
"Did I mention android? My statement made it blatantly obvious that I don't want Apple to win because of their behaviour, nothing else."
Let me check that for you....
"I have always wondered why El Reg fails to put an age restriction on the site. It would prevent the large number of pubescent teenagers who appear to enjoy fondling their Androids because, "
Yes, yes you did. In your old age you appear to have gained dementia.
"I posted the 1st comment and just to put you straight
I am mid 30s, wife, kids, car, house with a decent job and could afford an iphone many, many times over. I wouldn't buy one though even if it was the best phone on the market (which it isn't) because of the truly shitty way Apple have behaved over the years."
Who cares? I mean do I really care whether you wanted an iPhone or not? Same as whether you wanted a BMW or not - it's not something that really matters to anyone, even yourself.
Just buy whatever. And relax.
IMO it all started when Reg Hardware got it's own site. It seemed to become a Mecca for teenagers to argue about iOS vs Android, PS3 vs Xbox, or just come up with as many childish names as they could think of for Microsoft.
Then they appeared to discover the forums on the main site and we ended up with this crap. The only good news is that the summer holidays are ending pretty soon.
In Canada, most PFY have Apple products. Also fashionistas are big into Apple.
Here it is IT Pros who are anti-Apple (and I own an iPod Touch and have in the past been stuck with Macs on my desk).
We are anti-Apple because Apple is anti-standards, anti-competition, charges way above the going rate, inhibits customization, and for the past several years has technologically far behind.
I find it hard to believe that anyone with more than 5 years programming or level 3 tech support experience would (overall) defend Apple over its competition.
"We are anti-Apple because Apple is anti-standards, anti-competition, charges way above the going rate, inhibits customization, and for the past several years has technologically far behind.
I find it hard to believe that anyone with more than 5 years programming or level 3 tech support experience would (overall) defend Apple over its competition."
I'll give you a heads up since you clearly have no idea what you're talking about. From a developer's perspective, Apple is extremely pro-standards, and if you have any development experience on any non-Microsoft platform (Linux, FreeBSD, QNX, etc. etc.) then you will feel right at home with OS X. Which explains why, e.g., almost all developers at Google use Macs. And those guys are not sub-par or inexperienced.
Frankly it is great to see a company with the size and influence of Apple using standards, helping improve standards, and working to create standards when needed (e.g., OpenCL). They're the opposite of Microsoft, who is constantly creating new tools and languages and libraries for no reason other than to lock you into a Microsoft ecosystem (e.g., dropping support for OpenGL and creating DirectX, etc.).
Hmm, I'm in Silicon Valley where we have a lot of experience devs, to say the least.
Macs are by FAR the most common computer in use, probably 80-90% of devs use them, particularly laptops. Going to a conference, you are surrounded by a see of Macs, other machines stick out like a sore thumb. No only that, but a small but significant portion of devs is switching to iPads (with external keyboards).
Here, basically 'IT pros' are anti anything NOT Apple (at least for desktops & laptops). It's the PHBs who argue for MSFT, mostly due to cost and accounting systems running only on Windows. Like someone else said, Google runs on Macs, so do most startups. MacBook + Amazon + coffee = Silicon Valley startup.
>Macs are by FAR the most common computer in use, probably 80-90% of devs use them,
I guess you're talking about San Francisco when you talk about Silicon Valley.. A fair few of the "devs" in SF are basically posturing wastes of space. It's not surprising that so much of what comes out of SF is barely working "fluff".
>portion of devs is switching to iPads (with external keyboards).
So the "devs" you are talking about are scripters .. probably working in Ruby?
>Here, basically 'IT pros' are anti anything NOT Apple (at least for desktops & laptops).
You don't know enough 'IT pros' then... maybe you mean "I'm the best thing since sliced bread" Ruby devs that seem to make up so much of the 'IT pro' population in SF?
>MacBook + Amazon + coffee = Silicon Valley startup.
From my experience of Silicon Valley startup the guy with the MacBook + Amazon + coffee is the biggest waste of space in the whole place.. The self appointed ideas man.. maybe the guy that put in the most cash but won't get out of the way enough to actually make the company work. The people that are actually trying to get shit done so they still have a job at the end of the day so they can pay the rent for their shitty hovel across the bay don't really care what computer they have (except maybe iPhone devs, they are a bit fooked if they don't have a mac).
Plus, most likely many are buying the gear as obvious status symbols to "prove" they are "serious, highly-paid developers".with lots of dough to blow. Yeah, yeah. Most developers I've met wouldn't be seen dead with Apple gear, or MS for that matter, both are deeply uninteresting and uncool for them.
I agree. I was talking about having access to 2G being important when out in the sticks. Hence me not being on 3 for my phone. Some pratt on here said "2G? that's like dial up Internet speeds" lol.
Erm, have you never heard of using a phone for calling people? especially in emergencies if you break a leg mountain biking or walking.
I'm sure the phone part could be removed on my Fandroid phones and nobody would even notice.
I have an iPhone and I'd still like it to go HTC's way.
I quite like my iPhone 4, but I like choice and competition more as it encourages innovation. Personally I think Apple is a bully and wants to stifle competition and innovation.
Let's face it, the iPhone was a game changer when it was released, but since then what has Apple done with it that's been really innovative? Not much; instead they've started copying features from Andriod (the pull down notification panel is a good example).
Apple is quick to copy and adopt good ideas from others, but then act indignant about competitors using rectangles with rounded corners, as if they thought if the idea.
Here's a dose of reality for your fanboys blinded rant-the 4S is the most disappointing phone I have ever owned,
poor battery life and cant even transfer large videos to a PC with its own software. I will be buying android next time because its better, except if you value form over function. Being a Apple fanboy thats a given
MEH. meh and an extra pint of MEH for the weekend.
I have been motivated into such a furious state of apathy by this heinously tedious bun-fight over which mooing prole enticement logo is better, A or B. Liliputians and Brobdingnagians have nothing on you guys.
Can anyone come up with a new argument FFS?
Your's with extreme indifference,
Lahn.
“I have to be pretty darn certain a US patent is invalid,"
A strong candidate for "Fuckwit of the Year".
The burden is on the plaintiff to prove validity, not the defendent to prove invalidity.
To say otherwise is to wade deeper into the shit-for-brains US Patent mess they have made for themselves.
The Courts should be turning their backs to any software patent claimant.
“I have to be pretty darn certain a US patent is invalid"
I am pretty sure this was a statement by an ITC judge, not a circuit court judge, and it was in regards to an Apple motion to invalidate the patent completely. The ITC only decides on whether or not to issue an import ban and generally "assumes" a patent is valid. If the patent is questionable, I think that part of the case goes to a circuit court.
Funny how those who moan about Apple going for bans of rivals are all too happy for the same to happen to them or anyone else.
It's all or nothing. Either everyone is allowed to do it or nobody is allowed to. You can't be selective in who you condemn.
HTC's patent is probably bullshit and should be a FRAND item anyway.
I am getting sick to my back teeth of popcorn to be honest.
But if HTC successfully get the iphone banned in the USA then my desktop wallpaper on my pc will be Nelson Muntz pointing at a beautifully rendered apple logo with "HA HA" in giant letters !!! along with the start up and shut sown sounds to match !!!
The FTC has already asked the ITC not to issue exclusion orders based on FRAND patents, a call backed up by most of the mobile industry. HTC bought the patents in question from a company who was involved in the standards setting process, but hadn't declared them. On that basis they should either be required to be FRAND or ruled invalid.
i think you've failed to read my post. The company that created them was involved in the standards setting process. They were under legal obligation to declare them so the standards body could either engineer around them or include them in the patent pool (at which point a FRAND declaration would be required).
Because of this the patents can be found invalid or forced to be FRAND. Both HTC and ADC (the original owners of the patents) are also likely to get themselves investigated for anti-trust behaviour. Either way Apple's counter-claim has been separated from the case and sent to Federal court. It's unlikely that the ITC will make a decision prior to the conclusion of the case.
From the point of view of other manufacturers is a very bad precedent allowing HTC to own a standards-essential patent without there being a FRAND commitment. They could use it against any other company to force whatever price they like. Samsung could effectively be banned from the market also for example.
The only problem is that I am not sure we know what rules were in place during the standard setting process. Rambus did something similar when they sat on the JEDEC committee when the DDR specification was being drafted. They got some of their patented technology incorporated in the specification and then went after all of the chip manufacturers for excessive royalties.
The FTC tried to cap the royalties, but I think eventually the Supreme Court ruled that nothing in the standard setting process actually required them to declare their patents, so there was nothing inappropriate about their lawsuits.
I am pretty sure this caused many, if not most, standards setting organizations to tighten down their rules for patent declaration. Every sub-committee meeting I have sat on since the mid-2000s has begun with a call to declare any relevant intellectual property. I suspect that most standards setting organizations will once again tighten down their rules to ensure FRAND compliance.
"The sooner the politicians are forced to fix the broken patent system in the States, the better."
The patent system isn't broken for the politicians. Most US presidents have been lawyers; likewise most senators.
The patent system is by and large working well for these guys; they don't give a shit if it's working for anyone else.
You're assuming that these are FRAND.
LTE is a global standard that did the usual FRAND patent pool thing, so any patents that are required to implement it are covered by FRAND licensing.
If companies are coming to Apple and asking them that they pay the same dollar amount per phone as anyone else for using their patents and Apple doesn't pay, then Apple is in the wrong and should be found liable for willful infringement and pay triple damages. Stopping sale of products is not an option under FRAND licensing rules, but triple damages is basically 3x more than they'd otherwise pay plus they have the pay the other guy's legal costs (which are notoriously easy to pad when someone else is footing the bill)
If companies are coming to Apple and asking them that they pay far more than the same dollar amount per phone as anyone else for using their patents (i.e. asking 2.4% of the retail price of the entire phone, rather than 2.4% of the price of the baseband chip that actually uses the patents) then Apple is fully within their rights to not pay until the company agrees to let them pay the same price as they charge anyone else. This is the "ND" (non discriminatory) part of FRAND licensing. Just because Apple is suing you over something else doesn't mean you get to charge them more, if you don't like this you should have not taken part in the LTE standard and your patents wouldn't have been used to create it.
I know Apple haters don't like this because they want to see Apple get raked over the coals, but while you may cheer if Apple gets screwed by FRAND patents for 3G and 4G, don't forget that Apple holds a bunch of patents necessary to implement MPEG2 and h.264, among others, so they could turn around and use those FRAND patents in the same way if FRAND abuse were to be upheld by the courts. And who knows what all they got when they bought Nortel's patents. Besides, forget what Apple would do, think what NPEs would do if they got hold of some FRAND patents and decided to hold everyone hostage for $100 a phone if they wanted to support LTE or video.
"want to see Apple get raked over the coals, but while you may cheer if Apple gets screwed by FRAND patents for 3G and 4G"
If Apple loses the case it will be because they tried to use something patented without paying for it.
On that basis I would applaud karma for the rapid response.
"Apple holds a bunch of patents necessary to implement MPEG2 and h.264, among others, so they could turn around and use those FRAND patents in the same way"
Err - only if people are using those FRAND patents and not paying for them. Apple can't "use" those patents in the way you're implying, any more than a Police officer "uses" the law in prosecuting a thief.
Besides, if Apple had a way to hit back at HTC like that the writs would already have been issued - the fact Apple aren't countersuing says they don't hold any patent cards...
So the FTC is going to bat for a US-based importer over a foreign firm.
This is typical of US government, courts and businesses. Americans are biased against foreign companies. This is a big problem for companies in Canada. Even though in social situations Americans treat us very well and we're all buddy-buddy, when it comes to business we're just another bunch of foreigners to be treated like lackies.
No, the FTC seems to be fairly impartial since they are also against Motorola Mobility (Google) using FRAND-pledged patents to win import bans. It just happens that more foreign companies are turning to standard-essential patents in their fights with Apple, while Apple and many other US companies have pledged not to use their standard-essential patents to fight for import bans.
The appear to be two problems
1) The definition of FRAND. - The price one company considers fair and non discriminatory for licensing it's patents is not the price some other company considers fair and non discriminatory to licence them.
2) The companies involved often seem to act like spoiled children.
I don't have an answer to these problems, but should suggest banning the products (all products) of both companies (in all cases of patent dispute) until they come to an agreement, or litigation bears a result. Oh, and no damages to be awarded - just whether the alleged infringing product can go back on sale.
I'm sure their irreconcilable differences would suddenly be reconciled.
1. LTE does not have a clearly defined patent pool.
2. The LTE standards in 3GPP do not have clear and explicit list of patents attached to them the way the 3G, GSM, GPRS and Edge used to have.
All in all - there are very few (if any) FRAND LTE patents. The big telecom operators were blinded by the idea of the "money to breath in/money to breath out/money to think about the right to breathe" which IMS was supposed to give them. So they forced the standard bodies to skip the patent pool and the other IPR niceties of the standard setting process.
By the way, even if Apple rounded corners will not make the lawmakers sort this out, the coming LTE IPR war will.
Perhaps so, but I've read that Apple owns 5% of all LTE patents (probably due to their acquisition of Nortel's patents) so if it comes down to a LTE IPR war then Apple will have guns big enough to blow up everyone else just as they themselves are blown up.
The end result could be that all LTE phones are pulled from the market and we all use DC-HSPA+ (which is faster than almost all current LTE implementations anyway)
I am not sure whether we know these are standard-essential (cannot be worked around) patents or not. I believe Apple is arguing that the company that sold these patents to HTC participated in the 4G standard setting process but failed to declare them as standard-essential patents as a way to avoid FRAND licensing requirements and thus committing fraud. In some ways, this sounds a lot like the Rambus lawsuits, and will probably take years and go all the way to the Supreme Court to get sorted out.
In this case, HTC is arguing that they do have to license these patents at all, because they were not declared during the standard setting process and are, therefore, not subject to FRAND licensing restrictions. Apple is arguing that the original owner committed fraud by participating in the 4G standard setting process while knowingly not declaring it had patents on technology being incorporated in the standard.
Surely Apple doesn't make its own radio/baseband/etc. chips and driver stack. I assume these are licensed from Qualcomm or similar just like every other phone manufacturer, and that company would be responsible for licensing the appropriate patents. And if Qualcomm did violate HTC's patents, that means a BUNCH of 4G phones have to be taken off the market...
It all would come down to the language in the license agreement Qualcomm, etc. would have signed with the owner of the patent. It is possible for the license to allow Qualcomm the right to incorporate the technology into a chip but not pass on the right to use the technology to Qualcomm's customers. Qualcomm's customers would then have to license the technology directly from the patent holder. Unfortunately, this happens a lot with chip vendors.
In this case, Apple is arguing that the owner of the technology was involved in the 4G standard setting process but chose to not declare these patents as standard-essential to avoid having to agree to FRAND licensing terms. It sounds like Apple's argument is that the original owners kept the patents secret until the market situation made their "non-FRAND standard-essential patents" very valuable as a strategic weapon. If that is true, it is likely that Qualcomm had no idea they even needed to license the technology.
"It all would come down to the language in the license agreement Qualcomm, etc. would have signed with the owner of the patent. It is possible for the license to allow Qualcomm the right to incorporate the technology into a chip but not pass on the right to use the technology to Qualcomm's customers. Qualcomm's customers would then have to license the technology directly from the patent holder. Unfortunately, this happens a lot with chip vendors."
Much like Dolby technology was built into soundcard chipsets, but on cheaper models was disabled by software, as they were not licensed to use it. See Daniel_K - creative drivers for example.
"The idea is if parts or aspects of the device violate the patent, the device can be banned, even if those parts or aspects were purchased."
Maybe, maybe not. It depends on the license terms that that "part vendor" agreed to with the patent owner. If the patent owner agreed to let the "part vendor" incorporate the technology into a "part" and allow the part vendor's customers to use the technology when they buy the part, then their is no issue. Most chips implementing standard-essential technology use this method, and the royalty cost is baked into the purchase price of the chip itself.
"HTC originally accused Apple of eight patent infringements but that has been whittled down to two in the past year. Both are for data transmission in wireless devices."
But haven't Apple (and every other computer manufacturer) been transmitting data in wireless devices for the last 13 years or so?
haha love it you go htc you sue them and prevent that absolute joke of a block the crapple phone and tablet from get ten in to the USA that will teach crapple a lesson for suing others even though this technology has been out years crapple just brought it on a new device that's it. really what this is about is crapple preventing others from been dominating because crapple want to be no1 and no one else gets a look in. sorry but the market don't run that way customers should be allowed to buy what product they feel works for them. oh yea I read a comment on another site about motorists having new cars but have old 30 pin connectors for the iphones some guy said that why don't they use the usb cable with there iphones to connect into the usb in the car sorry but it don't work you have to buy a special adapter for iphones shows how good iphones are eh. my mother has a mp3 player with a usb cable and she can play songs no problem usbs in cars don't work with crapples. i wil never touch any iphones or any crapple period there a over hyped piece of crap end of story.
Your standard of literacy isn't getting any better. What are you, 12?
EVERY time there is a major shake up in a market the same thing happens. There are a bunch of law suits over who owns what. After a while it all settles down and life goes on as normal. Examples? The IBM PC, IBM sued all and sundry over the copyright of their ROM. The GUI, Apple sued MS over features they invented for the GUI (repainting uncovered windows, finder etc). Now we've got the battle over mobile devices.
You can say Apple doesn't deserve this ..
You can say almost anything.
But the fact is, Apple deserves this. Apple has been abusing the patent system since it patented the Xerox-invented graphical interface Apple uses on its Macs.
The US's patent system needs overhauling, and until the only recourse is to dish out to Apple what Apple so eagerly dishes out to everyone else.
Can you at least do some research before coming up with these ridiculous posts. Back in the days of Apple vs Microsoft over the look and feel of the Apple GUI software patents weren't allowed, so no, Apple didn't patent the GUI.
Second the case was ONLY about the bits that Apple had added and were not present in Xerox STAR.
Thirdly Xerox sold Apple the rights to commercialise the technology.
From the likes and dislikes of the various posts it looks as if Register readers are 15% pro-Apple and 85% anti-Apple. If overall sales would be in the same proportions we wouldn't have the Apple-sue-everybody problem anymore as they would be bankrupt. Too bad that is not the case (yet) !
I read this differently. 85% are anti bullshit. Some of this 85% probably like and own Apple products, but all of them don't like the way Apple have been erm... aggressively litigious, and are now thinking 'What goes around comes around'. 15% don't believe Apple can do any wrong.
I had my eye on a Mac Cube back in the day, but gave up that idea with deep regret since it appeared to be hard to swap components, and since they tried to corner the MP3 player market I gave up on them in disgust., seems history is repeating itself again, except with tougher competitors this time.
When will some people realise that we DO NOT all want an iPhone 5 or an iAnything. It has nothing to do with the price either. If I wanted an iPhone 5 and an iPad 3 and they were in the shops right now then I could go and buy one with the cash currently in my wallet.
I don't want an iPhone. Stop assuming I do!
Hehe... It's been 25+ years since I moved out of the "basement".
Thanks for reminding me of those days - I actually had better cashflow then :) If we translate that money into today's money I could probably buy a bucket of iDevices and use them as Frisbees (aiming at your rather thick scull).
Those were the days - knowing to ref/deref a few pointers to financial data and inventory and not coredump was enough to fetch you 3-4 times the average salary in a country. More than enough for a "basement dweller" which is still in high school.
So let's follow this tape (yes, I'm that old) through to the end.
- All of the players (who don't seem to grasp the concept of MAD) get injunctions to prevent each other from selling phones.
- The phones which are in use eventually break.
- Society crumbles because far too many people can't remember how to communicate without holding a bit of plastic to their head (though some take comfort by holding a margarine tub next to their ear but it's just not the same).
It's ok though. *I* have the patient on: a method or system of communication involving a length a string and two tin cans WITH ROUNDED CORNERS. I'm also in the process of devising a revolutionary new system in which you talk to a person within hearing distance without using any sort of gadget at all. I know it sounds a little too sci-fi but it could catch on.
Uh...last I checked, a tin can (or any cylinder for that matter) doesn't HAVE corners. They may have edges, yes, but they're kinda hard to round without (a) defeating the function of the can, and/or (b) turning it spheroid, which can draw it into a whole other patent territory.
As much as I want to see Apple getting a kick in the corporate conkers, this is just getting silly. The courts should just start rejecting USA patents out-of-hand and let people get on with their lives.
Oh, wait, what about the big corporates who rely on patents? (Let's face it, they don't protect the little guy as the little guy cannot afford the legal fees). Frankly, sod them. Sod them all.
Ladies Ladies! Calm down. The article is about the possibility of idiotPhone5 being banned from US import. You'll still be able to purchase your next fix of 'status' (cause you'll never earn it) elsewhere.
The lasses who bang on about being able to afford an idiotPhone obviously need a phone to make them feel worthwhile. Of course it has the complete oppposite effect and clearly demonstrated here.
Have you "people" stopped to read your own spoutings? Do you realise just how fcking stupid and pikey you sound? Stop fooling yourselves! You BOUGHT a PHONE, you haven't been given a knighthood! Your choice of handset lulls you into a very much false sense of superiority on the belief that other can't afford a POXY PHONE that you can GET FOR FREE!
No, I'm not a fandroid or iHater. I HATE YOU not Slackle, because your completely blinded by your phone and so stupid you can't see it.
Stop being sheep and earn your own pride, don't purchase a shitty phone then proclaim yourselves as a fcking GOD!
The launch of a new iPhone is deeply traumatic time to young Obviously!. He has to endure pages upon pages of iPhone reviews, each one has to be devoured before he can go to the comments section and let his wisdom guide the poor deluded saps who are in need of his teachings.
Sometimes however, the relentless barrage of iPhone stories is too much for young Obviously!. In times like this, a little rage is likely to pop out, which is fair enough really. Without Obviously!, we would all be in thrall to the obscenity that is the iPhone. You malicious down voters need to accept the Word of Obviously! into your hearts, and start anew on the path to Androidiness.
Report card
Implying iPhone owners are sub-human: 1 point
Implying iPhone owners "buy it for the status": 1 point
Keyword bingo: "Slackle", "Fandroid", "iHater", "idiotPhone": 1 point each
Implying iPhone owners are idiots: 1 point
Obviously! rage rating: 7
What a hate filled, misogynist, racist and homophobic yet humorous diatribe. Not humorous in the way you intend mind, laugh at not with if you know what I… Never mind, too complicated for you to understand. So you hate me, having never met me or the other posters here, because of the mobile phone I choose to buy with my own hard earned? I'm just going to have to mock you every time you post something, because you are a ridiculous parody of yourself. To think, you actually believe what you write. Truly awesome! I wouldn't believe it if I could see it for myself.
The whole idea of patents was to protect the inventor. Now it seems the idea is to cripple your competition and prevent sales of similar competing products. The system is now penalising invention and thats only bad for customers. I doubt very much that any US judge is going to find against Apple and ban imports. Its a mess ,the consumer is going to suffer and perhaps the Chinese workforce who will have to bear the brunt of the inevitable cost cutting to pay for the patent wars.
The Chinese are dumping their lot of solar panels from $1000 to only up-to $50,= on the EU market. However the people on the American and the EU markets are still waiting for their iPhone5 to arrive. And these do not come for cheap or north to nothing. What would be the difference here with the Chinese solar panels ? It's patents, royalties, production rights and licenses to officially retail the official iPhone5. All this, and rightfully so, to the direct benefit of Apple Inc. Something tells me that it's still Microsoft Corporation, even more so after Steve Jobs had passed away from cancer, who is dictating production colors and statistics on the China^H^H^H^H Foxconn Market. Also the opening of that official new Apple shop seems to have become a major problem here in your average Dutch Shopping Mall. That much trouble for Apple to build a proper retailer network can be of no coincidence. Microsoft's own product however, Windows 8, compared to Windows 7, has all the ingredients of the downfall of a 'self-hating' IT cartel potentate inside, like they completely let the ball slip away (deliberately) to have their arms and legs free for what they have been doing best, the controlling and taking over of entire markets and countries. The practice of dumping fits right in, as is preventing production with the competition through sly means.
And now we have "Apple may be banned from importing its new iPhone into the United States if the International Trade Commission in Washington DC finds that Cupertino has violated an HTC patent for connecting to the 4G network." Give me a break.
It is very interesting to see how Apple has been attacked through all kind of methods over the last months after they had announced the iphone 5. The more I investigate this case less doubts arise for me to conclude that it has been Microsoft who has been behind many, if not all, of the campaigns fighting the iphone 5.
Out of curousity I went and check the video card price on the Mac tower and found out that it use ATI video card so I got the model number that was posted on the Mac web site in what sort of hardware in the Mac tower , now get this " IF YOU BUY FROM MAC IT IS $250 AUS BUT ON EBAY IT WAS $125 AUS " same video card half the price and besides Mac Books use SAMSUNG SSHD on the Mac pro book stamp Mac.And most of the IPHONES have old technology go to GIZMONDO and read it there in what the Iphones have as hard ware besides Mac is Mac and you can't do things that I like to do with phones you are lock in Mac .I like Nokia is been good to me for many years.
And I'm 57 years old so I have been around computers long enought to know is all marketing and thats it .If you like your electronica and it works and fits your needs and is relaible then is ok just don't follow fashion be original in you.