A German court has suspended the injunction that required Apple to remove its iPhone 4 and 3Gs, and iPad Wi-Fi + 3G from its online store in that country. Apple had removed the items as requested, and are now busily putting them back up – they should be available again on the German Apple online store right ... about ... now. " …
Well done, nothing to do with Apple getting their iStock back on the vShelves but for writing an article with regards to Patents and the like that didn't quote Florian Meuller.
You are 'officially' a higher and more respected journalist than the those that reside at BBC online news desk who got themselves Florianed when covering the same story.
HEADLINE 'DER SPIEGEL'
German judiciary make u-turn over patent infringing iPads. Recorded conversation between two Chief Justices.
'Franz ve haf no choice, Apple have generously donated ipads as part of the cut price package, I have six for my grandchildren.'
'Gunter I haf also six Galaxy Tabs donated to me, already I have given them to my nephews and nieces'.
'Franz I haf a solution, ve play one off against the other, make lots of contradictory judgements and keep case running for year!'
'Gut idea Gunter, free upgrades for ever, vonderfull idea. Let's do it!"
At AC 22:12
It's only mildly amusing the first time, LarsG.
Your made up news are not that funny.
"Apple appealed this ruling because Motorola repeatedly refuses to license this patent to Apple on reasonable terms".
So Apple will just infringe because they don't like the price they are being charged? It's the same argument that Pirates use for movies and music. I guess if it's ok for Apple it's ok for everyone.
Notice you chose the troll icon. Wonder why?
Money Will Always Talk
The appeal was OKed because they could put down a bond in case they lost.
Having made shed loads of money and not knowing what to do with it dropping a few dollars for the appeal bond was as nothing.
(If you were unkind, which clearly I am not;), one might suggest that they made the money by less than savoury methods, appearing to use the IPR of others while knocking off rounded corners first used god knows how many years ago. Childproof toys had them when I was growing up so it was a shoo in to put them on itoys.
Now they can buy their way forward and they wish to put down a marker that they can monopolise the money and do as they wish
Actually quite different from the pirates' argument
Motorola have made legally binding agreements to license their IP on reasonable terms. Apple's argument - whether valid or not - is that Motorola reneged on that legal responsibility that it had voluntarily entered into.
The sort of pirates you're referring to simply believe themselves morally entitled to dictate the value of creative works.
So Apple are arguing that Motorola agreed to do something and failed to do it, the relevant subset of pirates argue that the right of content producers to control their works should be usurped.
one more patent that should have never seen the light of day! Did Motorola PAY to invent email? These s#!+ patents based around a tech not belonging to the patent holder should all be thrown away. Did Motorola, Microsoft, Intel, Cisco, Oracle, Apple, etc. PAY to invent the Internet? NO, it was for the most part on tax payer dollars. So all Internet related patents (IP, TCP, UDP, HTTP, SMTP, POP, etc.) and services relying on internet tech, should all be thrown out, otherwise these tech companies can reimberse us tax payers for the development of internet technologies. And reimberse us on todays value and not the $ from back then.
that's like saying Ferarri should pay because we paid to lay the roads...
Ferrari didn't pantent the left blinker.
And I wonder why...
Motorola are not suing RIM, who IIRC were the first to offer push mail for smartphones... could that have anything to do with less money to be made that way? *tsk, tsk*
Winners and Losers
Regardless of the Android vs iOS flamewar, its clear here that there are clearly defined winners and losers here
Winners: The lawyers as per fucking usual
Losers: Users (see above)
Whilst Apple have become litigious shits that need a damn good kicking, its always the users that lose out. Especially if they have to stop using push email.
I agree with the comment above though, Apple cant just explain away infringing by saying well they wouldnt license it to us. Cant see a court buying that if I failed a driving test but drove anyway hoping to use the defence "well you wouldnt give me a license". And yes, its a flawed analogy!
Going for a temporary ban on sales definitely seems to be flavour of the month at the moment
Apple opened up pandora's box when it started taking competitors to court over minor issues were patents should not hold
From a business perspective it is short sighted as they are making many powerful enemies (Samsung, Adobe, HTC etc)
Sadly it seems there will be tit for tat bans and law suits for the foreseeable future.
Apple should just bend over and take it in the arse because you see them as sissy cowards?
If Apple have a case, then they will win court cases. If not, they'll lose. But they are doing what everyone has the right to do which is having their day in court and making a case.
I agree; it's a bit like the industry was relying on the deterrent of mutually assured destruction but Apple have gone and hit the red button.
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