unintended side effect
people will simply buy iPhone 4s instead of the iPhone 3G or 4. Can this be even remotely considered a victory?
Apple has removed the iPhone 4 and 3Gs from its stores in Germany, almost certainly in response to Motorola's December action rather than today's patent win. But today's German court victory for Motorola is probably more important: it covers Apple's iCloud service and – by extension – any device which uses it. Apple will be …
It's not football teams. You're not helping anyone. "Android FTW"? Are you 12?
I would like Apple to cease their anticompetitive legal practices. I would like to see more products competing in the smartphone arena in order to produce better value for consumers. That doesn't make some kind of Holy War or spectator sport, you knob.
He who lives and all that. Trouble is that they've taken a kicking from Motorola/Google and they previously took a kicking trying to give Samsung a kicking.
How long is it going to be before either the patent system gets revised or the big tech companies call some sort of truce. This stuff really isn't doing any of them any good.
Apple seem to have a unique interpretation of the patent system. They seem to think that because a patent exists the patent owner is forced to license it to all comers. This is not the case nor has it ever been the case. Apple's argument gets even stranger when they say that since Motorola unilaterally declared the patent to be an industry standard that somehow means Apple are forced to use it.
It seems that in this Apple's argument is that if somebody else develops something clever that Apple wants to used then they must be forced to license that patent to Apple on terms that suit Apple. Which is strange because they also seem to argue frequently that if Apple develops something clever (or indeed stupid) that anybody else wants to use (even if they had it before Apple) then Apple have the right to stop them from using it. Seems Apple thinks that patents are a one way street that runs straight to Cupertino.
I thought maybe when bonkers Jobs popped his clogs Apple would stop talking so much shite. It seems however that they are talking more shite than ever.
I suspect that it will be only a few days before Motorola gets this decision reversed.
They *are* entitled to think a patent is forced to be licenced, *if* that patent comes under FRAND. Also, if that patented tech becomes part of an industry 'standard' (eg 3G) - however that's defined - then yes, if they have adopt that standard to comply with 99.9% of a chosen market, they then have to pay the FRAND licence.
Where recent complexities come in is the interpretation of "fair and reasonable" rates under FRAND; Apple have been claiming it's unfair to be charged 2-3x the price of other licencee's for the same patent licence.
If this scenario was played out down the petrol station - if it was the only petrol station in town - and you were charged 2-3x the price for a litre than the next guy, you'd be pissed too.
Don't mistake my comments for fanboism btw.