Galaxy Nexus ban remains, Apple posts $95.6M bond, Google stops selling
fosspatents.com
fosspatents.com
I know, I know: no one cares about nerd ideologies. But I'll do my part and lower their monthly revenues by 0.00001%.
I used to think Apple's success was great for us consumers because it's more choice, and competition is why companies are innovating in the first place, right? But this latest injunction made me realize, if I give money to Apple, there will be less competition and not more. They're unfairly anti-competitive and will use any immoral hole in legislation to make sure consumers have no options. To make sure there is no competition. That is driving innovation backwards, not forward. Summing the pros and cons. Their own technological innovation is not worth their effort to stop the whole rest of the world from innovating. Their balance to the world is on the negative.
I'm not gonna give money to a company that is driving humanity backwards. My 0.00001% missing contribution will have the same value as my vote for the country's president. I'm voting with my wallet.
Completely unrelated: Why do vendors (including Apple) insist on plastering their ugly company logos on the back? Both the macbook and the zenbook would look much better without that white scar.
They want to you feel emotionally and better than others, and proud to show off the Apple logo. And they're the best in the world at doing this. That's why you saw all those posts angry at instagram when they launched for Android, claiming it wouldn't be as great now that the unwashed masses could touch it.
My roommate had a macbook freshman year. Whenever he used it at night (with the screen turned away from me), the stupid logo would light up the whole room. Really? Not only is it garish, but it's actively inconvenient.
I like what Thinkpad does here--they have a relatively unobtrusive logo in the corner with a red led for the dot over the i. It's cute and unobtrusive. My Vaio is also good in this regard--it has an elegant logo made up of metal on a matte blue background. Quite importantly, it does not light up. It might be a little pretentious, but it is elegant. It also has too many vowels, but that's not really related to the discussion :P.
Another exciting option is Lenovo's Carbon X1, which I wish they would release already: http://www.engadget.com/2012/05/15/lenovo-thinkpad-x1-carbon...
Currently typing from a ~13" "ultrabook", I think having an extra inch of space is probably the best compromise between this and a bigger laptop, especially if it's light. And that resolution, in my experience, is exactly what I need for programming comfortably.
Finally, and this is obviously subjective, but I've always liked the way touchpads look best. There's something about matte black which just appeals to me.
i think in many tech patent cases if someone were found in violation, as the nexus apparently is, the normal strategy would be for the violator to pay the holder of the patent some licensing fees. maybe it doesn't always work out this way...
but even if licensing were an option and google and/or samsung were willing to pay to license the technology, with apple's very publicly stated goal of destroying android, i don't think they'd ever go along with it.
so this is basically bad for non-apple consumers and good for apple. i mean, it's rational that they'd try to maintain their competitive advantage, and even though multi-source search has existed in android as far back as donut and longer than that as a programming/computational task, i guess apple planted their flag first with this [IMO, obvious] patent
regarding the X1 carbon, ... i'm very excited about it myself. i currently have a T420 and thinkpads have great support for linux, which is my primary operating system. i'm just hoping they give the X1 carbon a decent display. the one on the T420 is pretty lousy.
They have a 256 gb ssd / i7 model for $1800, and a 128gb / i5 for a cheap $1300 (both are on Amazon, look for model number np900x4c). We played with one in a Best Buy before purchasing online, it definitely felt pretty comparable to the mba's I've used.
Big business likes to replicate because it's safer than risk/innovation.
Take an example--I have a Vaio Z-series (and I've had it for a while now). It's lighter than an MBA (yay for carbon fiber), has two SSDs in Raid 0 and up to 1080p on a 13" screen. It also has a good touchpad and a dock with an external graphics card connected via a light peak port. That part is admittedly wonky without drivers (that is, it doesn't work great on Linux or Windows 8), but it is really cool nonetheless. It also looks just great, and nothing like a mac. If that isn't innovative, I don't know what is. You just don't see it competing with the $600-$800 Windows laptops at Best Buy.
There are some other similarly innovative laptops like Thinkpads that you can get. Apple is not the only company with interesting notebooks!
I won't lose any sleep over the switch: I don't feel that I'm missing out on some life changing experience just for the sake of ideology. Now I'll likely end up with an ultrabook with a better screen but inferior battery life and build quality. A definite trade-off, but the amount it will affect my day to day life probably isn't significant.
I can't come up with something catchier than hate the game, not the player, but I think the game is always going to stay shitty if people support players who show no interest in changing the game.
That's why I'm constantly looking for new non-evil options, and my next phone is going to be B2G, if at all possible. Guess I won't be putting it on a Galaxy Nexus, though =)
Why would I hate Google for that? Motorola was cooperative and competitive with partners and despite all of their innovation they ended up -- like most of their traditional smartphone partners -- with most of their creations ending up in standards. Getting attacked by Apple and Microsoft they try to force a settlement with what they have. there is nothing in that that makes me dislike Motorola cum Google.
it was said more than once there—hate the game, not the player.
The xbox may be blocked because of critical, foundational patents, but I'm supposed to feel bad about the parties because they tried to be cooperative about them. The Galaxy Nexus is blocked because of laughable patents.
There is no question who the worse party is in this, and it's only a matter of time before something sticks and the iPhone/iPad is blocked from importation. We'll see how people like the game then.
And if Google/Motorola are so cooperative then why are the FTC/EU investigating them for anti-competitive behaviour ?
Microsoft sued Motorola after they couldn't extort them into making uncompetitive Windows Mobile devices. Motorola responded with standards-based patents and non-standards based patents, with the clear intention of trying to get a stalemate settlement. The "cooperative" part was that Motorola has thousands if not tens of thousands of patents that play a part in standards because they are a part of the whole moving things forward.
And if Google/Motorola are so cooperative then why are the FTC/EU investigating them for anti-competitive behaviour ?
Derpedeederp derp. The government investigates almost everything that any large multinational does. There are active investigations of Microsoft, Apple, Google, Oracle....if it's a big company there's probably an investigation of it. Secondly that EXACTLY goes to my original point -- Motorola made the "mistake" of daring to be a good innovation citizen before some upstarts came along and started extorting and patent trolling for every hilariously trivial patent.
1. Motorola is obligated to not use standards based patents against implementers of the standard. Under ANY circumstance. It undermines the entire foundation of the industry and without standards we all lose.
2. No government is investigating Microsoft or Apple for patent abuse. And it is ridiculous to assume that the government just investigates any multinational company.
But now the goal post moved to patent abuse investigations, keep in mind that monopoly investigations and patent law can be engaged by diff state institutions, depending on the most effective engagement method, so you may have patent law dispute in the courts in any country and monopoly investigations conducted by an European entity. So while at any given moment, not having one corporation under investigation or defendent status does not push the innocent/guilty pendulum anywhere when acessing any given case. Or is it an indication of antagonistical reversable jurisprudence. The case at hand comes to mind.
Also, any multinational company is under the scrutiny of any government or substitutive supra governamental entity with attributed powers to do so and that is the way it will stay. There is nothing ridiculous about it. It is a needed lawful check for international law and the required balance for the implementation and usage of the Uniform Commercial Code.
Of course, somehow the patent troll they set up:
http://www.wired.com/wiredenterprise/2012/05/rockstar/all/
doesn't have the same obligations, but that still leaves Microsoft's and Apple's hands clean, right?
Actually, what really did Motorola in was years of getting ripped-off both in design and carrier sales wins by Samsung. Have a good look at the product line that Motorola sold from about 2000-2005. Then look at what Samsung was selling during the same period.
This is just what Samsung does. Good engineering, and let someone else do the design.
The xbox may be blocked because of critical, foundational patents, but I'm supposed to feel bad about the parties because they tried to be cooperative about them. The Galaxy Nexus is blocked because of laughable patents.
Apple's patents are "laughable" and Motorola's are "critical" and "foundational" because you're a software person, not a hardware person. You'll find that a lot of hardware patents, including Motorola's, suffer from the same obviousness when evaluated by EE's that Apple's do when evaluated by SE's.
No. This line of argument is so dumb it makes my head hurt. The "players" choose to participate in the "game". Apple could have quite easily decided not to pursue injunctions against Samsung, but they did.
I can quite easily hate "the player" for choosing to play such an idiotic and stupid "game".
I moved to Apple with OS X back in the G4 era on the basis of OS X, and it is going to be a pain to leave, but with the trends in OS X development being what they are it had to happen at some point.
Google and their partners could have taken the high road and created their own take on what a touch screen phone OS is, but instead they took the low road and did a wholesale look and feel copy and paste job of iOS to get scale.
Copying look and feel isn't actual wrongdoing, but it's certainly not the high road.
Now Apple is taking the low road and trying to smack the fuck down Google legally, instead of taking the high road and competing on its own merits.
Both companies have taken the low road, and both companies are culpable here- no one comes out looking good in this story.
There's still a world of difference between that and using government violence to ban a competitor from business.
If they actually cared about the similarities, they would have picked a fight earlier on.
They only pick a fight now as the successor is competitive enough to win some cash off, so it's less risky.
I have no respect for anyone who does this. Fuck them.
Unfortunately for Apple these suits put the Android vendors in the role of the underdog and people tend to root for the underdog.
You take this as a fact instead of a subjective opinion of few that it really is. I've never seen anyone mistake an Android for an iPhone. The user-experience is entirely different and different people like both for different reasons. Also I don't think copying "look and feel" is how you build scale... maybe a cheaper, poorer quality alternative that sells on the down-low in some guerrilla market.. but definitely not a viable competitor that scales faster than the originator of that "look and feel"
What word do you have for things that are actually despicable?
Like actually hurting or killing people?
Or doing things that don't just involve selling telephones?
You're totally right. Despicable. Just like Stalin. We can only hope that we discover Apple's diabolical plan, and the location of the plutonium, before it's too late.
Give me a break.
Oh gee, I sure would - but how will I find Africa now that I can't buy a Galaxy Nexus with it's enhanced turn-by-turn navigation and barometric elevation sensor?
(from Dictionary.com)
Despicable : deserving to be despised
Hooker Chemical poured tons of hazardous waste into the ground - waste that they knew would cause health problems - and then sold the site to the City of Niagara Falls to be developed into subdivisions. That's pretty despicable.
http://en.wikipedia.org/wiki/Love_Canal
In China, in 2008, a factory making baby formula sold thinned-out product to make a quick buck. It's estimated that about 54000 children under the age of 3 became sick from drinking the formula. That's really quite despicable.
http://en.wikipedia.org/wiki/2008_Chinese_milk_scandal
Does anyone here really despise Apple? More than Google? Or Samsung? Or any other faceless, unaccountable corporation? Really? Because there's going to be a 1 or 2 week period during this trial where you might not be able to buy some shiny new telephone? What the fuck is wrong with you?
Being right or wrong has little bearing on what is a rude and unnecessary derail.
The Galaxy S2 and S3 with TouchWiz, OTOH, are a different story. I would imagine that what Apple is really pissed off about is being the target of Samsung's shameless copy-and-undercut strategy that's worked so well for them in mobile in the past. TouchWiz is a really gauche copy of just about everything iOS. I'm actually quite happy that Samsung is getting called on this bullshit.
But the Galaxy Nexus? Huh?
Unlike some crapware-laden blatant iOS-wannabe Android phones, the Galaxy Nexus is a pretty great phone that is different and better than the iPhone in many ways. But, unlike most Android phones I have seen, it still provides a fairly elegant and clean user experience that is attractive to the same kind of user that the iPhone is (me, for instance; so far, I buy a new iPhone every time Apple introduces one).
Of course, better means different things to different people, but here are some of the things I found to be superior, per my preferences as a user:
• much bigger screen (I strongly prefer the tradeoff of making it marginally harder to reach the top opposite corner with my thumb in exchange for being able to see more usable information with my eyes) for better book reading and web browsing
• typing feels better and is more accurate (due to larger size & haptic feedback I think)
• incomparably better maps navigation; even when I already have my iPhone 4S in my hand I get the Galaxy Nexus out of the backpack if I need directions
• no worrying that Apple will rip me off retroactively, by disabling an app I bought from them (the Airfoil Speakers debacle) to protect some fucked licensing arrangement to make my phone work only with expensive proprietary hardware and not with standard commodity hardware
• can load any software I want, not just from the maker's app store, without requiring me to exploit a bug in the OS to jailbreak
• integrates with Google Voice
It does have deficiencies, too; it crashes much more than my iPhone, the OS lacks the level of polish in a lot of ways, camera isn't as good, etc. Which is better depends on the user, and still would probably be the iPhone for most.
My point is just that the $349 unlocked Galaxy Nexus has some aspects which could be considered advantages over the iPhone, but it is still appealing to exactly the kind of user that the iPhone appeals to. Somebody who wants a smooth, uncluttered, pretty pocket computer that "just works" with minimal hassle. Google removes the crapware, gets rid of the funk-ass nonstandard UI skins, provides all the system updates, automatically links up with whatever services in their ecosystem you use... so with this phone they've done the best job of creating that type of product.
Therefore, to the iPhone, I think the Galaxy Nexus is the most directly threatening Android phone yet produced.
So, supposing you were an asshole with some bogus patents to go trolling with, that's probably where you'd want to start.
Florian Müller has failed to disclose when he is consulting/working for companies he is writing about and has been pretty seriously wrong in his "predictions", most notably the Oracle v. Google case over Java/Android.
But it's easy to see what game-changing technology is. Look at what people want in a phone:
http://mashable.com/2011/10/03/iphone-5-wish-list-starts-wit....
There's tens of similar surveys published online. None of them include "search-as-u-go". In fact Apple doesn't seem to think that it's that big enough of a deal to promote. They advertise tens of features & this isn't one of them. And that's because it's expected (everyone uses it already) or it's not that important to a buyer when choosing a phone to purchase.
It's just not reasonable to assume that the "search-as-u-go" technology could give any sort of significant advantage to Samsung to be the cause of a shift in market share or something with similarly "unascertainable" consequences, which is precisely what the ruling of irreparable damage relies on.
It's merely the way they've discovered to prevent this particular instance of competition.
Yes, this is what bothers me most about it. Litigating bogus patents is one thing, but this grandstanding about the impact of tiny features is sickening. Especially after we had the ruling from Posner that it has to be the specific feature in question that is causing the "irreparable" harm. It seems to me that the irreparable harm is drastically tilted in Google's direction here, as they are unable to market the latest version of their operating system, potentially for months until iOS6 is released. Compare that to the tiny (non-existent?) lost sales on Apple's side - supposedly due to customers saying "hey, since Google's phone can search for apps and contacts on the same screen, I'm buying that one!" - of their nearly obsolete iPhone4s, it seems ridiculously unfair to me.
Why in the world would you think that he would be cancelling this, or any other kind of patent action?
"I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this," Jobs said.
http://news.cnet.com/8301-13579_3-57445837-37/jobs-thermonuc...
I think there's a very good chance he wouldn't have actually pushed the button on stuff like this, as much as part of him may have wanted to.
Apple claims your product is a serious competitive threat. What better stamp of quality approval can you get?
Apple can't simply drop all of the lawsuits, as to do so would be an admission that it was a bad idea from its conception. Instead, they can wait until they suffer one of these judgements, then push for a cross-licensing deal.
Does anyone have any insights into how many days/weeks before Google will be able to sell it again?
It seems like the patented feature in question is pure software available on other Android phones.
Also, people still read Foss Patents, the guy paid by Microsoft and Oracle to write negative stories on Google, and who was completely wrong on anything he said or suggested about the Google and Oracle trial?
Unlocked Galaxy S3 (Amazon): ~$660
Unlocked Galaxy Nexus (Google Play): $349
The Galaxy S III is an entirely different device sharing virtually nothing with the Galaxy Nexus.
- Same Manufacturer
- Same Size
- Same Weight
- Same Resolution
- Same screen technology
- Same RAM
- Same storagePatents are justified because an individual has the right to the product of his mind [and his body (labor); in reality, there is no difference, but I'm emphasizing the mind here because the context is IP]. This is because survival as a human being (whether alone or in a group) requires thought in order to make the things needed to sustain a flourishing life. This is damned hard work!
Copying the product of someone else's thought (not the same as emulating another person's method of thought, and applying it to a new situation) deprives the originator of what is rightfully theirs: the untrammeled market for their innovation, which would not exist were it not for their thoughts and action.
(And no, not every idea is patentable, and not every patent applied for should be granted. No, patents can't last forever. But those are comparatively minor details that are incomprehensible if the fundamental idea stated above is not understood.)
Order granting injunction: https://dl.dropbox.com/u/49113/Order%20granting%20injunction...
Order denying motion to stay: https://dl.dropbox.com/u/49113/Order%20denying%20motion%20to...
I really wish more news sources would post these primary source materials along with their stories. I've only ever seen WSJ do it for big cases.