There's no delicate way to put this: at least part of
Apple's patent lawsuit against HTC appears to be a proxy fight for a larger issue with Android as a whole. Apple's complaint with the International Trade Commission makes an explicit distinction between HTC's Android devices and its WinMo phones (referred only to as "DSP Products"), and the Android sets are repeatedly called out for infringing certain patents. We don't know exactly what Apple's issue is yet -- the problem could be the specific way HTC
implements Android, rather than Android itself -- but it's certainly a big shot across Google's bow. We'll keep reading and let you know what else we find out.
Update: We've gone through
each of the patents in both lawsuits and we're more convinced than ever that this lawsuit is really about Android, not HTC.
Check here for the full rundown.
posted March 2nd 2010 12:06PM
@CapnHowdy Little off topic, but corporations got more legal rights as a person after campaign finance reform. Now they can throw money at the right politicians to make them even more equal to that of a living, breathing entity capable of puberty. Back on topic, if you think that interpretation isn't good for big corporations and patent litigation against at least the small guys, you are wrong.
@juanvaldez
Not to talk politics, but that was a mistake. Corporations aren't individuals, even though they may be comprised of them.
Brother Unit No 4 Actually I said they got more rights as a person. When things like the constitution get twisted to enhance a corporations rights, we get...ok not to talk politics...But, and when patents get granted to companies that didnt invent something, we get...THIS
@juanvaldez *where's my helmet..........* k I'm ready for it.
This is going to be awesome! Where's the popcorn?! :-D
@a dumb cat
Definitely looks like Apple doesn't think the iPhone will be in a good position in the coming years without going nuclear like this.
Either way, this ends REAL bad for Apple. Either market % wise or PR.
@scjessey - name ONE mobile device company that doesn't use asian manufacturing, then you can post your immature comment.
@juanvaldez
Your assumptions that a business entity has the ability to "grow up" are interesting but incorrect. A living being is capable of maturing, corporations are not. Profit and revenue are all that matter to any and all business entities even though the eat or be eaten mentality is very humanistic.
@CapnHowdy Your assumptions that a business entity has the ability to "grow up" are interesting but incorrect.
I didn't say these things, re-read, previous poster, I tagged on to make a tangential point, partially playing devil's advocate because someone said similar to what you are saying. I'm saying every day we give them more rights, add to that lobbyists and what we get is companies chalk full of lawyers and a broken patent system that the courts are more likely than ever to uphold...Please, I understand plenty what a company is since, Finance major, Econ minor, former corporate lackey.
@CapnHowdy You make an interesting point there. Can't remember where I read it, but I read somewhere that because of corporate personhood and run by a dysfunctional brain (board and/or management with different ideas), the baseline personality of any corporation out there is that of a sociopath.
@Sanskrit
I recall that about corporations as well. I wish I had time to play, but I'm at work and am way behind, so no anti-capitalism tirade from me today, but I will say, Apple's filing seems to have plausibility. If HTC does concede their infringement, I wonder what would happen to my Touch Pro2.
@treats
Yeah you go girl, give them over a $1,000 for you laptop and then give them the finger by putting another OS on it. How moronic!
@BurtonBytes
Yeah, because I wasn't even remotely joking? You must work for the US patent office.
@LAY How so?
@Please forgive me absolutely nothing will happen to your TP2 since you already have it, unlike the dictator apple platform, MS/HTC cant come back later and wipe away features or apps.
I can only hope I get my HD2 before something truly stupid happens.
Is comment-threading broken? Why is there a bunch of responses at the top, with no parent?
@juanvaldez ,
The broad based US patents will kill innovation in software. The US is a ridiculously litigious society. On the one hand US has a system of antitrust suits for monopolies (even if the companies got to that position on the basis of innovation), on the other, they allow such ridiculously broad based patents to restrict competition and enable monopolies.
I wonder if software would have been better of with just Copyright protection rather than the anti-innovation, anti-competitive patent restrictions?
@Information Central It turns out the comment threading hierarchy was patented by Apple. Engadget had to turn it off.
"According to the documents, Apple is asking the court to place an injunction against HTC that would bar them from “making, using, selling and/or offering” phones that impinge on the patents in questions, within the United States." - NYT
Here's to a new "Only on an iPhone." commercial.
@Ariel Bender Only on an iPhone? I think what they're seeking is more like...
"iPhone. Because you have no other choice."
@Ariel Bender I know there are a few better reasons, but my most emotional reason to boycott a company's product line? Because they F*** with choices.
@juanvaldez with *my* choices
@Ariel Bender
Even though the patents infringe upon what HTC has already been doing.
@Ariel Bender
This just further lends to the crediblity of Apple being afraid. They are trying to shut out all competition thru their gross misuse of the patent system.
So...let me get this right.
Microsoft gets hit by anti-trust suits for basically being the better business and learning the right moves.
Google gets hit because they "alienate competition from THEIR search engine"
Yet Apple are suing people for patents they not all have even been used, and wants to bar said phones from the US market, so only ONE phone can have that feature.
Hmm...yeah. That sounds like plenty a fair business going on here. =\
@Soaa Apple: Making sure 2010 will be like 1984.
@Ariel Bender well, I am not buying any apple stuff any more if this is how they spend all their money....
@Ariel Bender: "Begun, the phone wars have."
@iDavey
Anti-trust legislation was passed under the guise of a system which consumers would be able to use to protest anti-competitive practices. In the roughly 100 years that anti-trust legislation has been on the books, this has never occurred - suits are always levied by a less-successful (read: less innovative/productive/efficient) competitor looking to handicap its primary rival. Plus, it's the biggest source of corporatismic hypocrisy, as evidenced over and over again: as much as a company moans about the unfairness of an anti-trust suit levied against it, it chomps at the bit to levy one of its own if it suits its interests.
I should qualify my statement by saying that I do not believe that corporations can "be evil" for very long on their own; consumers would punish them appropriately through reduced demand. Instead, they require collusion with government to get away with these sorts of shenanigans.
Wow, the Apple/Google plot thickens...
I have to say that I'm not surprised by this.
@Herbaceous Border Patrol
Apple Revenue: US$42.91 billion (2009)
Google Revenue: US$23.651 billion (2009)
Apple Total Assets: $47.50 billion (2009)
Google Total Assets: US$40.497 billion (2009)
Apple Equity: US$31.64 billion (2009)
Google Equity: US$36.004 billion (2009)
.. Yup this fight will be pretty much toe-toe
@Herbaceous Border Patrol
If apple takes this course its going to be Google, HTC, Microsoft everyone HTC makes phones for vs Apple. I mean Google and Microsoft stand to lose a lot when their best phone designer breaks bank.
@Ryujin
Yeah you have to wonder why Apple is suing HTC and not Google maybe it’s because they don’t want to completely destroy the relationship or maybe it’s because HTC won’t be able to afford the same calibre of lawyer as Google?
Personally I think Apple is going for the all American company V random Taiwanese KIRF monger angle. I mean what are the chances that the judge has heard of HTC?
@fais
Isn't it not so much Google or Android but the skin that HTC custom made to put over Android? Android itself (from the single unit ive seen) doesn't look like iPhone at all, but (the pictures) I've seen of HTC's skin may be another story entirely.
Apple hasn't called the N1 have they or the Droid or LG or Samsung. It's HTC. I reckon it's the custom implementation.. and that is post iPhone.
Who knows, we will find out in a few years, let's just hope every fourth article isn't about this until then.
@Cy Starkman
That's cause senseUI is better than Apple's UI...
Boy, will Apple have a tough fight ahead. I look forward to the defense and the court dismantling their patents one by one.
It'll be interesting to see how this gets played out.
HTC, REPRESENT.
TEAM HTC!
@Pontro iTeam here!! Put team HTC down lol
Lame Apple, if you really want to show muscle, lets make more than 1 phone a year.
@techlord To be fair, I prefer the "make one product and make it good" approach over "make a zillion products and hope one sticks." I don't mind the iPhone product cycle. What I do mind is the general Apple attitude.
Apple can go fuck themselves.
Nilay, this is why Engadget is head and shoulders above the other gadget blogs. You know, real investigative research, insight, and good journalism in general.
Keep up the stellar work.
@Witold
Are you like, Nilay with a different screen name?
Or have you been living under a rock for the last oh, 6 months?
@Rem DX Nope, not Nilay, just a casual observer watching the rapid evolution of the site. I think that "The Engadget Show" is inspired, and frankly it would be nice to see it done weekly as the podcast.
Tech blogging is a commodity now, its how different sites set them selves apart from the press release regurgitating herd.
@Rem DX Well unlike the fantards commenting, Nilay is not showing any form of bias with this post - it's representing facts, and facts that proper news sites are slow to report on.
@Witold This is exactly why I don't even bother looking at gizmodo anymore. In comparison to Engadget, gizmodo looks as if it's run by twelve year olds.
Once again, patents get in the way of the progression of technology. Someone somewhere needs to sit down and rethink the system.
It's really disappointing to see a company which claims to love 'innovation' make such an accusation. Apple frequently has success standing on the shoulders of giants
@tompccs
Even worse... they have this tirant attitude of only approving what they feel is the "best experience" for the "end-user".... what a poker face!! now i feel guilty for being overly excited about the original iPhone announcement.... +1 to Android +1 to HTC +1 to Google
Apple better be careful, I'm sure they can get some money out of HTC, but don't wake up the big elephant in the room.
Or else Apple would have bitten off more than they can chew hahahaha.....
@unknown159 You mean google? Yeah, I'm actually looking forward to seeing how this turns out, I thinkbit will eventually turn into google vs apple... Which will involve nulear weapons, world domination, google unleashing skynet, etc.
@unknown159 You mean google? Yeah, I'm actually looking forward to seeing how this turns out, I thinkit will eventually turn into google vs apple... Which will involve nulear weapons, world domination, google unleashing skynet, etc.