Apple vs. HTC Argument

[josh.hofer]

I don't know about the rest of you... but I'm so tired of hearing pro-Andriod people talking about how stupid it is that Apple is suing over their patents.

I'm currently in a (friendly) argument on my Google Reader about it.

Here is what's being said:

Part one: http://i39.tinypic.com/2lizqcl.jpg
Part two: http://i43.tinypic.com/x2j8ko.jpg


Feel free to join in, search me on Reader with my name (user name minus the period).

 

[Jellotime91]

Man, those people are kind of stupid. Complaining about the US allowing software to be patented? REALLY? That's a GOOD thing! Why shouldn't software be patented!? So stupid.

I like HTC a LOT and I love their phones but really Apple is completely within their legal rights (OBVIOUSLY, they have lawyers) to sue over patents used. And as to why they don't just sue Palm, well, first of all Palm has it's own extensive patent portfolio, and Apple reserves the right to pick their battles. And they probably knew long before any of us that Palm was going to go under.

 

[cardfan]

Apple leaves Palm alone because they've ripped some patented IP from Palm as well. Besides, Palm is a gnat.

 

[josh.hofer]

Yup!

Here is more:

Part Three: http://i42.tinypic.com/knbwx.jpg
Part Four: http://i43.tinypic.com/2u8841d.jpg

 

[Jellotime91]

People can be so stupid. Apple invented slide to unlock and they have a right to patent it. Before the iPhone any phone with a touch screen was unlocked by a physical button...

 

[whmurray]

Man, those people are kind of stupid. Complaining about the US allowing software to be patented? REALLY? That's a GOOD thing! Why shouldn't software be patented!? So stupid.

I like HTC a LOT and I love their phones but really Apple is completely within their legal rights (OBVIOUSLY, they have lawyers) to sue over patents used. And as to why they don't just sue Palm, well, first of all Palm has it's own extensive patent portfolio, and Apple reserves the right to pick their battles. And they probably knew long before any of us that Palm was going to go under.

The problem is not so much that software is patentable but that the Patent Office has abdicated its responsibility to decide what is patentable. Instead, it simply grants all applications and then waits for the courts to sort it all out. This puts the responsibility on the patent holder to defend the patent.

If a patent holder, e.g., Apple, fails to defend, they may find themselves paying royalties to others.

 

[lungho]

In that case, I'm gonna patent "point-and-click".

Patents are needed but much like tort law here in the US, it's out of control and needs some kind of reform.

 

[Jellotime91]

In that case, I'm gonna patent "point-and-click".

Patents are needed but much like tort law here in the US, it's out of control and needs some kind of reform.

Yeah but you didn't invent it.. That's the difference.. I honestly can't believe people do not understand what's happening here. I am going to lay it out to you as linear as possible.

1. Apple invented certain technologies.
2. These technologies were not in use or patented at the time that Apple chose to implement them.
3. Apple applied for patents, and uses the technologies.
4. Apple is granted many of the patents, others have yet to be granted but it takes a long time.
5. HTC uses some of Apple's patented technologies in their Sense UI and specific Android hardwares.

Apple therefore has the right to sue HTC based on the use of its patented technologies in HTC hardware.

 

[whmurray]

In that case, I'm gonna patent "point-and-click".

Patents are needed but much like tort law here in the US, it's out of control and needs some kind of reform.

You will not be the first to do the former or say the latter.

 

[whmurray]

Yeah but you didn't invent it.. That's the difference.. I honestly can't believe people do not understand what's happening here. I am going to lay it out to you as linear as possible.

1. Apple invented certain technologies.
2. These technologies were not in use or patented at the time that Apple chose to implement them.
3. Apple applied for patents, and uses the technologies.
4. Apple is granted many of the patents, others have yet to be granted but it takes a long time.
5. HTC uses some of Apple's patented technologies in their Sense UI and specific Android hardwares.

Apple therefore has the right to sue HTC based on the use of its patented technologies in HTC hardware.

It is worse than that. Apple has the obligation and responsibility to defend tis patents. It is no longer the patent office that really awards patents but the courts. Until a court has awarded you your patent, it is not really yours. A court may award it to someone else. It is not simply that HTC might be able to use Apple's technology without paying a royalty but that Apple might find itself paying HTC for its own technology.

Now admittedly, there is no justice in such a system but that is really how it works. First come, first served.

 

[Jellotime91]

It is worse than that. Apple has the obligation and responsibility to defend tis patents. It is no longer the patent office that really awards patents but the courts. Until a court has awarded you your patent, it is not really yours. A court may award it to someone else. It is not simply that HTC might be able to use Apple's technology without paying a royalty but that Apple might find itself paying HTC for its own technology.

Now admittedly, there is no justice in such a system but that is really how it works. First come, first served.

Ok, does that not make it even more right for Apple to sue HTC?
By your logic they have to sue HTC.

 

[whmurray]

Ok, does that not make it even more right for Apple to sue HTC?
By your logic they have to sue HTC.

It is only business.

 

[Jellotime91]

It is only business.

Again I don't see the point you are making.. I am pretty sure we are on the same side >_>

 

[whmurray]

Again I don't see the point you are making.. I am pretty sure we are on the same side >_>

Business, not personal. Apple, not Jobs. Necessary defense of patents, not an "attack" on HTC. I am not taking sides but I do not think that I am disputing you.

 

[Jellotime91]

Business, not personal. Apple, not Jobs. Necessary defense of patents, not an "attack" on HTC. I am not taking sides but I do not think that I am disputing you.

Yeah but the only thing is that there are many specific instances in the Pre's UI where they infringed on Apple's patents, only Apple chose not to do anything. So, they do have the legal right to pick their battles. Therefore, they don't HAVE to sue HTC, but I think as Jobs said, they can either sit there and watch people steal their intellectual property, or they can do something about it.