I'm not terribly optimistic this will go anywhere, but I signed it because I consider software patents to be the scourge of the software industry. They are especially deadly for start-ups and small companies working on innovative new products - exactly the people patents are supposed to protect.
http://www.petitiononline.com/pasp01/petition.html
the patent system in general needs a massive over haul
Don't know why software patents are bad. All you have to do is not do what the claims specifically state and you're clear.
Sent from my Shooter.
The problem is that the people approving the patents aren't technical at all, and they're approving them despite obvious prior art.
Disent apple have the patent of "LCD that produces light"? That almost every electronic with a screen.
phatmanxxl said:
Disent apple have the patent of "LCD that produces light"? That almost every electronic with a screen.
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No not exactly, they have a patent on a screen you can touch to input information. So They own and "invented" the touchscreen now according to the judge. All the banks, supermarkets, UPS, FedEx, Tablet makers, Smartphones, etc etc etc etc better beware, using those touchscreens is an illegal act because the company that made them has not paid for a license to use them.
And before apple came out with anything touchscreen I had touchscreen PDAs. Before that I was touching all sorts of things and getting a response. I'd say a copyright should be fine for software, but not a patent on actions. When I used to write programs I could do most action/response routines 4 or 5 ways depending on the programming language used, and if that wasn't original enough I'd code it (differently) in another program language.
IMO any concept that is so obvious as touching a screen should be granted an anti-patent. In other words, it should be against the law for any one person/company to claim the right to it.
Neo3D said:
I'm not terribly optimistic this will go anywhere, but I signed it because I consider software patents to be the scourge of the software industry. They are especially deadly for start-ups and small companies working on innovative new products - exactly the people patents are supposed to protect.
http://www.petitiononline.com/pasp01/petition.html
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Do you really think that removing software patents would help small businesses???????!!!!!!!
People who disapprove of software patents don't understand that if software patents were not available to the small start ups, the established companies would simply steal whatever new process the start up came up with and put the start up out of business.
No start up has a prayer of getting funding without some protection in the form of patents.
I should know, I am a patent attorney and I do a lot of work with small inventors.
Believe me, Microsoft, Apple, Sun, etc have no problem taking a great idea developed by a outsider and adding it to their own products.
There is no protection in copyrights for the small inventor. As long as the big company recodes the innovation when adding it to their own software, there is no copyright infringement.
Now I know you're going to flame me and tell me that I have a vested interest in patents as a patent attorney but I am used to it.
Think about it this way. I don't like that some people publicly say certain blatantly untrue and nearly slanderous things. Still, I wouldn't want to take away the freedom of speech to stop them. They would probably continue to say those things and I would no longer have my own freedom of speech.
Similarly, the giants have lots of patents that protect their market niche and it does make it harder for startups to carve out their own niche. The problem with getting rid of patents is that there would no longer be any way for the small business to carve out its own niche. The giants would no longer use patents to war amongst themselves but they would not longer have to worry about a start up putting out a new OS with great features that are somehow patented by the startup and which the giants could not simply steal or copy into their own product.
There is also no justification for saying that software patents should all be invalidated simply because the United States Patent Office has granted some patents that prior art should have precluded.
Fix the Patent and Trademark Office's examination quality, don't punish the inventor.
4dthinker said:
And before apple came out with anything touchscreen I had touchscreen PDAs. Before that I was touching all sorts of things and getting a response. I'd say a copyright should be fine for software, but not a patent on actions. When I used to write programs I could do most action/response routines 4 or 5 ways depending on the programming language used, and if that wasn't original enough I'd code it (differently) in another program language.
IMO any concept that is so obvious as touching a screen should be granted an anti-patent. In other words, it should be against the law for any one person/company to claim the right to it.
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First, things that are obvious now were not always obvious before they were thought up.
Second, there is such a thing as a quasi anti-patent but no one uses it. Statutory Invention Registration.
Basically, if you come up with something or feel that it is obvious, you can describe it and file it with the Patent Office.
It serves are prior art as of the day it is filed with the PTO and if you disclosed the touchscreen (for example), the examiner's will use that to reject patent applications directed to the touchscreen you disclosed and filed after the day you filed your SIR.
That said, I have yet to have a SIR cited against a patent application. I have never heard of a SIR being filed for that matter.
Anyhow, all I want to point out is that there are two sides to the patent right.
Yes, big companies have many patents to things that they have developed over the years that protect them from start ups developing the same things.
Nothing but patents stop big companies from taking any good idea that comes out and adding it to their own products.
EniGmA1987 said:
No not exactly, they have a patent on a screen you can touch to input information. So They own and "invented" the touchscreen now according to the judge. All the banks, supermarkets, UPS, FedEx, Tablet makers, Smartphones, etc etc etc etc better beware, using those touchscreens is an illegal act because the company that made them has not paid for a license to use them.
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I would like to see this all encompassing touchscreen patent that Apple supposedly has.
I know that it doesn't exist because touchscreens are more than 20 years old. Patents are not forever. They expire.
Patents are also rarely broad enough that you cannot design around them. Show it to me and I will explain ten ways to avoid infringing the patent.
That said, Apple does innovate quite a bit. On the other hand, so does every other major smartphone company. Its a very competitive industry.
Related
WTF happened in Court on Friday?
Apple over HTC in patent law case?
Check out this insane ruling...
http://www.dailytech.com/Apples+Plo...+HTC+Nears+Fruition+With+Win/article22173.htm
Sent from my 3DeeVo
Edit: (to the U.S.A.)
Goodbye competition, hello Apple monopoly.
The violated patents are rather ambiguous, and now they could sue anyone that makes a phone or really any piece of technology today for the same patent infringement.
Wow apple is a ****ing disgrace, ill never buy a product from them
Sent from my Dual Core HTC 3vo 3d
apple's scared and doing everything they can to slow down HTC ..
not sure why moto samsung and every other major phone makers don't join sides and sue apple ..
the 2 patents in questions are a joke from what i understand both patents would mean that pretty much every phone tv etc etc would infringed on these 2 patents
WOW what a ****$n joke id rather not have a phone then buy an apple product good move apple take away the whole "choice" thing from the consumer
Every great company falls. Apple is focused on litigation. Sounds like a great strategy to provide a stable growth projection for the future.
Wait till they piss off the wrong Developers/Hackers.
This patent bull**** has gotten out of hand. Google is letting all the manufacturers fend for themselves, but, Google has a huge stake in their success so I'd imagine Google must have something up their sleeve...perhaps that's a strategic ****-ton of 'nothing', we already know Google dislikes software patents to begin with. I'm not such a huge fan of them either. It ranks right up there with patenting business models. You can't copyright an algorithm so why a business model or a bit of code? How does the financial sector handle this inability to patent algorithms? The old fashioned way, fncking secrecy.
It's not like code was stolen. What if the technical and Intellectual Property landscape was like this in the early 80's when Compaq reverse engineered the IBM-PC BIOS?
So, you can reverse engineer a hardware/software interface and identically duplicate functionality of a multi-patented device for the purpose of 'compatibility' for commercial sale....but you cannot come to the obvious conclusion that a piece of data you would commonly interact with on a communications device would be something you would like the device to be aware of and know how to handle?
Apple is going down hard. I don't blame them for fighting but that smug prick Jobs has a whole lot to say about "stealing our ideas" that sounds like hardcore trolling more than anything.
Absurd. This will only slow down Android if it is found non-obvious. Though to me, a laymen in IP law, it seems pretty obvious that these are, well, obvious ideas. Sure, nobody thought of them before 1996 cuz we didn't have technology capable enough to deal with the things they are now dealing with...and a phone environment that is also a calender, gps, networked communications device would most certainly qualify as a venue for such ideas to be more than obvious to implement.
/rant
Htc will pay apple to piss off. It'll cost less than not selling phones
Sent from my PG86100 using XDA App
nice read here
http://www.infosyncworld.com/reviews/cell-phones/apple-case-against-htc-could-fall-apart/12167.html
Perfect scenario for the phrase: Money talks, bullshiv walks.
Gibsonusa said:
Htc will pay apple to piss off. It'll cost less than not selling phones
Sent from my PG86100 using XDA App
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Nope. Apple does not want to license. That's why they want to block all shipments. HTC could afford the licensing...hell, they are already paying microsoft for some strange reason....
From what I understand, the patents in question are quite old and vague. HTC is appealing the decision and I am sure this will get overturned.
ExploreMN said:
From what I understand, the patents in question are quite old and vague. HTC is appealing the decision and I am sure this will get overturned.
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yea 20 years old if i read correct
When you are loosing the battle, cry foul!
This will not hold.
Apple has lost the same type of suits before and those will bear on this case where the facts are the same.
This makes me think of those sci fi/futuristic movies where the whole world is run by an evil corporation. APPLE!
Fortress 1/2
Wall-E
Robocop
This isn't really a final ruling on the conflict. There are still many open suits for both parties. But either way it sucks for android.
http://thisismynext.com/2011/07/15/preliminary-ruling-finds-htc-infringes-apple-patents/
A good read. I always like his take on patent issues because he has some background in the area.
Sent from my PG86100 using XDA App
Considering the influence HTC has with android, if this really happens they will just build a plant here in the states to make said phones, which would surely piss off apple and our phones American made.
Sent from my PG86100 using XDA Premium App
Where can I apply for a job?
Jobs is continually and habitually making a fool of himself in his quest to keep measuring his own penis.
Mike
I find it funny because one of the patents to put it in simple terms deals with receiving telephone numbers and email addresses as clickable links in texts and other such data streams and I'm sure I was able to do this on my winmo device before the iPhone came out. And I'm sure apple wasn't the first to have a handheld device that can make and receive wireless telephone calls. Other patent owners need to start suing apple first. Or stop licensing to them.
Sent from my PG86100 using XDA App
Im not really sure what patents are but after reading about the headlines im sure it has something to do with things like code and how things work, like why we cant be able to drag one icon over another to make a folder etc.. so my question is, why does iOS5 have Android's notification bar?
In simple terms, patents give you the right to do something other people are not allowed to do. E.g.: if I made a flying robot (and got it patented - they wouldn't allow me to patent all of its features but this is just an example), then you wouldn't be allowed to make one. About your question, Apple is allowed to make a status bar since not all things are allowed to be patented. E.g.: if the first company to make a touchscreen device was allowed to patent the touchscreen, no other company could make touchscreen devices which is just not fair and not many people would be happy with that anyways.
Theonew said:
In simple terms, patents give you the right to do something other people are not allowed to do. E.g.: if I made a flying robot (and got it patented - they wouldn't allow me to patent all of its features but this is just an example), then you wouldn't be allowed to make one. About your question, Apple is allowed to make a status bar since not all things are allowed to be patented. E.g.: if the first company to make a touchscreen device was allowed to patent the touchscreen, no other company could make touchscreen devices which is just not fair and not many people would be happy with that anyways.
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This post just shows how much patents are bastardized by today's tech companies. Patents were not created so that "no one else could do the thing". The point of patents was to give the inventor a temporary monopoly in exchange for the inventor disclosing how his contraption works. This disclosure was about the betterment of society, about making knowledge public.
Patents were meant to promote innovation (the temporary monopoly was an incentive for inventors to, well, invent, as it would give them a chance to recoup their research&development costs), whereas what Theonew describes is a method of using patents to stifle innovation. So nowadays patents have been bastardized into the exact opposite of what they were created for.
Gusar321 said:
This post just shows how much patents are bastardized by today's tech companies. Patents were not created so that "no one else could do the thing". The point of patents was to give the inventor a temporary monopoly in exchange for the inventor disclosing how his contraption works. This disclosure was about the betterment of society, about making knowledge public.
Patents were meant to promote innovation (the temporary monopoly was an incentive for inventors to, well, invent, as it would give them a chance to recoup their research&development costs), whereas what Theonew describes is a method of using patents to stifle innovation. So nowadays patents have been bastardized into the exact opposite of what they were created for.
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Yes, I know this. That's why I said: "In simple terms" and also based my answer on how it is nowadays (especially in the tech area).
http://www.engadget.com/2011/12/20/apple-awarded-a-patent-for-in-call-app-switching-starts-draftin/
-_- you fcking kidding me -_-
Whats next a patent on buttons... On the battery icon...
Apple = SUPER troll
But it's already being done. And they weren't even able to multitask at all for a while after Android was.
This is Jobs' obsession. He said he would go "thermonuclear" to ruin Android.
They really need to overhaul the patent office and get some people in there who have a clue about technology.
I want to know who are the idiots sitting behind a desk mindlessly stamping "Approved" on these patents. Do they not look into these claims and see if its even particle to give one company ownership on a function that has become common practice.
Looks like it's multitasking in general.. Which apple phones are incapable of derp?
Copyright WinMo?
But reading into it (not too far...) it seems mostly about using specific buttons or such to bring up an app list during a call... with android you just hit the home button, which is not part of the GUI of the phone "app"
anywho, read into the actual patent application and it doesn't specifically apply due to some wording and regarding the "menu button" they mention over and over again.
Apple needs to be destroyed.
brando56894 said:
Apple needs to be destroyed.
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Agreed!!
Sent from my HTC Rezound!
Lulz Apple invented UNIX?? Besides isn't it easier for them now with an Android styled Notifications system?? What about what they borrowed from Blackberry and WP7? Messaging system and system form links... Copied.
How it works, give money to Obama, Democrats. They phone a friend when you need something past. or you could be friendly in the sauna at Bohemian Grove to an elite Heard Steve and Zuckerman like it there.. Obama, Bush, Cheney are awaiting for you, if you're young and cute.. lulz
Stock JW1 Odex - latest TalonDEV & ThunderBolt!
How can the concept of multtasking be patentable?
That makes no sense. Does iOS really multitask anyway?
So Apple wants every other OS to pay them royalties to multitask?
This is going to come back to haunt them. Corporate greed and naivete on designs that are either common domain or have prior art are things that won't sit well with the hipster/occupy/disenfranchised generation of iSheep.
+1 on the dimwitted patent clerks stamping these patents. Apple patents hyperlinking, essentially, in the patent that recognizes (oh boy!) a telephone number and turns it into a hyperlink that brings you directly to the dialer. It looks like hTC will find a different way to recognize text as a phone number and circumvent this patent, so who wins? Lawyers get paid. hTC has to pay software engineers to rewrite code. Functionality remains the same for the customers. The cost gets passed on to... who? Owners of both Apple and hTC phones. We all lose.
Apple is loosing ground to Android and windows phone... They know it only a matter off time before their last years news so their trying to stay relevant and patent anything and everything to have some form off profit once iDevice sales go down.
Apple got a head start since they released a phone that called the attention of the masses, but that fad is dieing. Only thing the iphone has is ease of use and windows phone hit that head on, Android still working on that.
Swyped from my Rezound 4G
Soooo how long till someone from this generation gets into the patent office. I feel that would be a major hit to apple. As the rules would change and ambiguous patents that cover broad portions of tech will no longer be valid. What a good day that will be.
sent from my HTC Vigor.
I don't know if anyone has seen the new post made on portal but I intend to send this to all the Apple Exec's and relevant people I can find.
We should all send this to the same people to let them know what we think.
Dear Apple,
Your ENTIRE organization lacks morals and free market competition basics, and as such, you are not worthy of having the glory that you now posses. While you may have revolutionized the world as we know it with very well crafted marketing campaigns and some good ideas, you are far from being a true innovator in the field of… anything. Just think for one second about the LEAPS in technology that you would have accomplished, should you have invested in R&D a quarter of the money you spend into advertising and marketing. Then, you would have something worth portraying as a technological wonder, something that would likely be untouchable by others. Something truly genuine that you can call your own, and at the end of the day you could look at with pride. What you have right now is a bunch of reinvented wheels, most of which don’t do much more than other wheels out there.
Redefining concepts and ideas is not what makes a company great; coming up with new concepts is. HTC and other major OEMS have often been in the vanguard by innovating with their products, adding new features, rethinking, and just putting concepts out there to imagine their possibilities. Your last innovations and only major contributions to the world of mobile technology were the inclusion of capacitive multi-touch gestures and an accelerometer in mobile devices, and these were with the original iPhone back in 2007. For that and only that, I give you credit. All the newer models of virtually every product you sell have been remakes of previous technology—perhaps a little thinner and a little faster, but all in all, minor changes.
It is because of companies like yours that technology is not further today than where it currently is. You are so adamant in protecting something that you didn’t even invent that you are holding back future innovation. The spirit and basic concepts of engineering are completely missing from your business models. Courtesy of the Accreditation Board for Engineering and Technology:
Engineering is the profession in which a knowledge of the mathematical and natural sciences gained by experience, study, and practice is applied with judgement to develop ways to utilize economically, the materials and forces of nature for the benefit of mankind.
Notice the importance of the concept that you are no longer following. Engineering practices are used for the betterment of mankind. What have you done for this purpose? Rebrand an existing technology (MP3 players) and sell them for twice the price? Trying to cripple your competitors by claiming that you invented something that was previously invented, when you simply adapted the technology and closed off any other use of this by others? This can be compared to using a Linux kernel (if it weren’t under GPL license), patenting it, and closing it off so that no one else can use it.
Apple, you are simply a disgrace to the world of technology and to engineering in general. I feel ashamed of being called an engineer in a world where your company roams around freely without even following the most basic of the field’s concepts—a world where the law and justice are blind to the fact that your actions are hindering humanity’s advancement. While I understand that there is nothing wrong with making money, there is something very wrong with replacing engineering with greed.
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Does anyone know some definite e-mail addresses to Apple execs and relevant people?
E-mail Addresses found so far:
Tim Cook [email protected]
How about sending it to one infinite loop,Cupertino CA
At least spam filters won't get it...
Sent from my Galaxy Nexus
I went to their site earlier today and when on chat to let them know my anger. Click thru their Google ad first
Nice! Even though i dont have any email addresses, i think this should be posted to any and every response to or from a crapple fan or employee.
Sent from my Transformer
sent
This is silly.
I mean, heck. If I were company A who invented idea X and company B came along with idea X, I would not be so different from Apple.
And, Apple employees are not the ones hording our EVOs. Its the government.
What we need is a "Free EVO" campaign
typhoonikan said:
And, Apple employees are not the ones hording our EVOs. Its the government.
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Ah, didn't realize the Customs office is holding HTC products for ****s and giggles.
Doesn't matter. Voices need to be heard.
I sent one too!
Steve Jobs would sometimes personally answer emails, but I doubt Tim Cook would. Honestly at this point it's out of Apple's hands as it's US Customs who are enforcing it and controlling the process of holding the phones so a mass email to them would be more effective.
typhoonikan said:
This is silly.
I mean, heck. If I were company A who invented idea X and company B came along with idea X, I would not be so different from Apple.
And, Apple employees are not the ones hording our EVOs. Its the government.
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Therein lies the biggest issue, Apple didn't invent a lot of the stuff they have patents for. They are just the first ones to try and patent something so ridiculous.
coolblue830 said:
Steve Jobs would sometimes personally answer emails, but I doubt Tim Cook would. Honestly at this point it's out of Apple's hands as it's US Customs who are enforcing it and controlling the process of holding the phones so a mass email to them would be more effective.
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Tell my why the HTC One on T-Moblie is being held? You know, the network without the iphoney...
Pure thuggery by apple
Sent from my Sprint Galaxy Nexus CDMA using Tapatalk 2
shook187 said:
What we need is a "Free EVO" campaign
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As in "free" beer, or "free" willy?
Sent.
All sprint and other cellular phone salesman should advise customers against buying the iPhone. Recommend a Nexus or EVO LTE instead.
Peace All,
Where is ANONYMOUS when we need them? They would be the best at doing this--hey they might even be able to shut down some of Apple's infrastructure
phatmanxxl said:
All sprint and other cellular phone salesman should advise customers against buying the iPhone. Recommend a Nexus or EVO LTE instead.
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I sell phones and already do this! B-)
Apple doesn't care what non-customers think of them.
Apple's action is anti-consumer, it's time to awaken the government's consumer protection arms to take action against Apple. Write to your Attorney Generals, write to the Federal Trade Commission. Make Apple listen.
All,
As we know, the big M generally supports '1 (big) software update' when it comes to Android.
They have not yet launched ICs in europe officially, because the MAXX is yet to be released fully.
If Microsoft has managed to get a ban on the import of M products, do you think this will have a knock on effect on them releasing ICS?
Maybe
Omg... I don't care about their patent wars....
What they think will happen?- all people decided to buy an android phone will go and buy wp7 phone because of the ban or what?
If only they invest such an afford to developing new technologies and improvements instead of these nonsense legal wars leading nowhere...
30 years ago I read a scifi novel that painted the scenario of a world controlled by just a few giant multinational corporations waging constant legal wars with each other. when the corps lost badly in court they would have puppet governments bomb the other corp. i thought it was over the top too far fetched.
hee hee haw haw
iolinux333 said:
30 years ago I read a scifi novel that painted the scenario of a world controlled by just a few giant multinational corporations waging constant legal wars with each other. when the corps lost badly in court they would have puppet governments bomb the other corp. i thought it was over the top too far fetched.
hee hee haw haw
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I just watched 1984 on demand.... a lot of the technology described (tvs, monitoring devices, and audio projection) during the making of that book didn't exist but is all too real today. Worse even...
Science "fiction" eh...
Sent from my DROID RAZR using Tapatalk 2
maarawoe said:
Omg... I don't care about their patent wars....
What they think will happen?- all people decided to buy an android phone will go and buy wp7 phone because of the ban or what?
If only they invest such an afford to developing new technologies and improvements instead of these nonsense legal wars leading nowhere...
Click to expand...
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They don't lead nowhere.
They lead to more money in the huge corporations' pockets.
And in their lawyers'.
I know of a company near here that has sued a number of companies for using a bootloader, claiming that any company that uses a bootloader is infringing on their intellectual property rights.
After years of delays and hundreds of thousands of dollars in the pockets of the lawyers on both sides, the company agrees to a settlement to the tune of a few hundred thousand, plus their legal fees of course, and moves on to its next lawsuit.
Populist corporation-bashing aside, these suits are something we're going to have to get used to. The smart phone market is highly competitive and every manufacturer is looking at every patent they control to see if a competitor might be infringing. Apple and Samsung are the worst offenders, although they're now in settlement talks. Entire companies are bought and sold not because of any market value, but for the patents they own.
All we can really hope for are some judges to throw out frivolous nonsense like "patent for device vaguely rectangular in shape that requires fingers to operate" and deal with legitimate cases such as Google V. Oracle.
But, will this effect the ICS rollout? Doubt it. They'll likely not admit it if it is the case, anyway. But regardless, Microsoft won a judgment. There is no ban in effect, yet. It is highly improbable that there will be one. Right now, the case is under a 60 day "presidential review" period where Obama could personally overturn the ruling. What is key is Motorola must now put $0.33 in a fund for every Android handset it sells. If upheld, this will go to MS. Now, Motorola must either remove the offending code, or pay a license fee to Microsoft. Either way, don't expect huge bonded customs warehouses with stacks of Razrs.