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Apple and its CEO, Steve Jobs, have a history of bullying people says former Sun CEO.  (Source: Getty Images)
Apple CEO Steven P. Jobs : "I’ll just sue you."

Faced with the growing threat of the Android army of smartphones to its best-selling iPhone, Apple unleashed a litany of litigation to try to stop sales of the phones.  Google is too powerful to attack head on, so instead Apple is trying to pick off the hardware makers, starting with HTC, makers of the Hero, MyTouch, and Nexus One.  There are a lot of questions over whether Apple's barking up the wrong tree, however, given how broad and vague its patents seem.

Jonathan I. Schwartz, former CEO of Sun Microsystems, sounded off in a blog in which he recalls a similar incident in which Apple CEO Steven P. Jobs threatened to sue his company.  

The event occurred back in 2003.  Sun Microsystems had just unveiled "Project Looking Glass", a prototype Linux desktop with a rich 3D graphical desktop environment – Apple wasn't happy about that.

Jobs contact Schwartz, warning that the Linux project was "stepping all over Apple’s IP" and that if they put it out on the market, "I’ll just sue you."

However, Schwartz was wily and knew how to fight back.  He had helped found Lighthouse Design, which made software for the short-lived NeXTSTEP operating system, which was acquired by Apple with the purchase of NeXT in 1996.  A Lighthouse NeXT product, Concurrency (presentation software -- think PowerPoint), looked eerily similar to Apple's recently unveiled Keynote.

So Schwartz fired back at Jobs, "Steve, I was just watching your last presentation, and Keynote looks identical to Concurrence – do you own that IP?  And last I checked, MacOS is now built on Unix. I think Sun has a few OS patents, too."

Jobs was quiet and never threatened Schwartz about the product again.

He notes that Jobs isn't the only litigation bully in the tech industry, though.  He recalls an exchange in a later meeting with former Microsoft CEO Bill Gates and current CEO Steve Ballmer, about OpenOffice, a popular Sun product.  In the meeting Gates threatened, "Microsoft owns the office productivity market, and our patents read all over OpenOffice.  We’re happy to get you under license."

Recalls Schwartz, "That was code for 'We’ll go away if you pay us a royalty for every download' – the digital version of a protection racket.  Royalty bearing free software? Jumbo shrimp. (Oxymoron.)"

Sun countered the threats with comments about the similarity of .NET to patented material in Sun's popular Java platform.  Commented Schwartz, "We’ve looked at .NET, and you’re trampling all over a huge number of Java patents. So what will you pay us for every copy of Windows?"

Again, the threats were dropped.

Schwartz says that big companies trying to bully others with litigation stinks of desperation.  He writes:

I understand the value of patents – offensively and, more importantly, for defensive purposes. Sun had a treasure trove of some of the internet’s most valuable patents – ranging from search to microelectronics – so no one in the technology industry could come after us without fearing an expensive counter assault. And there’s no defense like an obvious offense. 

But for a technology company, going on offense with software patents seems like an act of desperation, relying on the courts instead of the marketplace. See Nokia’s suit against Apple for a parallel example of frivolous litigation – it hasn’t slowed iPhone momentum (I’d argue it accelerated it). So I wonder who will be first to claim Apple’s iPad is stepping on their IP… perhaps those that own the carcass of the tablet computing pioneer Go Corp.? Except that would be AT&T. Hm.

That's some interesting perspective from one of the electronics industry's top players.  It's clear that Apple is bullying HTC; Jobs didn't even give the company so much as a hint before slamming it with a massive lawsuit.  Is Apple's suit against HTC a desperate and misguided measure?  And will Google, who supports HTC, threaten Apple back?  That could get interesting.

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By Reclaimer77 on 3/10/2010 9:20:34 AM , Rating: 5
That's all there is to say about Steve Jobs. An absolute scumbag.

Our "justice" system is long overdue for an overhaul. Threatening lawsuits to get what you want isn't how the justice system was intended to be used.

I think it's really pitiful that a company who probably shouldn't be around today has gotten to where it is simply by lawsuits, threatening lawsuits, and GROSS patent trolling and bullying.

RE: Scumbag
By The0ne on 3/10/2010 9:25:56 AM , Rating: 3
I think we realize it is just not Apple that is doing this, except that they are big and in the news.

RE: Scumbag
By AntiM on 3/10/10, Rating: -1
RE: Scumbag
By mfed3 on 3/10/10, Rating: -1
RE: Scumbag
By StevoLincolnite on 3/10/10, Rating: -1
RE: Scumbag
By crystal clear on 3/10/2010 10:59:35 AM , Rating: 5
fuck you fanboy

Let me do a patent search to check if somebody holds a patent for this.

RE: Scumbag
By bigboxes on 3/10/2010 1:44:42 PM , Rating: 5
What we are witnessing lately is the outing of Apple. They are not the "cool alternative guy" that they depict in their cute TV advertisements. Rather, they are just another suit. Big business at it's ugliest. If you're buying Apple's products to be different you are not. You are just part of the masses that help make different stockholder rich. You think that Jobs "understands you" or cares about you? LOL

RE: Scumbag
By Performance Fanboi on 3/10/2010 3:52:03 PM , Rating: 2
You think that Jobs "understands you" or cares about you? LOL

Well said.

For the Apple fanatics:
It's 'up the highway' not 'across the street'.

RE: Scumbag
By Roffles on 3/10/2010 3:52:22 PM , Rating: 5
I couldn't agree more. The part that troubles me about Apple is that they are buying up small business IP and bringing it into their massive closed system. Because some of this IP has so much leverage against the basic functionality of mobile computing, it's bad for everyone on the business and consumer end.

In my own little perfect world, the following things will happen:

1. Much of Apple's patent portfolio will be judged as too broad and anti competitive and their ability to threaten lawsuits will be greatly diminished.

2. Windows Mobile 7, Maemo and Android (maybe a revamped Blackberry OS?) will slowly chip away at Apple's smart phone market share as new phone models come out over the coming year. This is pretty much a guarantee.

3. The ever evolving hardware/software features of smart phones and tablets will make iPods and other stand alone portable media players redundant and their popularity will diminish. This is also pretty much a guarantee.

4. The popularity of Windows 7 OS will continue to spread like wildfire. The notion of using OS X as an alternative to the dated WinXP or "buggy" Win Vista will cease to exist. Again, it's pretty much a guarantee that the adoption of OS X will slow down.

5. Apple, who understands the importance of being first to market, will have shot itself in the foot by being first to market with the redundant iPad. It will be looked on by reviewers as a disappointment. This is the slow motion train wreck we are watching right now. Furthermore, their head start will be short lived and quickly overshadowed by the MS Courier which looks to offer something unique and worth buying.

6. Apple will make bold, stupid and overpriced moves with its 40B cash reserve and investors will abandon ship.

RE: Scumbag
By ET on 3/11/2010 2:34:52 AM , Rating: 2
True. They're a big business, and they behave like many other big businesses. That's still a big step up from patent trolls that produce nothing and sue everyone for a cut. I'd rather have patents toned down in general, but I hate those leeches who live purely off suing over them far more than I hate the big companies using them to harass others.

RE: Scumbag
By melgross on 3/10/10, Rating: -1
RE: Scumbag
By crystal clear on 3/10/2010 11:55:14 AM , Rating: 2
Reclaimer77 says: That's all there is to say about Steve Jobs. An absolute scumbag.

Apple CEO Steven P. Jobs responds: "I’ll just sue you."

Jason Mick observes- That could get interesting.

RE: Scumbag
By Pirks on 3/10/10, Rating: -1
RE: Scumbag
By KoolAidMan1 on 3/10/2010 5:33:52 PM , Rating: 2
Newsflash: ALL corporate behavior is cutthroat and "scumbag". You're deluded if you think Microsoft, who was cited as another example in this article BTW, is any nicer than Apple or any other multi-billion dollar corporation out there.

Accept that fact, focus on who makes products that you want, and then move on. Nerd rage over big corporations being "mean" is a huge waste of time and energy. That level of competitiveness is how any of them got there in the first place.

RE: Scumbag
By Pirks on 3/10/10, Rating: -1
RE: Scumbag
By akugami on 3/11/2010 1:38:12 PM , Rating: 1
I don't see how you can call Steve Jobs a scumbag and let the other CEO's in the article slide. Cause reading the article, similar shenanigans was coming from MS's top brass (Bill Gates, Steve Ballmer). And over the years, we have a lot of examples of MS using questionable (from an ethics standpoint) tactics as well as using their influence to kill off or hinder competitors. Not that Apple hasn't done the same mind you.

I'm not saying the actions of Jobs is in any way justifiable unless another company did infringe on actual patents and not the vague shit the patent office rubber stamps. The real issue is the vague BS patents that are granted and then companies inevitably become patent trolls cause they can't produce crap that will sell.

Love Apple or hate Apple, they have done a lot for the computer industry. If we were totally honest and get over our "Apple is teh sucks" rant that some of the folks here get upvoted for, we can honestly see that they have helped advanced computing in many ways. Their strengths are not in new inventions but putting it all together in one smooth package.

Take the GUI. Yes, many of the base parts were invented at Xerox's PARC. However, Xerox mismanaged their brilliant engineers and didn't do crap with a lot of their inventions. Before the Apple haters say "Apple stole Xerox's inventions" yet again, it needs to be said that Apple paid to use those patents. Yes, paid. It was in the form of pre-IPO stock options. Apple obtained permission from Xerox's top brass to visit PARC and look at the work being done on GUI's by PARC researchers with the idea that Apple would use it to create a new product. Apple also enhanced the GUI prototype to a large degree with concepts and inventions such as the Finder and the biggy IMHO, Drag and Drop. Many of the concepts invented at Apple to enhance the GUI were stolen by Microsoft.

And before the iPhone OS, most smartphones were barely usable (yes, I'm looking at you Nokia and Microsoft). Every smartphone after it has almost been an iPhone clone (from a GUI perspective).

We can hate Steve Jobs for a lot of stuff and we can also decry a lot of his actions while running companies while a CEO but he's undeniably successful and in many ways a brilliant businessman.

By Landiepete on 3/10/2010 10:02:53 AM , Rating: 5
DONT'T underestimate the power of the Schwartz !

(Sorry couldn't help myself...)

RE: Steve....
By ians55 on 3/10/2010 7:49:30 PM , Rating: 2
Loved it!!!
"And may the Schwartz be with you"

startups and lawsuits
By supergarr on 3/12/2010 11:57:51 AM , Rating: 2
So what happens when Apple hits a new tech company that has a desirable product? Is it right for that company to fold because it can't keep up with legal costs? Is there any recourse for this company (assuming it is a frivolous and baseless suit)

In 2003, Apple's stock was $9 a share
By Lord 666 on 3/10/10, Rating: -1
RE: In 2003, Apple's stock was $9 a share
By dark matter on 3/10/2010 9:36:10 AM , Rating: 3
Actually it is quite material, it goes to show a leapord never changes it spots.

By Helbore on 3/10/2010 9:52:39 AM , Rating: 5
You're right. They just cover up the spots and call it Snow Leopard instead ;)

RE: In 2003, Apple's stock was $9 a share
By Gul Westfale on 3/10/10, Rating: 0
By Poir1 on 3/11/2010 6:59:22 AM , Rating: 1
I can't beleive nobody got the Trailer Park Boys reference!

Can't get enough of mr. Lahey shit sentences.

By wetwareinterface on 3/10/2010 2:09:36 PM , Rating: 1
the problem with this whole law suit and the reason why every journalist and blogger online who doesn't have their heads completely buried up Apple's ass is...

the multitouch patent for the iphone/ipod itself is going to be invalidated if it's ever brought up in a court battle. it's based on the distinction that the "portable device" clause in the patent is different enough and isn't 100% based on a prior existing patent for multitouch devices in general held by microsoft for the surface product (prior art). apple stands to lose large by suing htc for a patent they can't hope to reasonable defend in court if htc hires any lawyer with half a brain (i know it will take a long search for one but they may actually find one).

do some research of your own before rushing in to be apple's biggest fanboy. multitouch has too many previous patents for apple to ever claim they own it for portable devices as theirs is completely a copy of the microsoft patent just reworded to only be for "portable devices". microsoft may not even be able to defend their patent succesfully as there is also previous work their patent is based off of and may be seen as too derivitive.

By crystal clear on 3/10/2010 9:06:17 PM , Rating: 2
I think you should read this article recomended just by every major site of any good repute-

Apple vs HTC: a patent breakdown
Posted Mar 2nd 2010 3:09PM by Nilay Patel

He concludes-

But what we do know is that Apple's specifically gone after HTC's Android devices, and it's organized its attack very carefully: it's gone before the ITC with a collection of older patents on very deep OS-level functionality, which traditionally would be considered stronger patents, and it's gone before the federal court with a different set of patents that include some very new claims on user interface features. Both courts have the ability to stop HTC from selling devices and issuing fines, but none of that is going to happen anytime soon. The real question now is how HTC is going to respond -- and whether or not Google is going to get involved.

An out of court settlement which is the practical solution in most cases,where the hardcore bargaining of patent trade offs & cross licensing are done & closed into agreement.

"It's just a matter of how much money flows to which party for the rights they end up swapping."

As for the multi touch patent-

" Top-tier handset makers continued to avoid implementing multi-touch , but Apple could safely assume that they were hanging back to gauge Apple's response to Motorola and HTC. If there wasn't one, the OEMs would likely read the silence as a green light, especially after Google also moved to enable multi-touch on its Nexus One phone.

The very fact top-tier handset makers continued to avoid implementing multi-touch shows they have done their legal research,they prefer to move on than get stuck in legal proceedings.

There is NO fanboyism here on my part,rather an effort to seek the correct facts & await the final conclusions in or outside court.

Everyone should be happy, EVEN that reclaimer troll :P
By Pirks on 3/10/10, Rating: -1
By Reclaimer77 on 3/10/2010 9:45:39 AM , Rating: 5
I think your mom should cut you off from sugared cereals.

By 67STANG on 3/10/2010 12:45:06 PM , Rating: 5
Funny that she gives him kiddy cereal... She makes me pancakes.

By afkrotch on 3/10/2010 8:12:14 PM , Rating: 3
That's crap! I don't get cereal or pancakes. Just a handjob.

By Gul Westfale on 3/10/2010 11:40:11 PM , Rating: 2
his mom gives out pancakes and handjobs?

where do you guys live?

By B3an on 3/11/2010 2:26:28 PM , Rating: 2
I get handjobs and pancakes at the same time.

But sometimes when i'm at his moms i hear strange noises coming from the basement. The basement door has 6 locks on it.
One time i heard "oh, steeeeve" ...

By Abrahmm on 3/10/2010 9:50:45 AM , Rating: 2
That is a blanket statement, the individual case may vary. It's clear that Jobs and Apple are suing HTC because they see the writing on the wall and are trying to slow down Android. Even if the publicity will help Android, it is help it doesn't need. Android is bound to take over the iPhone, suing or not.

By rudy on 3/10/2010 9:58:43 AM , Rating: 2
I agree with him they say there is no such thing as bad publicity and it is true in many cases. Especially for non profit products.

By Pirks on 3/10/2010 10:01:42 AM , Rating: 1
Is Android really non-profit?

By pequin06 on 3/10/2010 2:12:34 PM , Rating: 2
By Mitch101 on 3/10/2010 10:37:42 AM , Rating: 2
Worked for Married with Children the more people complained the bigger the show got.

By Vagisil on 3/11/2010 12:56:42 AM , Rating: 2
Ey Peg.. will ya get me an iBeer?

Leadership in Action
By hiscross on 3/10/10, Rating: -1
RE: Leadership in Action
By The0ne on 3/10/2010 10:16:53 AM , Rating: 2
RE: Leadership in Action
By hiscross on 3/10/2010 5:36:44 PM , Rating: 2
H-P Tablet like Hitler will be dead soon enough. Looks like someone copied the same clip that was used to tell Hitler Michael Jackson was dead. See what you get when you multi task and use Flash at the sametime.. a dead battery. Great leadership

RE: Leadership in Action
By crystal clear on 3/10/2010 10:27:12 AM , Rating: 4
Here they simply rate you down ! ask Pirks,Reader1 & others, but ratings dont earn you a living !

Its not the contents of your post rather "whose side you are on".

One liners & name calling is the easy way out when they do not have a intelligent response.

But its fun reading those heated responses & make commenting on DT a lively lite the fire !

RE: Leadership in Action
By Pirks on 3/10/10, Rating: -1
RE: Leadership in Action
By crystal clear on 3/10/2010 11:33:57 AM , Rating: 2
Comments that have made the D.T. user experience the iPhone & ofcourse the mighty iPad.....Pirks is simply enjoying every minute of this.

RE: Leadership in Action
By hiscross on 3/10/10, Rating: 0
RE: Leadership in Action
By brshoemak on 3/10/10, Rating: 0
Apple Bashing?
By dcarlton1 on 3/10/10, Rating: -1
RE: Apple Bashing?
By xpax on 3/10/2010 11:44:50 AM , Rating: 5
Amusing. Unique.

I will be at the head of the parade the day Apple comes out with an original product. I'll swirl batons and shit. Don't hold your breath.

RE: Apple Bashing?
By chick0n on 3/10/2010 9:56:42 PM , Rating: 1
unique my ass

That simply means you don't know $hit.

Patents are valid? lmao. watch them lose. and oh, they should fired those morons working at the patent office.

Phone with touch screen exist even before iPhone was a concept. woooo so unique ?

Tablet computer has been out 10 years ago. UNIQUE ??????

Kiss my butt moron.

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