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In Apple's view Android smart phone makers are oppressing it and trying to engage in anticompetitive tactics.

Meanwhile Apple is trying to ban Android smart phones and tablets from the market with lawsuits.  (Source: Google Plus)
Company says its rivals are being "anticompetitive" by trying to defend themselves with IP

In a scene straight out of Bizarro World, Apple, Inc.'s (AAPL) lawyers are crying foul about Samsung Electronics Comp., Ltd. (SEO:005930) and recent Google Inc. (GOOG) acquisitions Motorola's allegedly "anticompetitive" use of patents.

I. Apple Claims Android Phone makers are "Abusing" Patent System

Yes, this is the same Apple that has initiated a patent war 
[1][2][3][4][5] with these smartphone rivals.  And it's the same rival that has tried to remove competing products from the market, rather than agree to negotiate a licensing fee.  And it's the same company that patented multi-touch gestures 26 years after they were invented at a research university.  And it's the same company that allegedly doctored evidence in European courts [1][2] to support its lawsuits against Android.

Yet in Apple's rose-colored glasses it is Samsung and Motorola who are bullies.  Apparently Apple is irate about these companies' 
countersuits, which rely largely on patents covering wireless communications.

Many of these patents are governed by the "fair, reasonable and non-discriminatory" (F/RAND) principle, as they were developed as part of industry standards.  Basically the premise is that R&D companies are guaranteed to be paid, but generally have to license F/RAND patents to whoever wants to use them.

But given Apple's legal belligerence, the carriers have made a special exception when it comes to Apple.  And Apple, struggling in court, is growing increasingly frustrated.

The company's lawyers stated in a recent Motorola hearing, "By making false commitments that led to the establishment of worldwide standards incorporating its own patents and eliminating competing alternative technologies. Motorola [Mobility] has become a gatekeeper, accruing the power to harm or eliminate competition in the relevant markets if it so desires."

Apple takes issue with the fact that Motorola in its countersuit declines to differentiate the 7 F/RAND patents in its 18 patent collection.  In a previous case Finland's 
Nokia Oyj. (HEL:NOK1V) used F/RAND patents, along with other patents, to win a cross-licensing settlement with Apple.  However, apparently in that case Nokia differentiated the F/RAND patents in a special section of its court filings -- something Apple is supposedly okay with.

II. Apple Supporters Chime In

Apple has some allies in the F/RAND debate.

On Bloomberg TV the founder and CEO of a leading standards certifier M-CAM, Dr. David Martin, joined the attack, calling Motorola's patents "crap" and 
stating, "And the relatively best ones MMI has -- which wasn't discussed on Bloomberg -- are subject to FRAND commitments."

And pro-Apple patent blogger Florian Mueller 
comments, "[T]here have been completely off-base claims by some people that the 18 patents MMI is asserting against Apple are so powerful that they can protect Android as a whole (including other OEMs, such as Samsung, HTC and LG). [Google is] issuing statements that blow the strategic value of MMI's patents completely out of proportion. Googlorola won't help Samsung, as I explained before."

He quotes Apple's lawyers writing, "Samsung has unlawfully acquired monopoly power in markets for the technologies purportedly covered by patents which Samsung claims are essential to industry standards ('declared essential patents') by deceiving standards-setting organizations ('SSOs')... having obtained this ill-gotten monopoly power, Samsung has engaged in a relentless campaign of illegal and abusive assertions of its declared-essential patents to try to coerce Apple into tolerating Samsung's continuing imitation of [the iPhone and the iPad]."

III. EDITORIAL: Our Take

Regardless of what Mr. Mueller says, it's hard to dispute that the "rules" of F/RAND are largely community dictated and ambiguous.  This is clearly a highly specialized case in which one company is using questionable claims (e.g. the ownership of all modern smart phone and tablet designs) to try to dictate its will on the market and grant itself a monopoly.  Whether the victims still have to bow down and offer their attacker F/RAND licensing is certainly debatable.

And Mr. Mueller's assertion that the IP won't help Motorola and Samsung's case seems disingenuous.  After all, if it were so inconsequential, why would Apple be so upset about it in court?

This isn't the first time that Apple has accused competitors over something it itself is doing.  
Apple chief executive and co-founder, Steven P. Jobs has bragged about his mastery of stealing ideas from others, stating [video], "Picasso had a saying - 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas."

But faced with large touch-screen competitors to his iPhone and iPad, the CEO and Apple's lawyers cried foul, accusing these rivals of "slavishly" copying the company's intellectual property.



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Hey Apple
By ThatNewGuy on 8/31/2011 9:30:43 AM , Rating: 5
Here's a tissue.




RE: Hey Apple
By frobizzle on 8/31/2011 9:59:50 AM , Rating: 5
Karma can be a real bitch, can't it? LOL!


RE: Hey Apple
By Bad-Karma on 8/31/2011 10:25:38 AM , Rating: 5
Aw, I never said anything bad about you....lol


RE: Hey Apple
By nikon133 on 8/31/2011 5:48:41 PM , Rating: 2
(soothing) I'm sure he was talking about that other Karma, across the road...


RE: Hey Apple
By Raiders12 on 8/31/2011 10:13:58 AM , Rating: 5
There's an even better way to "get back" at Apple...don't buy their products. They can cry and sue all they want in court, but I can ultimately win by never owning their Macbooks, iPods, iPads, or using iTunes. iHateApple.


RE: Hey Apple
By cjohnson2136 on 8/31/2011 10:14:38 AM , Rating: 2
I was stuck with my really iPod luckily I was able to ditch that over the weekend. Now that I have Google Music I don't need my iPod :D


RE: Hey Apple
By Raiders12 on 8/31/2011 10:17:50 AM , Rating: 4
Google what? I'm too busy enjoying unlimited music with zune Pass, THE BEST music service on the net.


RE: Hey Apple
By cjohnson2136 on 8/31/2011 10:23:14 AM , Rating: 2
I had it but I stopped it to go to a free service. I did like Zune but my wife didn't want me spending the 15 bucks a month for it. Plus I didn't have any device I could use with Zune. Google Music I can use on any computer.


RE: Hey Apple
By Raiders12 on 8/31/2011 10:25:12 AM , Rating: 5
You're a good man! I love zune Pass, but I can see your choice of Google Music is justified.

iclowns will continue paying $1+ per song, while I enjoy any song for $15..hehe.


RE: Hey Apple
By cjohnson2136 on 8/31/2011 10:31:31 AM , Rating: 2
Yeah I actually use frostwire and upload my music that way. So free service + free music + service on any device = triple win

But I did love my zune pass + the 10 credits per month.


RE: Hey Apple
By drycrust3 on 8/31/2011 12:33:48 PM , Rating: 4
I just use the radio.


RE: Hey Apple
By bupkus on 8/31/2011 7:05:32 PM , Rating: 2
Were you actually voted down or did you post with a value of 1?


RE: Hey Apple
By Solandri on 8/31/2011 4:38:24 PM , Rating: 1
quote:
iclowns will continue paying $1+ per song, while I enjoy any song for $15..hehe.

This isn't rocket science. $15/mo * 12 months = $180/yr.

If you on average listen to more than 180 different new songs per year, you are better off with the $15/mo subscription service.

If you on average add fewer than 180 different new songs to your music collection each year, you are better off buying them at $1/ea.

I typically buy less than $50 worth of music a year, so I do the latter and use the radio/Pandora for my "random music" fix. Different strokes for different folks.


RE: Hey Apple
By Alexstarfire on 8/31/2011 4:50:36 PM , Rating: 2
That's not accurate in terms of the math. Since you can actually acquire, as in own, 10 new songs per month, assuming what I've read so far is true, it's far closer to something like $5 per month for whatever you listen to but don't want to own + $1 per song for 10 songs you do want to own. Of course, we both have some generalizations and assumptions in our logic. There is a tipping point but it's lower than 180 new songs a year. That'd be the max tipping point.

For me the iTunes approach would be far cheaper in the long run since I don't even add but a handful of new songs I'd like to own in a given year. That said, I just use Pandora.


RE: Hey Apple
By V-Money on 9/1/2011 7:03:17 PM , Rating: 2
A friend gave me that argument against zune (even though he spent much more than that on music) saying he preferred buying songs at a set price...I responded that the zunepass is an option, and you can buy songs at a set price as well. I never could figure out why people think additional options are a bad thing...


RE: Hey Apple
By firewall597 on 9/3/2011 6:53:01 PM , Rating: 2
This isn't exactly true.

First of all, you COULD buy a year's subscription at a discounted rate, like I do.

Second, you're only taking into account the songs you get to keep forever, which isn't nearly as important as the UNLIMITED downloads that you get to keep for as long as you're subscribing.

Then, once you stop paying and the dust settles, you at least get to keep a comparable amount of music to Apple's $1.29 songs.


RE: Hey Apple
By Reclaimer77 on 8/31/2011 2:40:20 PM , Rating: 3
quote:
I did like Zune but my wife didn't want me spending the 15 bucks a month for it.


*whip crack sound effect*

Grow a pair man.


RE: Hey Apple
By cjohnson2136 on 8/31/2011 3:17:10 PM , Rating: 4
Seriously dude...why don't you grow up before you start judging my marriage


RE: Hey Apple
By spread on 8/31/2011 4:08:13 PM , Rating: 5
quote:
Seriously dude...why don't you grow up before you start judging my marriage


He should have asked your wife for permission before judging you.


RE: Hey Apple
By amanojaku on 8/31/2011 3:21:47 PM , Rating: 3
Perhaps he can learn some lessons from Cartman.

http://www.youtube.com/watch?v=Cd30JESdb9o


RE: Hey Apple
By AmbroseAthan on 8/31/2011 10:30:50 AM , Rating: 2
They are slightly different markets...

Google Music is free for storage of 20,000 songs you can than stream or download to anyplace else which supports it (Browser or App).

Zune Pass is $15/month and definitely a good deal for people who buy enough music to warrant the price.

Personally, between Pandora & Google Music, there is no need for me to spend $15 a month. I barely ever spend more than $15 a month on song purchases, so Zune Pass is not worth it. Pandora lets me find new stuff, Google Music lets me stream what I already have (both to my devices, EVO 3D, Asus Transformer, any computer).


RE: Hey Apple
By inighthawki on 8/31/2011 10:40:31 AM , Rating: 3
Pandora is always a good choice, but both pandora and google music have a huge flaw. Pandora you cannot choose the song you want (though it does open you up to songs yopu like that you didn't know exist) and google music may have storage for 20k songs, but you have to already own them.

Zune pass gives you unlimited access to any song you want at the cost of the monthly fee.

If you already have a lot of music, or you are one who just pirates all of their music, then I guess google music is a good choice, but otherwise the zune pass is quite an outstanding deal (especially since you get to download and keep a few songs per month on top of the streaming service).


RE: Hey Apple
By phatboye on 8/31/2011 10:52:20 AM , Rating: 2
get spotify.


RE: Hey Apple
By Raiders12 on 8/31/2011 11:31:34 AM , Rating: 2
Exactly, well said.

I LOL'd so hard when Apple announced iCloud and everyone thought it was some sort of pay-for music service, "Hey let me charge you to upload music you own into our proprietary format and access it :)"

Zune = Most/all music and 10 song downloads, which pays for the $15. I love it and my zune HD.

Topic on hand, Apple should STFU and quit bellyaching. $70 billion in cash not enough for them?


RE: Hey Apple
By cjohnson2136 on 8/31/2011 11:50:10 AM , Rating: 2
My one issue with zune was I could not access Garth Brooks songs. It made me sad :(


RE: Hey Apple
By Reclaimer77 on 8/31/2011 2:38:56 PM , Rating: 1
Don't forget the podcasts! Nothing out there has more of a comprehensive podcast selection than Zunepass. Most podcasts on Zune are free, too!


RE: Hey Apple
By V-Money on 9/1/2011 7:09:43 PM , Rating: 2
I'm only sad because they killed the Zune originals program awhile back. I love my HD with the artist series, but right before they killed it they had an option to create your own laser engraved image by uploading a pic. I personally love the zunepass and it is the only reason I would even consider switching to a WIN7/8 phone from my android (since you can use it on up to 5 phones as well as 3 zunes), but I'm still debating since I have most my collection on google music.


RE: Hey Apple
By woody1 on 9/1/2011 11:39:28 AM , Rating: 1
Personally, I prefer Spotify. You can listen to almost anything you can think of, on demand and it provide good playlist support, etc.

Another good alternative is MOG, which is similar to Spotify, but not as well known. MOG, unfortunately, has a good web app, but their Android app is terrible. So Spotify gets the nod.


RE: Hey Apple
By Jeffk464 on 8/31/2011 12:00:57 PM , Rating: 2
I think ipods and other mp3 players are being made redundant by smart phones.


RE: Hey Apple
By Motoman on 8/31/2011 10:18:51 AM , Rating: 4
Verily. Their wildly abusive behavior, in this case in patent courts, is fueled by the vast amount of cash that rabid fanbois throw at them.

The reason Apple does all this BS is because the world is rife with morons that keep buying their products. If you want to know who to blame for this behavior, and you own an Apple product...look in the mirror.


RE: Hey Apple
By Raiders12 on 8/31/2011 10:21:55 AM , Rating: 2
I hold proud to the fact I've never bought an Apple product. I used iTunes for a millisecond since I was forced to DL it to get Quicktime...


RE: Hey Apple
By Motoman on 8/31/2011 11:59:14 AM , Rating: 1
You can get QT without iTunes.

And FFS people, you don't have to use iTunes with your iThing anyway. WinAmp, for example...which allows for advanced features that iTunes can't do.

...like letting you delete a song from your iThing.


RE: Hey Apple
By Reclaimer77 on 8/31/2011 2:57:40 PM , Rating: 1
quote:
And FFS people, you don't have to use iTunes with your iThing anyway. WinAmp, for example...which allows for advanced features that iTunes can't do.


Yes until the next firmware update for your iWhatever breaks that. iPod's used to sync with Windows Media Player and other third party apps and Apple deliberately broke that functionality in a firmware update.

Apple doesn't want you using ANYTHING but iTunes.


RE: Hey Apple
By Motoman on 8/31/2011 3:10:10 PM , Rating: 1
Uh, the WinAmp interface, and other apps like it, aren't using any portion of the Apple API that's proprietary. Ergo...nothing that Apple can do about it.


RE: Hey Apple
By Alexstarfire on 8/31/2011 3:19:45 PM , Rating: 2
Legally, or at least morally, anyway. Won't necessarily stop them though.


RE: Hey Apple
By Motoman on 8/31/2011 5:14:19 PM , Rating: 2
No, you're missing something...there's an open interface there of some kind that lots of products use...like Real Player, WMP, so on and so forth. That's intended functionality. Has been that way for years.


RE: Hey Apple
By Alexstarfire on 8/31/2011 10:26:46 PM , Rating: 2
So it's physically impossible for them to block the functionality? It seems doubtful that they ever would, I'm simply saying it's possible.


RE: Hey Apple
By Reclaimer77 on 8/31/2011 11:22:05 PM , Rating: 2
They already have in the past, read below post. They can/will do it again.


RE: Hey Apple
By Reclaimer77 on 8/31/2011 5:37:18 PM , Rating: 3
Then how do you explain blocking WMP syncing? I doubt Windows Media Player used any portion of the Apple API or anything of Apple that's proprietary.

If Apple wants to block Winamp from interfacing with the iPod, then they can and will. They already did this with the sixth generation iPods. So I don't understand how you can claim there is "nothing" Apple can do about it when they already have a history of being able to.

"the iTunesDB file now contains a couple of encrypted hashes that validate the information in the music list; this 'fingerprints' the iPod/iTunes pairing and also prevents third-party apps from modifying the iTunesDB without access to the hash key. Those applications now may show '0 songs' if they try to copy songs to the iPod."

http://www.tuaw.com/2007/09/15/6th-gen-ipods-wont-...

Sorry but this is just one reason I will never own an iPod. They want it to be nothing but an iTunes delivery payment machine, and will force you to use it as they see fit.


RE: Hey Apple
By Tony Swash on 8/31/11, Rating: 0
RE: Hey Apple
By V-Money on 9/1/2011 7:13:50 PM , Rating: 3
I think hes referring to the fact you can delete from the device itself without connecting it to a computer.


RE: Hey Apple
By nafhan on 9/1/2011 2:50:35 PM , Rating: 2
Even better: you can get most Quicktime's playback functionality without Quicktime by using QT Lite! Although... it's probably been years since I've needed to play a Quicktime file.


RE: Hey Apple
By adiposity on 8/31/2011 1:09:13 PM , Rating: 2
As the other person said, you don't need iTunes to get Quicktime (or vice versa). Additionally, you don't need Quicktime (although QT Lite is of questionable legality).


RE: Hey Apple
By icemansims on 8/31/2011 10:23:29 AM , Rating: 2
I agree. I actually own an EVO and an Android tablet, so I might be biased, but the problem I see with JUST not purchasing Apple products is if they become a monopoly on the market like they're trying to do. There needs to be more than just a boycott of their products to keep them in check.


RE: Hey Apple
By dgingeri on 8/31/2011 11:08:25 AM , Rating: 3
I've owned all of 3 Apple products, and one of those was second hand for free. I owned 2 iPod nanos and a Mac mouse someone gave me at a garage sale. I had major quality problems with both iPods, and horrible software problems with iTunes. I have since sworn off all Apple products.

However, I have never called on friends to avoid their products, until now. This particular instance has prompted me to post on Facebook a call to all my friends to boycott Apple products. This really pisses me off.


RE: Hey Apple
By Jeffk464 on 8/31/2011 11:59:56 AM , Rating: 4
I had a mac in the early 90's until I found out that I couldn't play any good games and had a fraction of the available software. Now you pay twice the price over a windows PC and still cant play games and have a fraction of the available software. go figure


RE: Hey Apple
By overlandpark4me on 9/1/2011 9:47:24 PM , Rating: 3
That will never happen. Too many sheep out there.


RE: Hey Apple
By Jeffk464 on 8/31/2011 11:57:40 AM , Rating: 3
Oh, sweeet irony! Ya gotta hate apple.


RE: Hey Apple
By Jeffk464 on 8/31/2011 12:02:15 PM , Rating: 5
By the way apple that is why it was called patent mutually assured destruction. You should not have pressed the red button.


RE: Hey Apple
By Reality1000 on 8/31/2011 3:52:07 PM , Rating: 5
APPLE
"Those meanies -- we were merely trying to enforce our bogus patent on "everything shiny and plastic", and trying to shut down their businesses, when out of the blue, those horrible, horrible, vicious people maliciously defended themselves! We demand you smite them, your honor!"

When you can't compete, you sue. And that's what Apple do.


"My sex life is pretty good" -- Steve Jobs' random musings during the 2010 D8 conference














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