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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]."


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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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. letting you delete a song from your iThing.

RE: Hey Apple
By Reclaimer77 on 8/31/2011 2:57:40 PM , Rating: 1
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 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."

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).

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