Print 57 comment(s) - last by Samus.. on Mar 13 at 2:41 AM

There's no telling where these talks stand, though, or whether Android phonemakers will buy the proposal

Apple, Inc.'s (AAPL) legal war with the "Big Three" of the Android world -- HTC Corp. (TPE:2498), Samsung Electronics Comp., Ltd. (KS:005930), and Google Inc.'s (GOOG) nearly-acquired subsidiary-to-be Motorola Mobility -- has taken on legendary status as worldwide courts have been swept up in a torrent of suits and countersuits [1][2][3][4] [5][6][7][8] [9][10][11].

The gadget-makers' open war has drawn international scrutiny, particularly when contrast to Microsoft Corp. (MSFT) who has largely thrived and profited off a softer approach of offering licensing [1][2][3][4].  Apple claimed to have once offered Samsung such a deal, but it had made no efforts of late to license -- until now.

The official NASDAQ Newswires service is reporting that Apple is in deep talks with Android's big three, looking to settle the lawsuits for a per-device payment of between $5 and $15 USD -- between 1 and 2.5 percent of the devices' purchase price.  That's on-par with the licensing rates Microsoft has demanded.
Samsung Galaxy Tab 10.1
Apple has reportedly offered to allow Android smartphone and tabletmakers to pay a fee of between $5 and $15 per device to avoid infringement lawsuits.
[Images Source: 9to5Google]

Is it possible that Apple has turned its back on the demands of its late co-founder and CEO Steven P. Jobs, who promised to "spend every penny" of Apple's fortune in destroying Android in court?

Mr. Jobs stated in his authorized autobiography:

I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this.

Steve Jobs
Steve Jobs successors seem to be losing the stomach for the self-destructive war against Android he set in motion. [Image Source: David Paul Morris/Bloomberg/Getty Images]

But following the shut-down of portions of Apple's iCloud service in Germany thanks to Motorola's push-email lawsuit Apple's new leadership may be growing wary of the high cost in attrition that Mr. Jobs' conflict with Apple has wrought. The Motorola decision represents a serious threat to Apple for a couple reasons.  

First, it represents a new breed of Android legal attack on Apple.  Where as past Android lawsuits from Samsung and Motorola have largely relied on wireless standards patents, raising questions about abuse given the patents' "fair, reasonable, and non-discriminatory" (FRAND) licensing requirements, the Motorola suit relied on non-FRAND IP and thus is thought to be much stronger.  With Google, Motorola Mobility, Samsung, and HTC "following in Apple's line" in picking up the pace with patenting seemingly trivial software embellishments and features, the odds of Apple being forced to drop more features in the future seems increasingly likely.

Second, Apple relies on image – much more than Android phonemakers, in general.  It would be a public relations nightmare for the gadget maker if it had to take services like the iCloud offline or had to remove features from its devices.

There's no telling whether HTC, Motorola, or Samsung will accept the detail -- or even how serious Apple is about pushing for licensing.  But if indeed brokers a truce, this would be a win for consumers, as Android phonemakers would escape without too severe financial repercussions, while Apple would gain the extra cash it needs to stay competitive in a global market dominated by Android's much more diverse selection of devices.

At the end of the day consumers want choice, and product bans are antithetic to that end.

Source: NASDAQ Newswires

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RE: i think i speak for a lot
By Schadenfroh on 3/7/2012 11:54:34 PM , Rating: 3
Give this man a 6!

Google and the Open Handset Alliance need to pool their patents and fight the parasites / patent thugs of Apple and Microsoft.

RE: i think i speak for a lot
By Samus on 3/8/2012 1:27:01 AM , Rating: 2
At least this shows Apple is shaking in its boots.

RE: i think i speak for a lot
By mellomonk on 3/9/2012 5:32:23 AM , Rating: 3
Hands down the most ignorant thing I have seen stated this week. Congrats.

RE: i think i speak for a lot
By Samus on 3/13/2012 2:41:35 AM , Rating: 2
turn your sarcasm detector on, mello. Apple is utterly clueless.

RE: i think i speak for a lot
By MGSsancho on 3/8/2012 3:27:21 AM , Rating: 2
The original idea behind a consortium was to pull resources together makes specs and push technology forward. In addition they are formed with cross-licensing deals to avoid this and push new products out onto the market faster.

RE: i think i speak for a lot
By fteoath64 on 3/8/2012 6:10:23 AM , Rating: 2
Here here. And the Justice Department of US is not doing anything because it does not benefit them at all yet ?. This market taxing mostly illegal claims are going to stun the market in the long run.

RE: i think i speak for a lot
By adiposity on 3/8/2012 1:22:15 PM , Rating: 2
Let's hope it takes more than saying "fuck you" to garner a 6 in these forums. Giving it a 5 is bad enough.

I mean, we all know the average poster here is no fan of Apple, but modding the comment up as if it is a great insight?

RE: i think i speak for a lot
By adiposity on 3/8/2012 6:34:27 PM , Rating: 2
Let's hope it takes more than saying "fvck you" to garner a 6 in these forums. Giving it a 5 is bad enough.

I mean, we all know the average poster here is no fan of Apple, but modding the comment up as if it is a great insight?

Apparently, it is considered a negative to point out that saying F-U to a company is not worthy of mod points.

RE: i think i speak for a lot
By tpb3470 on 3/8/2012 2:47:06 PM , Rating: 4
I agree, hiring lawyers instead of developers, engineers, sales people has worked so well for other companies like Rambus and Kodak

By Schadenfroh on 3/8/2012 8:36:52 PM , Rating: 2
I do not recall Google demanding $15 for every Windows Phone or iOS device sold. The Open Handset Alliance would just be defending themselves via counterclaims until the industry is able to come up with a massive cross-licensing deal to end this drama.

Sadly, Google has mostly left HTC, Samsung and the others to fend for themselves (save for the upcoming Motorola treasure trove)... notable exception being the Oracle lawsuits against Google.

"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson

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