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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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Android geeks
By bull2760 on 3/8/2012 9:51:31 AM , Rating: -1
God it's fun reading all the hate posts apple gets, yet without them you geeks would have nothing todo. Andoid this and android that, face it, it's a peace of crap OS you wish was as stable as iOS or windows mobile 7.5. Show me one Andoid device that comes as close to apple or Microsoft with customer satisfaction. Every person I know (7 people) that has an android device can't wait till their contract is up and are making a switch to either windows mobile or iOS. Either way Andoid is not cracked up to what you geeks think it is, and is the modern day windows 3.1 for all the lockups it has. I bet the majority of you android users are Linux users, another great OS that can't make a dent into the real world (accept in servers) desktop use is worthless. Go android!

RE: Android geeks
By StanO360 on 3/8/2012 11:06:29 AM , Rating: 2
First of all I guessed you missed the memo, iOS crashes more,2817,2399852,

Lots of people (if not most) Android users stay with Android, and not all iOS users stay with iOS. Some people have different needs or preferences.

And the majority of Android users are Linux users, I trust that's sarcastic.

RE: Android geeks
By retrospooty on 3/8/2012 11:19:19 AM , Rating: 2
wow... what a fantasy world you must live in.

I am not sure what early Android version you are referring to. Any phone in the past 2 years with Android is fine. Android 4 socks. the UI makes IOS look old and dated. IOS is stagnating while Android marches forward. Enjoy your fantasy though. Meanwhile those few "Linux users" that buy Android must buy a heck of a lot considering Android is outselling IOS phones by a 5 to 2 margin. That # will only grow as more and more powerhouse Android phones come out that make the Iphone look like a relic. Have you even seen the NExus on verizon?

Better OS, 4G, bigger screen, higher res. It totally smokes the Iphone 4s in every way.

RE: Android geeks
By Tony Swash on 3/8/12, Rating: -1
RE: Android geeks
By retrospooty on 3/8/2012 9:17:41 PM , Rating: 3
Way to skew data. Android 4 was just released and 3 wanst for phones. Thats like me saying 0% of ipads have 2048x1536 res, therefore the new ipad is a fail.

Keep reaching though. If it makes you feel better about Apple, more power to ya.

RE: Android geeks
By adiposity on 3/9/2012 2:21:07 AM , Rating: 2
Only 3.3% of Android devices have made it to version 3.

You don't seem to know what you are talking about. Android devices (phones, mostly) don't make it to version 3 because version 3 was not designed for phones. So there are only two options, 2.x, or 4.x (which is pretty new and hasn't really rolled out yet).

Granted, comparing 4.x to the latest iOS does't make much sense, because 4.x will not be automatically updated to most existing phones. But to measure the number of devices that have reached 3.x and suggest it means something, is off target.

Many phones have been updated to 2.2, and 2.3. Both were pretty substantial updates. 2.3 came out AFTER 3.0, so that lets you know how significant your point was.

It was pretty dumb of google to call it 3.0 and confuse everyone, but bottom line, 3.0 was never for phones and most phones will either upgrade past it or never get out of 2.x.

RE: Android geeks
By Cheesew1z69 on 3/9/2012 8:47:21 AM , Rating: 2
You don't seem to know what you are talking about
This pretty much sums it up...

RE: Android geeks
By retrospooty on 3/9/2012 2:44:51 PM , Rating: 2
Yes, Tony certainly "thinks different" ... Different than reality.

RE: Android geeks
By spread on 3/8/2012 5:18:42 PM , Rating: 3
You're the geek. We're trying to have a discussion and you come here with your Apple gospel. Get a real life. It's a product.

We have that separation, but you can't live without your little Apple membership card. Why? Because we realize it's technology and can talk about it. You see it as a small bible or whatever other twisted belief you have. Belief, not supported by available evidence and numbers.

Go away.

"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation

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