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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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RE: Do they need extra cash?
By Tony Swash on 3/8/2012 11:50:44 AM , Rating: -1
quote:
You couldn't be more wrong... Just because Jobs said Android copied, doesn't make it true. Apple is the worst perpetrator of this in the industry - thus why everyone gets so pissed off at them. They copy and then sue other for copying what they themselves copied.


Of course - it all makes sense.

Before the Macintosh there were lots of PCs that worked and looked just like the Macintosh.

Before MacOSX there were lots of operating systems that worked and looked just like MacOSX.

Before the iPod there were lots of mp3 players that worked and looked just like the iPod.

Before the iTunes Music Store there were lots of online music stores that worked and looked just like the iTunes Music Store.

Before the iTunes App Store there were lots of online software stores that worked and looked just like the iTunes App Store.

Before the MacBook Air there were lots of ultra thin laptops in unibody enclosures that worked and looked just like the MacBook Air.

Before the iPhone there were lots of phones that worked and looked just like the iPhone.

Before the iPad there were lots of tablets that worked and looked just like the iPad.

Before the Apple retail stores there were lots of electronic stores that worked and looked just like the Apple Retail Stores.

Before the iLife software suite there were lots of computers that were sold with software suites that worked and looked just like iLife.

How could I have missed all that!

And of course we must not forget.

Android is winning!!


RE: Do they need extra cash?
By retrospooty on 3/8/2012 11:57:51 AM , Rating: 2
Whats this? a one sided comment from Tony Swash? Who would have thought.

I am not saying Apple doesnt innovate, but most of what they have is copied/altered tech. Jobs himself admitted that they do it constantly. They copy and then sue other for copying what they themselves copied. How does your comment change any of the facts?


“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith














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