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John Kotches

macrumors 6502
Jan 19, 2010
377
10
Troy, IL (STL Area)
They aren't, because there's no IP to sue over. Even Oracle in the end had nothing and Google basically used Java.

of course they use java, it's an open source programming language. the lawsuit wasn't about using java language. as I understand it, and I'm not an expert on this topic, the heart of the matter was writing the dalvik virtual machine to respond as expected to the published API for the language.

there were 2 minor copyright violations, with a maximum fine of 150 k per instance. that's a bit removed from the 6,000,000,000 dollars in damages oracle was claiming.

this was an important case in my opinion, and I think this could have some strong repercussions throughout the industry.


There's nothing in Android that closely ressembles iOS. Apple is going after the hardware manufacturer, because most of their patents are about hardware or touch gestures. Google makes software, not hardware.

they were under development at roughly the same time. If memory serves me correctly, development for android started in 2005. iphone was released in 2007.

my wife and I both own mac systems. she uses an iphone, I use android. they're both good products, but android suits my needs better. perfect example, I needed to connect to a serial port on a lab box recently. as it happens, my tablet h as a host mode usb port. the drivers for my usb to serial adapter are built into ICS. It took a couple of minutes to find a serial port program and I was in business.

it took less time to do this then it took to screw around with my laptop to do the same job. could you do this on iphone or an ipad? but my needs are nowhere near the needs of most people. at some point down the road, when I'm not as directly involved with the systems that I manage, it might make sense to move over to I products for mobile stuff.

the x is better than y geek chest beating for 2 families of products that are comparable in their capabilities is a fun car wreck to look at.
 

BaldiMac

macrumors G3
Jan 24, 2008
9,014
11,194
While 9 million preorders to global carriers is impressive, the comparison to iPhone preorders is rigged. As is the claim that it is the "most preordered gadget in history". There is absolutely no basis for such a claim. Preorders to global carriers are not the same as preorders to consumers.

(And what's up with using early 2011 iOS device numbers to compare to current Android numbers? Laziness, ignorance, or intentional misinformation?)
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
of course they use java, it's an open source programming language.

The J2SE implementation was not yet open source when Google decided to use the language in Android. That is why Google went with Apache's harmony, since the terms under which Sun was wanting to license Java to them weren't giving them the freedom they needed. At the time, Sun did not want J2SE on mobile devices, preferring to push J2ME.

the lawsuit wasn't about using java language. as I understand it, and I'm not an expert on this topic, the heart of the matter was writing the dalvik virtual machine to respond as expected to the published API for the language.

No, the lawsuit was about the Java language. Oracle argued time and again that Google needed a TCO license to use Java, and that the language and its base API were indistinguishable.

there were 2 minor copyright violations, with a maximum fine of 150 k per instance. that's a bit removed from the 6,000,000,000 dollars in damages oracle was claiming.

this was an important case in my opinion, and I think this could have some strong repercussions throughout the industry.

The case is still ongoing. On the copyright front, there's 2 issues remaining :

- The rangeCheck method which is identical between both implementation. This is a 9 line method. The judge basically said a 12 year old would've written it the same way, and Oracle's lawyers agreed it was worth about 0$ in damages (Google using the same code as Oracle for rangeCheck did not really give Google any unfair advantages).

- The other point is the copyrightability of the SSO. That is where it could get ugly for Google and the industry as a whole. Basically, Oracle are arguing that function prototypes and argument types/function types are copyrighted and deserve protection, whereas Google and the whole freakin industry argues that it's the actual implementation that is subject to copyright. This one isn't minor if Google loses it, but the judge doesn't seem to be seeing it Oracle's way, and the EU already ruled that interface declarations are not subject to copyright.

Groklaw has some excellent coverage, I highly recommend you give it a thorough reading.

they were under development at roughly the same time. If memory serves me correctly, development for android started in 2005. iphone was released in 2007.

Android was started in 2003. It was purchased by Google in 2005. iOS was still at the stage of being a fight between a Linux based system or a Darwin based system in 2006. It was a very short project until its release to the public in 2007.

But this is about IP. Apple basically has no IP that they've asserted against Google's Android because frankly, I don't think they have any that cover anything in the Android operating system itself. They surely have a bunch of hardware patents they can assert against OEMs and they do have some touch gesture patents as well, but they don't really have anything that covers Android's function as an OS or its UI as it is shipped by Google. If they did, there would be a lawsuit.
 

iAppleseed

macrumors regular
May 11, 2011
177
0
This is more in-line with Apple's strategy against Samsung.

I never actually said Apple will litigate, but yeah. I guess so. Apple's lawyers are just as good as Samsung's. This is why no one can get over it. If only Apple actually cared more about this really big issue, they would give it more $$$ for more lawyers until some action can actually be made.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
I never actually said Apple will litigate, but yeah. I guess so.

No, you didn't, you do understand quotes can be edited right ? ;) . But seeing how Apple is litigating against Samsung willy-nilly, no matter how many patents they seem to lose and how many judges tell them their design patents and registrations don't apply, they can't seem to quit.

They've had only minor success in actual litigation, but massive ones in delaying Samsung with these tactics and that's basically their plan : delay Samsung through litigation.
 

iAppleseed

macrumors regular
May 11, 2011
177
0
I never said these words in this very quote. :rolleyes:

Quote Editing. That's nice.

Like I said, if Apple would hire more lawyers, Samsung's lawyers would't be able to defend Samsung and Samsung loses. Samsung pays $20 billion for the damages on Apple's profit and discontinues every smartphone line with multi touch that Samsung ever had. Nice story. I know. I just hope it happens.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
Like I said, if Apple would hire more lawyers, Samsung's lawyers would't be able to defend Samsung and Samsung loses. Samsung pays $20 billion for the damages on Apple's profit and discontinues every smartphone line with multi touch that Samsung ever had. Nice story. I know. I just hope it happens.

Uh ? Why do you think more lawyers would make Apple win ? Winning is not a matter of which side has more or less lawyers. You can have 100 lawyers and still fall short if your claim just isn't supported by laws in place.

Apple's problem in these litigation is not the number of lawyers, it's their IP and the claims they are bringing against Samsung just don't seem to hold up in court. The few points they won, Samsung was able to circumvent to the court's satisfaction in order to lift injunctions and minimize damages.

And why would you want Samsung to stop shipping its smartphones ? If you don't like them, don't buy them, but others might like them and want them. Why would you want to deprive these other people of their choice ?
 

panzer06

macrumors 68040
Sep 23, 2006
3,286
230
Kilrath
Well, I guess a lot of people really enjoy awful products.

As a former SGS2 owner and current HTC owner I'll be the first to say Samsung has some issues with stability of the software and GPS on their devices however, it seems to be more of a QC issue than a systemic problem. It does NOT mean they are awful devices. If fact they have many great features.

Having returned to an iPad after a year using a Xoom, I do prefer iOS on my iPad to HC or ICS, however, for my phone I really like HTC Sense as an overlay to the Android OS.

I had many issues with my SGS2, including almost non-existent GPS, low signal and poor switching from wifi to 3g/4g carrier based data. However, my co workers and family members mostly did not. I tried the Galaxy Nexus as well and hated the pure google experience. I don't want to tweak my phone to make it work. There's a reason Touchwiz and Sense exist. Most users want all the functionality built in.

If the S3 fixes the glitches present in the S2 it will be very successful. The large, bright Samsung displays are very, very nice. It unfortunate that rumor has it the US versions will only have dual core processors but one capable of providing performance on par with the quad with better battery life. I guess we'll see.

Cheers,
 

iAppleseed

macrumors regular
May 11, 2011
177
0
Apple's problem in these litigation is not the number of lawyers, it's their IP and the claims they are bringing against Samsung just don't seem to hold up in court. The few points they won, Samsung was able to circumvent to the court's satisfaction in order to lift injunctions and minimize damages.

Well, I still hope Apple wins.

And why would you want Samsung to stop shipping its smartphones ? If you don't like them, don't buy them, but others might like them and want them. Why would you want to deprive these other people of their choice ?

I want Samsung to discontinue their smartphones because it was stolen. Pretend you had a great idea. An idea that could change the world. Someone found out about your great idea and both of you made that idea come to life. However, you are not making as much sales compared to the thief. I don't know about you, but if for me, I would be the angriest person on earth. I'd sue this thief with every power I can possibly give. It was I who deserved the large sales, not the thief.
 

panzer06

macrumors 68040
Sep 23, 2006
3,286
230
Kilrath
snip...

I want Samsung to discontinue their smartphones because it was stolen. Pretend you had a great idea. An idea that could change the world. Someone found out about your great idea and both of you made that idea come to life. However, you are not making as much sales compared to the thief. I don't know about you, but if for me, I would be the angriest person on earth. I'd sue this thief with every power I can possibly give. It was I who deserved the large sales, not the thief.

Android phones are sufficiently different in day to day use to be considered separate products perhaps with similar overall functionality but certainly not the same. This is particularly true of any phone NOT running ICS. ICS does have a few more iOS-like features.

As to the hardware itself, the Samsung devices are very nice but certainly different enough to be distinct products. Have owned both iOS and Android based phones I think it's hard to say they are so similar that it's a straight copy. Sure some of the gestures etc might be similar but voice recognition was available long ago on Android. I see nothing wrong with both sides building on the best portions of each other's work. Creates better products for all of us.

Cheers,
 

panzer06

macrumors 68040
Sep 23, 2006
3,286
230
Kilrath
What was stolen exactly ? Samsung buys raw materials and parts and makes phone with them. They license an OS from Google, and add a software layer on top they hired programmers to write.

People and Apple complain Android is too similar and Samsung made the physical hardware with button placements and ac adapters being too much like the Apple products.

To me its a silly argument, almost everything is derivative of something. People who like either will purchase either. This is much different than the Chinese company that straight out cloned the iPhone and pirated iOS to make it look exactly the same so the consumer can't tell they are getting a knockoff.

I'm personally tired of all the back and forth on the patent stuff. These companies need to settle and move on.

Cheers,
 

smoledman

macrumors 68000
Oct 17, 2011
1,943
364
The fact is Apple invented pinch-to-zoom, bounce animation, slide-to-unlock, 4-icon dock, rounded rectangular chassis. None of these things are FRAND and Samsung/HTC should be sued out of existence for blatant THEFT.
 

angelneo

macrumors 68000
Jun 13, 2004
1,541
0
afk
The fact is Apple invented pinch-to-zoom, bounce animation, slide-to-unlock, 4-icon dock, rounded rectangular chassis. None of these things are FRAND and Samsung/HTC should be sued out of existence for blatant THEFT.
Are you being serious? :confused::confused:
 

angelneo

macrumors 68000
Jun 13, 2004
1,541
0
afk
Ok LG Prada was first to have the rounded rectangle and 4-icon dock, but none of the other things. Apple was the first to put Pinch-to-zoom on a mobile phone.
http://www.engadget.com/2010/10/13/apple-awarded-limited-patent-on-pinch-to-zoom/

Apple doesn't have a patent on "pinch-to-zoom" generally, but rather pinching to zoom, and then pinching to zoom again within some fixed period of time. How long that period lasts is totally up in the air, but it has to be defined somewhere
 

belvdr

macrumors 603
Aug 15, 2005
5,945
1,372
Regardless, nobody was doing these thing until Apple did. The general public didn't even become aware of touch gestures until 2008, which means that Apple deserves monopoly status.

So they deserve having the DOJ come in and do their thing?

Being first to market doesn't mean you deserve anything. That would totally ruin everything we see today, from cars to housing.
 

smoledman

macrumors 68000
Oct 17, 2011
1,943
364
So they deserve having the DOJ come in and do their thing?

Being first to market doesn't mean you deserve anything. That would totally ruin everything we see today, from cars to housing.

Wrong, if you don't give the inventors protection from IP theft, innovation ceases.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
Oh look, 1991, pinching motions to select text and images to copy :


Yep. Good old Apple, inventing everything. :D

Apple did not invent multi-touch. The concept has been around since the 1970s. Android did not steal multi-touch from Apple, otherwise Apple would've sued Google over it. Apple has no IP over multi-touch per se. They have patents over a few gestures, none of which Android uses. Some OEMs actually did incorporate Apple patented gestures in their UI overlays, but Apple has sued and won those claims, forcing the OEMs to revert back to default Android functionality to prevent injunctions.
 
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