Linked by Thom Holwerda on Thu 18th Mar 2010 23:21 UTC
Legal Finally - after a few weeks, HTC has actually officially issued a statement regarding the patent infringement lawsuit Apple has thrown towards the Taiwanese phone maker. As you probably already anticipated, HTC states it will fully defend itself against Apple. It's on, it's on.
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I would have liked to also see
by 1other1 on Fri 19th Mar 2010 00:45 UTC
1other1
Member since:
2010-03-19

I would have liked to also see quotes from Apple stating that they too would like to defend themselves from those that steal their patents.

We know this site's personal feelings on Apple, patents and even more directly Apple's patents however, which means there was no chance of that ever making it into the article.

I know a great deal of the readers on this site don't like patents and think of any company that enforces them is the evil... but keep in mind that HTC will be using their patent portfolio as their defense. This means that any advocacy of one over the other in this case is simply fanboyism.

It's important to illustrate that just because you disagree with patents in general or even ownership of the specific patents in question doesn't in any way mean that they are invalid.

Any discussion moving forward should keep this in mind.

Edited 2010-03-19 00:50 UTC

Reply Score: -4

lemur2 Member since:
2007-02-17

I know a great deal of the readers on this site don't like patents and think of any company that enforces them is the evil... but keep in mind that HTC will be using their patent portfolio as their defense. This means that any advocacy of one over the other in this case is simply fanboyism.


The fact that Apple has some patents granted by the USPTO most emphatically does not mean that this is Apples technology. Most places do not have software patents, it is only the US where this madness has got out of hand.

So I passionately disagree with you here. It is a perfectly valid response for anyone accused of "stealing" the technology that they have laboriously implemented in their products to respond with a patent retaliation of their own. Just because of an insane out-of-control madness in the USPTO does not mean there is any "justice" on Apple's part here.

In fact, I would encourage HTC to join the OIN and the Patent Commons organistations, and call in legal help from the Linux Foundation and from Google, and hit Apple with an absolute boatload of counter-claims.

Joining the OIN worked for TomTom. Microsoft's campaign against TomTom was history within a few days after TomTom joined the OIN.

http://blogs.computerworld.com/tomtom_gets_allies_in_microsoft_linu...

http://blog.internetnews.com/skerner/2009/03/tomtom-gets-linux-help...

http://blogs.zdnet.com/open-source/?p=3849

Edited 2010-03-19 01:25 UTC

Reply Parent Score: 6

ariarinen Member since:
2009-02-07

Well HTC are already a member of RPX so it would not make much sense to join an other group at this point.

Reply Parent Score: 1

satsujinka Member since:
2010-03-11

However, they are still invalid if they are about things considered rudimentary or basic. They are also invalid if there's prior art, which is almost certainly the case for Apple's touchscreen patents.

Reply Parent Score: 3

darknexus Member since:
2008-07-15

However, they are still invalid if they are about things considered rudimentary or basic. They are also invalid if there's prior art, which is almost certainly the case for Apple's touchscreen patents.

Didn't stop them approving those patents though. I think, personally, that the USPTO has the philosophy of "approve everything, and if there's a problem spend buttloads of cash in court to straighten it out." They're lazy, simple as that.

Reply Parent Score: 6

SReilly Member since:
2006-12-28

I'm aware that what I'm about to say could be taken as offensive so vote me down but frankly, the following line...

... but keep in mind that HTC will be using their patent portfolio as their defense. This means that any advocacy of one over the other in this case is simply fanboyism.

...has got to be some of the fuzziest logic I've heard in a long time. Seriously, using patents to defend one's self in a patent lawsuit is not only completely understandable, even to people for whom software patents make no sense, but is desirable. I would like to see companies compete on the strength of their product portfolio. If one company starts using patents as a means of undermining this competition then hit them with all the patents you have because frankly they deserve to get a good kick in the fork.

HTC did not instigate this squabble even though Apple are the newcomer on the smart-phone scene. HTC where perfectly happy to compete on the basis of merit, something companies in the rest of the world have to do without the recourse of running to a court of law once their market share is being threatened.

Reply Parent Score: 9

merkoth Member since:
2006-09-22


*snip*

I know a great deal of the readers on this site don't like patents and think of any company that enforces them is the evil... but keep in mind that HTC will be using their patent portfolio as their defense. This means that any advocacy of one over the other in this case is simply fanboyism.

*snip*


You don't need them as defense if no one can use them to attack you. It's that simple. I'm not entirely against patents themselves, I'm just against patenting crap and then using that crap to put competitors out of bussiness. It's very sad that, even if you don't plan to use them as a weapon, you still have to patent the hell out of your products just in case any douche feels your product is too dangerous / competitive.

Reply Parent Score: 7

Gone fishing Member since:
2006-02-22

Apple the company who's founding members glorify steeling the ideas of other (because it was cool in the 70s), but on the flimsiest excuse, with the weakest software patents with obvious prior art and when ever they feel that their overpriced products are threatened rush to court.

Apple's behaviour is contemptible.

Reply Parent Score: 7

Fransexy Member since:
2005-07-29

Are you an Apple employe?

Reply Parent Score: 3

JAlexoid Member since:
2009-05-19

A: This is an opinion forum and not a legal discussion. So disagreeing with US patent system and particular patents is an absolutely valid topic, even keeping in mind that there are a lot of perfectly valid patents.

B: This is a followup article. The statement that Apple will defend it's IP was in the original article, if you like to see it nothing is standing in your way of opening that article and reading it again.

Reply Parent Score: 3

Laurence Member since:
2007-03-26

I would have liked to also see quotes from Apple stating that they too would like to defend themselves from those that steal their patents.

We know this site's personal feelings on Apple, patents and even more directly Apple's patents however, which means there was no chance of that ever making it into the article.

I know a great deal of the readers on this site don't like patents and think of any company that enforces them is the evil... but keep in mind that HTC will be using their patent portfolio as their defense. This means that any advocacy of one over the other in this case is simply fanboyism.

It's important to illustrate that just because you disagree with patents in general or even ownership of the specific patents in question doesn't in any way mean that they are invalid.

Any discussion moving forward should keep this in mind. .



You're forgetting one thing - Thom has already reported on Apple's point of view in a previous article.

While it would have been helpful for him to hyperlink to that article, repeating what has already been reported would have been pointless.

furthermore, some of your comments (particularly the part where you openly accused Thom of anti-Apple fanboyism) is just going to provoke arguments instead of a balanced mature discussion like you said you wanted.

Reply Parent Score: 4

Thom_Holwerda Member since:
2005-06-29

Don't bother - he is a known troll on OSNews who, by now, has about 15 accounts on OSNews. At one point, he used like 8 of them simultaneously to mod down anti-Apple comments, and promote pro-Apple ones.

He's the only case of astroturfing we've ever had. We had people consistently modding down one other specific user, but never something like this. It'sad, since we have enough Apple fans on this board to defend Apple without him running around like an idiot.

Reply Parent Score: 4

RawMustard Member since:
2005-10-10

We know this site's personal feelings on Apple

It just shows a majority of readers on this site live by a higher code of ethics and morals than the low life corporation you're talking about, so what?
where do you stand in this regard?

Reply Parent Score: 5