Linked by Thom Holwerda on Sun 17th Oct 2010 21:30 UTC
Legal And we have another interesting development in the ongoing and ever-expanding idiocy that is the War of the High-Fiving Lawyers Mobile Patent World War. Motorola, now a central player in this worldwide conflict that is hurting consumers' wallets and clogging legal systems all over the world, has come to HTC's rescue by seeking to invalidate the patents Apple sued HTC with earlier this year.
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RE: Motorola...
by Thom_Holwerda on Sun 17th Oct 2010 22:54 UTC in reply to "Motorola..."
Member since:

The Motorola Droid phones are doing quite well. Remember that Apple started the patent war against Android because they are afraid of it.

Posted with my [jailbroken] iPhone. Heh.

Reply Parent Score: 4

RE[2]: Motorola...
by mrhasbean on Sun 17th Oct 2010 23:26 in reply to "RE: Motorola..."
mrhasbean Member since:

And here's where we have a fundamental difference of opinion. You on one hand don't think companies should be able to benefit from software or UI developments, while I believe they are just as important and significant in the usefulness of a device as the hardware that powers it.

I don't believe Apple are afraid of them at all, and I don't believe they (Droid devices) will or are in any way affecting Apple's plans for their iOS devices. The fact is that Apple popularised smart phones because they created an interface that made them easy to use and non-threatening. Others have since followed suit, and therefore profited from the developments Apple bought to that industry. And it's not just smart phones that are employing these interface developments, many devices both in and apart from the communications industry are using UI components and techniques that were introduced on iPods and iPhone. Again, companies profiting from Apple's developments.

This is no different to companies profiting from hardware developments that power some of these devices. You are I can sit and look at UI components and say "well that was just obvious though", but the point is that until it was done it WASN'T obvious because nobody had done it. In the same way I can look at the first Motorola flip phone and say it was obvious because Gene Roddenberry did it in Star Trek, and the functionality of many of the hardware components that make up these modern devices are also "obvious" because they had to be created to achieve the overall goal of the device.

Motorola are no longer anywhere near as significant a player in the global mobile industry as they once were, and many of their other exploits have also dwindled over the past few years. They and many of the other once big players have taken a beating from Apple and are like the kids who didn't like losing the football match on the weekend so ganged up and beat up the star player from the other team.

My point though was that if the whole patent system was significantly cut back to provide a small window of protection for the developer of both hardware and software components we could get rid of this shit altogether and force the hand of these companies to be continually innovating. Don't you think that would be a good thing?

Reply Parent Score: 2

RE[3]: Motorola...
by Thom_Holwerda on Mon 18th Oct 2010 00:01 in reply to "RE[2]: Motorola..."
Thom_Holwerda Member since:

A programmer patenting his code is the same as an author patenting his book; completely superfluous as both are already protected through copyright.

If you are in favour of software patents, you are basically saying that it is okay for CNN to patent their report on a news event, and then suing the BBC because the BBC also reports on that news event.

Software is protected by copyright. That's more than enough.

Reply Parent Score: 8

RE[3]: Motorola...
by RichterKuato on Mon 18th Oct 2010 00:01 in reply to "RE[2]: Motorola..."
RichterKuato Member since:

I'm of the opinion that patents, copyrights and other intangible property rights fundamentally diminish natural property rights. Also, I bet we'd have a more competitive market without their existence.

Reply Parent Score: 2

RE[3]: Motorola...
by tuaris on Mon 18th Oct 2010 00:40 in reply to "RE[2]: Motorola..."
tuaris Member since:

I'm sorry, but Apple did not invent the smart phone interface, nor did they popularize it as much as you state.

The touch screen phones/devices that we have today are all derivatives of Palm.

Reply Parent Score: 6

RE[3]: Motorola...
by vivainio on Mon 18th Oct 2010 07:57 in reply to "RE[2]: Motorola..."
vivainio Member since:

You are I can sit and look at UI components and say "well that was just obvious though", but the point is that until it was done it WASN'T obvious because nobody had done it.

Mod parent down.

Not having done something doesn't mean it's not obvious. It may just be that the enabling technology (like cheap touch screen) was not there previously.

Let's say I patent "pure virtual functions in object oriented languages" right after first implementation of OO language (with "normal" virtual functions) was published (by someone else - possibly someone I know, so I had the time to prepare the patent application). By your logic, this would be a non-obvious patent.

Edited 2010-10-18 07:58 UTC

Reply Parent Score: 5