Linked by Thom Holwerda on Fri 15th Jul 2011 22:47 UTC, submitted by Jennimc
Legal If you can't compete, litigate. Not entirely unsurprisingly, the US ITC has sided with a US company against a Taiwanese competitor - the US International Trade Commission judge has ruled that out of ten patents Apple brought into its suit against HTC, the Taiwanese smartphone pioneer is infringing upon two. The ruling has to be reviewed by a panel of six, but if they agree, then some HTC devices may be banned from the US market - unless HTC and Apple can come to a settlement. We also know which two patents - and yes, they're software patents, of course.
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RE[4]: "Merit"
by jack_perry on Sat 16th Jul 2011 21:28 UTC in reply to "RE[3]: "Merit""
Member since:

"Look at it this way: your argument is equivalent to saying that for years BMW couldn't compete with Volkswagen "on merit" simply because in growth, Volkswagens > BMW.

No, Thom is right. Your analogy (like most analogies) is misleading. The best selling Android devices are BMWs in their own right.

You are attacking a straw man. I am not an Apple fanboy; quite the contrary. See here, for example:

I don't doubt that Apple is worried about Android, and is using its patent portfolio in an anti-competitive way. I just don't think they're doing it because they think Android will beat them on the "merits"; I think they're doing it because of what I said originally: manufacturing capacity. Apple wants to control completely the devices that use iOS; that means they are the only manufacturer of iOS devices, whereas Google doesn't want to manufacture hardware; they're happy to license them, take the money, and run. Like the PC clones, many, many more Androids can be made than iOS devices.

So the intent of the analogy was not to slur Android, but purely in the means I used it: Thom's use of market growth as a measure of merit is not at all convincing. It's like arguing that "Market growth of Coke > Virgil's Microbrewed Root Beer, so Coke must be better" (or any other drink you wish to insert there).

I hope that helps. The rest of your post is likewise beating that strawman, so I won't reply.

Reply Parent Score: 2

RE[5]: "Merit"
by molnarcs on Sat 16th Jul 2011 22:36 in reply to "RE[4]: "Merit""
molnarcs Member since:

I didn't think you were an Apple fanboy, and you make some good points there. I do think, however, that Apple finds it harder and harder to differentiate itself against Android. Since the Froyo update, Android has become a viable platform for the masses (not just early adopters). In a sense, it has become more difficult to compete on merit, although I wouldn't go as far as to say that they can't do it. Still, I'd rather they spend that 50 billion they are sitting on to develop amazing new technologies instead of pushing out competition through phony software patents. There are lots of areas to improve - my personal pet peeve is battery life.

Reply Parent Score: 3