Linked by Thom Holwerda on Sun 11th Nov 2012 12:48 UTC
Legal Interesting news in the middle of the night: Apple and HTC have announced they've settled all their patent disputes, bringing an end to all running lawsuits between the two companies. The companies signed a ten-year cross-licensing deal. Considering Apple's legal assault on Android hasn't been going particularly well, this really shouldn't come as a surprise.
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RE: A broader view
by segedunum on Sun 11th Nov 2012 15:56 UTC in reply to "A broader view"
segedunum
Member since:
2005-07-06

Or HTC could have stopped using the features that Apple deemed to be infringing. I am not saying they should have or that Apple were right in what they did, just that they way you choose to phrase it implies that HTC had only one course of action open to it - counter suing - when it actually had more than one.

No matter what HTC did Apple would have found something that infringed. There is no escape. You see, this isn't about what is infringing but Apple stopping Android by any means possible.

If you think, wrongly and foolishly in my opinion, that the purpose of Apple's legal strategy was to actually stop the manufacture and sale of competing devices then such a strategy would end in failure because it is an impossible goal to seek. Apple know that it is impossible which is why it is not their goal.

I'm afraid it is the only option open to Apple. It happened to them in the PC market. They haven't learned. They can't win out against a competitor who is able to achieve a greater supply.

Apple's aim with it's legal strategy was to establish a reputation and create a new culture around the way other companies viewed 'borrowing' or emulating or mimicking Apple's designs.

There is no evidence for that whatsoever. That might be what they say. What the hard market figures tell us is something quite different.

Reply Parent Score: 7

RE[2]: A broader view
by Tony Swash on Sun 11th Nov 2012 17:32 in reply to "RE: A broader view"
Tony Swash Member since:
2009-08-22

I'm afraid it is the only option open to Apple. It happened to them in the PC market. They haven't learned. They can't win out against a competitor who is able to achieve a greater supply.


The only flaw in that argument is that Apple is winning.

Of course one can argue about that as it depends on what one means by winning or losing.

If winning means shipping the most units using a certain OS platform then Android is winning but Apple has never sought to achieve market share as a primary target, or at least there doesn't seem any evidence that market share motivates Apple. What additional advantage would Apple achieve by increasing it's market share?

If winning means creating the most commercially successful platform both for Apple, for developers and for third party content sellers then Apple is winning. Apple seem to be able to sell as many devices as they can make and they can do so at a very good rate of profit, a trick that seems to elude almost all the OEM's on the 'winning' side.

Thinking that Apple is seriously trying to stop Android devices being sold as a strategy in itself is farcical. Apple's legal strategy has never put a dent in Android growth, won't put a dent in Android and will never stop Android devices being sold and Apple know that. Apple are run by rational people who are pursuing a legal strategy with a rational foundation and achievable goals, you may not like it but it's true.

Anybody who thinks that the mobile device market will be a repeat of the PC market is going to find the next few years very confusing.

Why, if it is a failure, are major players such as Google, Amazon and Microsoft following Apple's lead and trying to build integrated products?

Reply Parent Score: 3

RE[3]: A broader view
by unclefester on Mon 12th Nov 2012 03:00 in reply to "RE[2]: A broader view"
unclefester Member since:
2007-01-13



The only flaw in that argument is that Apple is winning.


If you think having $150bn+ wiped of your company valuation in two months is "winning" I'd hate to see losing.

Reply Parent Score: 3

Really?
by TM99 on Mon 12th Nov 2012 03:53 in reply to "RE[2]: A broader view"
TM99 Member since:
2012-08-26

Is Apple really winning? Or are they starting to lose all that they gained and are now trying to hold on to with failing lawsuits?

http://www.cnn.com/2012/11/08/tech/mobile/samsung-galaxy-iphone/ind...

And yes, the iPhone 5 is out and sold well upon release. However, looking at trends like this suggests that Apple will not retain that lead as Samsung will release their next model. Just pay attention to how this plays out for a few release cycles, and then we can come back here and discuss the true 'winners' and 'losers'.

Edited 2012-11-12 03:55 UTC

Reply Parent Score: 3

RE[3]: A broader view
by segedunum on Mon 12th Nov 2012 10:29 in reply to "RE[2]: A broader view"
segedunum Member since:
2005-07-06

The only flaw in that argument is that Apple is winning.

The flaw there is that they appear to win initially, but the law of averages, weight of supply and weight of numbers is against them. It's the PC market in the 80s all over again.

If winning means shipping the most units using a certain OS platform then Android is winning but Apple has never sought to achieve market share as a primary target...

That's why they ended up almost going out of business in the 90s and why, medium to long-term, there is no reason to believe that won't end up happening again.

What additional advantage would Apple achieve by increasing it's market share?

Long-term survival.

Thinking that Apple is seriously trying to stop Android devices being sold as a strategy in itself is farcical.

No, it really isn't.

Apple's legal strategy has never put a dent in Android growth, won't put a dent in Android and will never stop Android devices being sold and Apple know that.

Apple don't know that, or at least if they do there is little they can do about it. Holding back Android's enormous supply is really all they can do to avoid the iPhone and iOS being marginalised as Mac hardware and MacOS was.

Apple are run by rational people who are pursuing a legal strategy with a rational foundation and achievable goals, you may not like it but it's true.

I'm sure Apple are run by rational people with a rational legal strategy, but their goals are simply not achievable I'm afraid. History tells us that. You might not like that but not seeing it is simply denial.

Anybody who thinks that the mobile device market will be a repeat of the PC market is going to find the next few years very confusing.

There is no evidence at all for that assertion. The fundamentals of Apple's limited supply versus Android's greater supply via multiple hardware suppliers and the pressure that brings to bear (lower prices, basically) is pretty clear.

Why, if it is a failure, are major players such as Google, Amazon and Microsoft following Apple's lead and trying to build integrated products?

Control and providing direction basically. However, Google will never stop Samsung, HTC or any other manufacturer from using Android and Microsoft will still have OEMs. Amazon are basically an Android OEM anyway.

I just don't see any of your arguments standing up.

Reply Parent Score: 6