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Google, T-Mobile petition ITC to allow Android to freely infringe Apple's iOS

post #1 of 119
Thread Starter 
While delaying the launch of Android 4.0 in the wake of Steve Jobs' passing, Google has filed an amicus curiae brief in parallel with US carrier T-Mobile, both of whom ask that the International Trade Commission not ban HTC's Android products, regardless of their infringement of Apple's intellectual property.

The filings clearly acknowledge that Apple isn't simply seeking royalties from Android licensees to cover patent infringement in the manner Microsoft has.

Instead, according to a report by FOSS Patents blogger Florian Mueller, Google threatens that "eliminating all of the major Android device manufacturers from the U.S.as Apple is attemptingwould allow Apple to establish a virtual monopoly in the mobile device industry."

Google specifically states that "excluding HTC Android devices from the U.S. would threaten the only open mobile platform developed and distributed in the U.S.," without clarifying that the primary value of HTC's Android products come from layers of proprietary software owned by Google and HTC, neither of which are any more open than Apple's iPhone iOS, Microsoft's Windows Phone 7 or RIM's BlackBerry OS.

T-Mobile seeks transition period from Android

T-Mobile 14 page brief to the court "asks the ITC to deny an import ban even if an infringement is found," Mueller reports, adding that the carrier recommends a transition period of four to six months if the ITC does decide to ban HTC's infringing phones.

With such a transition period, "T-Mobile and the rest of the industry could change to other devices without harming U.S. consumers," the carrier notes, without disputing that HTC's Android products are indeed infringing upon Apple's intellectual property.

Google, unsurprisingly, is not at all interested in accommodating a transition period that would favor non-infringing alternatives to Android, and opposes a ban of any kind in its own 80 page brief.

Google alarmed by iPhone's success

Google doesn't argue that Android isn't infringing Apple's technology, however. Instead, it warns that a ban would "eliminate the competition from a fast-moving, maverick competitor (HTC)," a shift that "could drive up prices, diminish service, decrease consumers' access to the technology, and reduce innovation."

Google also states that "Apple is the largest seller of mobile computing devices in the U.S.," a far different tune than it played last year when it portrayed Android as an unstoppable force that would steamroll Apple's smartphone with a superior product offered by a wide range of hardware makers, with unique support for Adobe's proprietary Flash.

Google's brief concludes that a preliminary injunction against the four HTC phones Apple claims to be infringing would "likely raise the price of mobile devices to U.S. consumers, diminish the variety of devices available, lower the number of consumers that have access to the critical public health and welfare benefits of mobile computing, reduce innovation in the mobile device industry, reduce the development of critical wireless network infrastructure, lower the number of mobile applications created, raise barriers to entry, and threaten the only open mobile computing platform."

Mueller notes, "All of that sounds great, but I doubt that it will persuade the ITC that patent infringement can be justified with the benefits of a competitive marketplace.

"There needs to be a balance between intellectual property and competition, and neither Google's nor T-Mobile's statement says how and where that balance should be struck. Both just advocate a free pass for Android."
post #2 of 119
Now they are just taking the piss... Seriously.
post #3 of 119
Wow, just no shame what so ever
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post #4 of 119
Seriously they purposefully copied Apples iOS devices including the copyrighted or patented aspects. That can not be allowed to stand. Sadly it appears that they did this on purpose because they had no confidence in their own processes and software stack.

What really blows here is that Android had the makings of a really decent iPhone competitor but instead took a turn towards theft. No body at Google should be proud of what Android has become. Rather they should be embarrassed and ashamed that they took the route of the common criminal.
post #5 of 119
Quote:
Originally Posted by wizard69 View Post

Rather they should be embarrassed and ashamed that they took the route of the common criminal.

After the unveiling of the first production release of Android, one of the higher-ups at Google reportedly whispered in horror to Eric Schmidt:

"We have become Microsoft, destroyer of IP"

*Note: this is not meant to be taken as insider information as to what may or may not have actually been said at the first unveiling of the first version of Android.

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post #6 of 119
"Please sir, I know I coped from Tim in the exam and all, but if you fail me for that you will allow Jason a monopoly on A grades which threatens the future labour market enormously by limiting the choice of highly-qualified candidates!"

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post #7 of 119
Just like Google's response to Microsoft over their licensing agreements with Android OEM's

This is the same tactic weve seen time and again from Microsoft. Failing to succeed in the smartphone market, they are resorting to legal measures to extort profit from others achievements and hinder the pace of innovation. We remain focused on building new technology and supporting Android partners.

They don't deny that Android infringes but rather jumps to the straw man argument of they cant compete so this is why they are doing x,y,z
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~Ireland

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post #8 of 119
This sets a very dangerous precedent.

First, it pretty much makes all injunctions, regardless of validity, completely useless.

Second, by doing it on grounds of accused monopolies, rather than defending their own work, this is pretty much giving Apple the keys to an easy win.
post #9 of 119
Quote:
Originally Posted by Jensonb View Post

"Please sir, I know I coped from Tim in the exam and all, but if you fail me for that you will allow Jason a monopoly on A grades which threatens the future labour market enormously by limiting the choice of highly-qualified candidates!"

post #10 of 119
Seems like everybody is in panic mode except Apple. I wonder why that is?

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post #11 of 119
Quote:
Originally Posted by mbarriault View Post

This sets a very dangerous precedent.

First, it pretty much makes all injunctions, regardless of validity, completely useless.

Second, by doing it on grounds of accused monopolies, rather than defending their own work, this is pretty much giving Apple the keys to an easy win.

Very well said
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post #12 of 119
Google: Come on, let us steal other people's work. It's not fair Apple thought of these innovations first. If our CEO wasn't creepy, he could have pushed us in the right direction.
post #13 of 119
I wonder what happened to "we're going to hold off on doing things out of respect for Steve Jobs"?
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post #14 of 119
Quote:
Originally Posted by AppleInsider View Post

While delaying the launch of Android 4.0 in the wake of Steve Jobs' passing, Google has filed an amicus curiae brief in parallel with US carrier T-Mobile, both of whom ask that the International Trade Commission not ban HTC's Android products, regardless of their infringement of Apple's intellectual property.


Let the wild hate fest begin!
post #15 of 119
Quote:
Originally Posted by mbarriault View Post


First, it pretty much makes all injunctions, regardless of validity, completely useless.


Oops! Until this remark, you were a shoe-in for the next Supreme Court vacancy.
post #16 of 119
Quote:
Originally Posted by ConradJoe View Post

Let the wild hate fest begin!

Google sucks.

Seriously though, out of all the legal moves Google has to play, this is the best they can do?
post #17 of 119
Quote:
Originally Posted by ConradJoe View Post

Oops! Until this remark, you were a shoe-in for the next Supreme Court vacancy.

I really can't tell if you're supporting my statement by referring to the ineptitude of the Supreme Court of the US, or opposing and saying that this wouldn't constitute precedent for other injunction cases.
post #18 of 119
Quote:
Originally Posted by jragosta View Post

I wonder what happened to "we're going to hold off on doing things out of respect for Steve Jobs"?

It lives on...in your imagination.
post #19 of 119
Don't all the figures point to Android dominating the market.

I thought banning Samsung phones was putting the public at risk.

HTC can replace Samsung handsets in that argument, Samsung can replace HTC handsets in this one.

Then what of the American patents Google obtained from Motorola and Palm and gave to HTC in Taiwan, how is giving American innovations to foreign companies benefitting American consumers?

The patents HTC bought from S3 and VIA are they "harming American consumers" by seeking to ban iPhone sales?

Google was pretty good when they first came out of Stanford, they provide a classic example of how money and power corrupts, it has turned them into hypocritical pedlars of any user data they can gather to sell to advertisers.

They have one goal similar to Microsoft's "Windows on every desktop" and that is "Google on every Internet connected device, watching, gathering, selling".
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post #20 of 119
Quote:
Originally Posted by mbarriault View Post

I really can't tell if you're supporting my statement by referring to the ineptitude of the Supreme Court of the US, or opposing and saying that this wouldn't constitute precedent for other injunction cases.

Neither. While it may be a precedent in certain situations, it most certainly would not "make[] all injunctions, regardless of validity, completely useless".
post #21 of 119
Can't believe Google is actually trying to protect their position in the market. Why won't they just roll over and let Apple stomp out all it's competitors??
post #22 of 119
Quote:
Originally Posted by jragosta View Post

I wonder what happened to "we're going to hold off on doing things out of respect for Steve Jobs"?

It's rubbish, they'll hold off until Samsung can configure their photocopiers, just like they did when the iPad 2 was announced.

Then again ice cream sandwich might not be ready, Samsung probably doesn't want to be associated with another Xoom like flop.
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post #23 of 119
Quote:
Originally Posted by Tallest Skil View Post

After the unveiling of the first production release of Android, one of the higher-ups at Google reportedly whispered in horror to Eric Schmidt:

"We have become Microsoft, destroyer of IP"


Thank-you Mr. Oppenpage.
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post #24 of 119
DED sounds seriously butt hurt.
post #25 of 119
Man it sounds like "Do No Evil" has turned into "Kick puppies if it will make you a nickel"
post #26 of 119
What a sensationalist headline.
post #27 of 119
If this somehow was agreed by ITC, then it's pretty much end of patents as we know it. Anyone can freely copy a uniquely successful product in the market, because not allowing the copy to exist would allow that product to establish a virtual monopoly. Now maybe that's what Google wants, but we better not hear google later sue someone for copying their search engine.
post #28 of 119
Quote:
Originally Posted by Jetz View Post

What a sensationalist headline.

Typical DED - you can often guess that it is his writing because the scenario presented is unlikely to be in accord with the facts of the matter. Or any conceivable facts of any matter.
post #29 of 119
Wow. Even the Chinese don't argue like that. :-). If this went Google way, the Chinese would be thrilled.
post #30 of 119
In the best interest of competition, Google's Android should be removed from the market immediately. The continued active and passive theft that has occurred in the name of that platform should cease. It sends the wrong message to entrepreneurs, companies, developers, and the industry in general. It sends the message that STEALING is ok as long as it's wrapped in a corporate veil (with numerous lawyers hired to conceal the lies). We will ALL (even Android users) suffer if this wrong is not righted.
post #31 of 119
I guess if stealing is ok why don't we all go and steal the phones, tablets, ect. and see how they like people who steal
post #32 of 119
Quote:
Originally Posted by mwhiteco View Post

I guess if stealing is ok

What a bizarre POV. Stealing is wrong.
post #33 of 119
I am not a fan of these tech patent wars.

My bigger concern is everyone declaring full on war on Apple. All it takes is one patent ruling to cause all kinds of havoc on future Apple innovations.

IP trades and royalty deals are much better than wars.
post #34 of 119
I love watching Google fandroids crapping themselves over this latest stunt.
post #35 of 119
Quote:
Originally Posted by wizard69 View Post

Seriously they purposefully copied Apples iOS devices including the copyrighted or patented aspects. That can not be allowed to stand. Sadly it appears that they did this on purpose because they had no confidence in their own processes and software stack.

What really blows here is that Android had the makings of a really decent iPhone competitor but instead took a turn towards theft. No body at Google should be proud of what Android has become. Rather they should be embarrassed and ashamed that they took the route of the common criminal.

First of all google did not copy iOS it is really sad some people are to ignorant to understand that. First of all the way the two OSs operate is totally different. Google uses a virtual machine called Dalvic very similar to java in order to interact with the soft ware and the hardware. iOS does not use a virtual machine to interact with software and hardware it is more direct on soft ware communicates with the machine language.

The next thing that is completely different about the OSs is the user interface. iOS goes the way of have no home screen and having the user doing everything directly from the app drawl. Android however does it a differently. Android does it similar to how Blackberry OS and Windows mobile have done it for years. Android has an App drawl that all the apps are placed in. Then it has a seperate homescreen that the user interacts with. this home screen contains the shortcut to applications and widgets this is similar to those previous OSs.

What happened was Android was being developed to compete with the then current heavy weights of the industry and was taking the best things from those OSs and makign android with it. At that time smartphones where keyboard based. Then the iPhone was Released and the demand for smartphones shifted. People did not want the keyboard based any more so as demand shifted so did did the androids offerings. Instead of offering an OS that would not even be desirable to consumers android was made touch orientated and DID COPY MULTITOUCH AND PINCH TO ZOOM however most of the things in the Os where virtually the same. Android being touch based does not make it an iOS copy. Having the grid of Icons is not because that was around far before iOS. If you use them both you will see the differences are vast.
post #36 of 119
Quote:
Originally Posted by jragosta View Post

I wonder what happened to "we're going to hold off on doing things out of respect for Steve Jobs"?

It was reported that way, but it was really more of a "we're going to hold off on unveiling Android 4.0 ICS out of respect for Steve Jobs' death because nobody will be paying attention to our announcements if we make them right now, and its not ready yet anyway, so this gives us an excuse to punt our release down the field a bit while avoiding criticism."

Android 4 looks primarily like a new iTunes clone Music app, a new G+ Facebook clone app, and the smartphone version of Honeycomb.
post #37 of 119
Quote:
Originally Posted by Technarchy View Post


My bigger concern is everyone declaring full on war on Apple. All it takes is one patent ruling to cause all kinds of havoc on future Apple innovations.


Apple is not a beleaguered underdog. They are a huge corporation who hire lawyers like most people buy Candy Corn.

Apple has already lost many, many patent rulings. No havoc yet.

Your worries seem misplaced.
post #38 of 119
Quote:
Originally Posted by mdriftmeyer View Post

I love watching Google fandroids crapping themselves over this latest stunt.

The only person who appears to be crapping himself about this news is DED. And this title (along with his other horribly written rant-fests) show he is most certainly not a fandroid .

"Google is evil!"
"Google's terrible!"
"They can't do this!"

^^
Not the comments of scared fandroids
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post #39 of 119
Quote:
Originally Posted by ConradJoe View Post

Typical DED - you can often guess that it is his writing because the scenario presented is unlikely to be in accord with the facts of the matter. Or any conceivable facts of any matter.

Conradjoe, I read both Dilger's and Mueller's articles, and it appears that the scenario presented is in accord with the facts. Can you be more specific? Or are you just blowing smoke?
post #40 of 119
Quote:
Originally Posted by Windsor Smith View Post

Conradjoe, I read both Dilger's and Mueller's articles, and it appears that the scenario presented is in accord with the facts. Can you be more specific? Or are you just blowing smoke?

They never asked the ITC to "allow Android to freely infringe Apple's iOS".
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