Chinese anti-counterfeit alliance demands Apple respect iPhone sales ban from Chinese cour...

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in iPhone
Apple needs to respect the decision of a court banning the sale of some iPhone models in China, a Chinese anti-counterfeit alliance declared on Thursday, alleging subsidiaries affected by the order are seemingly ignoring the demand relating to a Qualcomm patent infringement case.

Apple's iPhone 6s is among the models affected by the Chinese ban.
Apple's iPhone 6s is among the models affected by the Chinese ban.


Four subsidiaries of Apple in the country were subject to two preliminary injunctions from early December, effectively banning the import and sale of iPhones running iOS 11 or older versions of the operating system. The ban, instigated by Qualcomm, covers the iPhone 6S through to the iPhone X, but does not apply to the iPhone XS, iPhone XS Max, and iPhone XR, nor to devices running iOS 12.

The China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance claims the subsidiaries are flouting the court order, and is failing to respect the court, reports CNBC.

"The Alliance has noticed that the four Chinese subsidiaries of Apple Inc. concerned have not performed this order and even refused to receive the written injunction order legally served by the court," a statement from the alliance reads. "Such an act has attracted broad attention, sparked heated discussions, and even evoked great indignation in China and abroad."

Apple is then urged to respect the court's order "rather than defy and even trample the Chinese law by leveraging its super economic power and clout."

It is unclear exactly how much the alliance's statement will affect Apple, as it is a non-government organization that aims to protect intellectual property rights, and has no actual legal power to compel actions. The group is said to be made up of a variety of trade associations and universities, as well as major firms including Alibaba, JD.com, and Xiaomi.

The ban itself was put in place following a ruling on December 10 in favor of Qualcomm, which accused Apple of violating software patents relating to resizing photographs and app management on a touchscreen device. While it affected earlier iOS versions, Apple did attempt to work around the ban by issuing a software update to make infringing iPhones compliant.

Qualcomm has since provided a court with evidence of Apple failing to abide by the sale and import ban, and argued that it should also be extended to the 2018 iPhone releases as well.

Apple is also reportedly looking for other ways to skirt the sales ban, by taking advantage of agreements between its assemblers and Qualcomm. It is thought that iPhones produced by Pegatron are exempt from the ban, while those sourced from Foxconn and Wistron are blocked, with the belief it is due to Pegatron paying a license fee for the disputed software.

The China-based activities is only part of the overall Apple and Qualcomm patent spat, which includes a German ban on the iPhone 7 and 8, as well as a courtroom fight in the United States expected to take place in April.

Comments

  • Reply 1 of 17
    sricesrice Posts: 114member
    "China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance"  

    LOL! I guarantee that in 6 months it'll come out that that alliance is funded by Qualcomm and Hauwei.  Guarantee. 
    racerhomie3magman1979lostkiwiwatto_cobra
  • Reply 2 of 17
     “The group is said to be made up of a variety of trade associations and universities, as well as major firms including Alibaba, JD.com, and Xiaomi.”

    Alibaba? JD.com? Xiaomi? Oh yes, these companies really respect IP rights.

    racerhomie3magman1979watto_cobrajony0
  • Reply 3 of 17
    radarthekatradarthekat Posts: 2,973moderator
    I’m still a bit confused how any new iPhones are shipping with iOS 11.  If everything is iOS 12, and iOS 12 doesn’t infringe, what then remains to be banned?  
    edited January 4 the monklostkiwiwatto_cobra
  • Reply 4 of 17
    It doesn’t matter. We started first for taking their hostages. Why are we surprised with retaliation? Cook has a big target on his back, until things calm down.
  • Reply 5 of 17
    SpamSandwichSpamSandwich Posts: 30,748member
    If Tim has made any plans to visit China, he should unmake them:  https://www.cnbc.com/2019/01/03/us-issues-new-warning-over-china-travel-urging-increased-caution-.html
    watto_cobra
  • Reply 6 of 17
    gatorguygatorguy Posts: 20,055member
    I’m still a bit confused how any new iPhones are shipping with iOS 11.  If everything is iOS 12, and iOS 12 doesn’t infringe, what then remains to be banned?  
    There's no reason to be confused if you pay attention to the order itself rather than Apple PR statements.
    It's only Apple saying they don't believe iOS12, at least after the latest update, still infringes on the Qualcomm IP...

    But the OS version is nothing the court ever mentioned. The ban applied to devices manufactured by Foxconn on Apple's behalf regardless of the OS version.

    Pegatron licenses the asserted patents so they are in the clear. Foxconn doesn't. Unless or until the court modifies the ruling (and they could) then whether it's iOS9 or 10, or 11 or 12 doesn't matter. At all. 
    edited January 4 muthuk_vanalingam
  • Reply 7 of 17
    As an senior executive, he has to go if it is scheduled. Otherwise big company can’t do any business anywhere. You obviously don’t understand. However, it is up to the USG to provide advise and make reasonable counselor services overseas. Or you don’t do business in that country at all.  
  • Reply 8 of 17
    Apple just pulled iPhone in Germany, oh well, see if Apple will pull old iPhone from China.
  • Reply 9 of 17
    tzeshantzeshan Posts: 1,876member
    I’m still a bit confused how any new iPhones are shipping with iOS 11.  If everything is iOS 12, and iOS 12 doesn’t infringe, what then remains to be banned?  
    But Qualcomm says iOS12 still infringes its patents. 
  • Reply 10 of 17
    tzeshantzeshan Posts: 1,876member

    You should wish him make the trip. Then Apple will decide to completely switch to India. 
  • Reply 11 of 17
    gatorguygatorguy Posts: 20,055member
    tzeshan said:
    I’m still a bit confused how any new iPhones are shipping with iOS 11.  If everything is iOS 12, and iOS 12 doesn’t infringe, what then remains to be banned?  
    But Qualcomm says iOS12 still infringes its patents. 
    I think what they're actually saying is the OS version doesn't matter anyway since that was not the basis for the temporary order. Apple saying that iOS12 no longer infringes has no relevance at all for the moment, and won't until the court chooses to modify or dismiss the ruling based on specific versions of the iPhone operating system. 

    Until that happens iOS12 infringes just as surely as iOS11 did. It has always been about the manufacturer and not the OS version. 
    muthuk_vanalingam
  • Reply 12 of 17
    tzeshantzeshan Posts: 1,876member
    gatorguy said:
    tzeshan said:
    I’m still a bit confused how any new iPhones are shipping with iOS 11.  If everything is iOS 12, and iOS 12 doesn’t infringe, what then remains to be banned?  
    But Qualcomm says iOS12 still infringes its patents. 
    I think what they're actually saying is the OS version doesn't matter anyway since that was not the basis for the temporary order. Apple saying that iOS12 no longer infringes has no relevance at all for the moment, and won't until the court chooses to modify or dismiss the ruling based on specific versions of the iPhone operating system. 

    Until that happens iOS12 infringes just as surely as iOS11 did. It has always been about the manufacturer and not the OS version. 
    Tim is too good in personality. He decides not following Jobs to sue Google with thermonuclear power. He thinks because he is so nice not to sue the Android competitor will reward him. So Apple can copy others and others can copy Apple at will. This is what happens after Jobs passed away in 2011. Unfortunately Tim does not understand the business world operates not based on how you are. 
  • Reply 13 of 17
    magman1979magman1979 Posts: 1,110member
    China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance”

    HAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!!!

    Best joke of 2019 so far!!

    And looking at who is a member of this alliance, yeah, Xiaomi really stands up for protecting IP and rights, give me a fucking break!!!
    watto_cobra
  • Reply 14 of 17
    China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance”

    A right proper Orwellian doublespeak example if there ever was one.
    SpamSandwichwatto_cobra
  • Reply 15 of 17
    SpamSandwichSpamSandwich Posts: 30,748member
    mervynyan said:
    As an senior executive, he has to go if it is scheduled. Otherwise big company can’t do any business anywhere. You obviously don’t understand. However, it is up to the USG to provide advise and make reasonable counselor services overseas. Or you don’t do business in that country at all.  
    No, he does not “have to go”. He’s not a robot.
    watto_cobra
  • Reply 16 of 17
    pmb01pmb01 Posts: 18member
    LOL! If they care about respecting companies' IP, tell that to your own Chinese companies that blatantly copy the iPhone in every way, even the look of the software. Apple should continue ignoring these morons.
    watto_cobra
  • Reply 17 of 17
    fallenjtfallenjt Posts: 3,974member
    China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance”
    What a joke!
    watto_cobra
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