Greg's Bite: Apple's nuclear winter
TweetFollow Us on Twitter

Greg's Bite: Apple's nuclear winter

By Greg Mills

I carefully read the almost-daily Foss Patents emails when they come. Florian Mueller, the well known German patent attorney has excellent insight and carefully follows the Apple nuclear war against the Android gang. Check out his web site at fosspatents.com .  

Apple and HTC recently settled their differences out of court with a 10-year cross-licensing deal. Courts generally like out-of-court settlements as they are taken out of the loop and are not responsible for  appeals and the like. Far better for the parties to come to a conclusion they both are willing to settle for, than have a judgment against them they hate.  

Ironically, Apple settling with HTC for a financial deal might come back to bite Apple in the hind quarters. Samsung convinced a Federal judge that since Apple settled with HTC and made a patent licensing deal for each HTC phone sold, the sale of Samsung Android phones couldn't be worthy of an injunction completely prohibiting the sale of Samsung products in the US.

Apple argues it is really none of Samsung's business, but the judge agreed with Samsung, so the cat is out of the bag. The question is this: would Samsung be willing to settle for similar terms? Also, would a settlement between Apple and Samsung preclude the giant judgment against the South Korean company.  

This is sort of like a war, where one country waves the white flag and the UN declares that the other belligerents are entitled to a similar peace deal. Apple does not want its deal with HTC to undermine settling with other Android handset makers on their own merits.  

Only time will tell what negotiations are already underway to settle the worldwide patent fight that the late Steve Jobs started with his declaration that Android was a stolen product. A reason each Android handset maker needs to make their own peace with Apple is that in a cross licensing deal, such as the HTC deal, Apple gets a license to HTC patents and then licenses Apple patents to the other company. Money equalizes the deal with more money going to the company with the more valuable technology. It is estimated that HTC will pay Apple about 10% of the wholesale value of HTC Android phones.  

The more a smartphone sells for, the greater the royalty due the owner of the licensed technology. Thus each company will have to make a deal based upon the reciprocal patents they offer, the wholesale value of their phones and, of course, the number of phones sold.

I can not emphasize enough that it ought to be within the power of Apple to make deals within its discretion with the various handset companies. The ownership of patent rights gives the right to arbitrarily give a better deal or none at all to various competitors. HTC might have gotten a better deal since they were the first to settle with Apple and were not quite so antagonistic as Samsung.  

It is also Apple's right to not be willing to license certain of their patents at all, keeping them proprietary to Apple's products. While the HTC deal might indicate to a judge that some financial arrangement as an alternative to an outright import ban has been acceptable to Apple, it need not follow that Apple must accept a similar deal with everyone. 

On another subject, I recently ran into my acquaintance Shawn, the Electronics guy at my local Sam's Club. Shawn was eager to tell me about his personal experience loading his PC with the latest operating system offering from Microsoft: Windows 8. What he told me was about what one could expect from the gang that can't shoot straight up in Redmond.

Shawn told me he has spent the best part of a couple of days now trying to get his PC to boot. He explained that when he first loaded the Windows 8 operating system it booted okay, but he really didn't like the interface. Then he noticed his optical drive was not working. He fumbled around in the preferences and discovered the drive wasn't even being recognized by the operating system (the words "operating system" as used in this story should not be taken literally)

When the Win system failed to identify the optical drive, he did what most PC users are used to doing: he reloaded the operating system software. While apparently successfully reloaded, now the PC wouldn't even boot at all. After countless attempts at getting Windows 8 to boot, he gave up and pulled the hard drive out to try to recover his files so he could wipe the hard drive and reinstall Windows 7, which he prefers based upon the short period Windows 8 was actually working. Windows 8 is going back to the store from which he bought it with a few well chosen words, I am pretty sure.

Multiply this by a few hundred thousand and, as the stories of disaster spread, Windows 8 becomes Windows Vista all over again. Just in time for Christmas. PC hardware makers who have their PCs returned to the store due to people hating Windows 8 are sure to raise a ruckus in the tech world. Already, well know PC publications are warning people to avoid Windows 8 like the plague. I am certainly aware of the health warnings and won't touch a PC without surgical grade rubber gloves (the mask and gown are actually overkill if don't breathe the PC fumes directly)

In the past I have suggested that PC users with similar issues soak their PC in epson saltwater overnight and buy a Mac in the morning. It has been suggested that someone might actually do that first part and then blame me when my advisce didn't work. So I must tell PC users that I'm just joking to avoid liability.  

That's Greg's Bite for today.

 
AAPL
$96.87
Apple Inc.
-0.32
MSFT
$44.46
Microsoft Corpora
-0.42
GOOG
$593.16
Google Inc.
-2.82

MacTech Search:
Community Search:

Software Updates via MacUpdate

Airfoil 4.8.7 - Send audio from any app...
Airfoil allows you to send any audio to AirPort Express units, Apple TVs, and even other Macs and PCs, all in sync! It's your audio - everywhere. With Airfoil you can take audio from any... Read more
Microsoft Remote Desktop 8.0.8 - Connect...
With Microsoft Remote Desktop, you can connect to a remote PC and your work resources from almost anywhere. Experience the power of Windows with RemoteFX in a Remote Desktop client designed to help... Read more
xACT 2.30 - Audio compression toolkit. (...
xACT stands for X Aaudio Compression Toolkit, an application that encodes and decodes FLAC, SHN, Monkey’s Audio, TTA, Wavpack, and Apple Lossless files. It also can encode these formats to MP3, AAC... Read more
Firefox 31.0 - Fast, safe Web browser. (...
Firefox for Mac offers a fast, safe Web browsing experience. Browse quickly, securely, and effortlessly. With its industry-leading features, Firefox is the choice of Web development professionals... Read more
Little Snitch 3.3.3 - Alerts you to outg...
Little Snitch gives you control over your private outgoing data. Track background activityAs soon as your computer connects to the Internet, applications often have permission to send any... Read more
Thunderbird 31.0 - Email client from Moz...
As of July 2012, Thunderbird has transitioned to a new governance model, with new features being developed by the broader free software and open source community, and security fixes and improvements... Read more
Together 3.2 - Store and organize all of...
Together helps you organize your Mac, giving you the ability to store, edit and preview your files in a single clean, uncluttered interface. Smart storage. With simple drag-and-drop functionality,... Read more
Cyberduck 4.5 - FTP and SFTP browser. (F...
Cyberduck is a robust FTP/FTP-TLS/SFTP browser for the Mac whose lack of visual clutter and cleverly intuitive features make it easy to use. Support for external editors and system technologies such... Read more
iExplorer 3.4 - View and transfer all th...
iExplorer is an iPhone browser for Mac lets you view the files on your iOS device. By using a drag and drop interface, you can quickly copy files and folders between your Mac and your iPhone or... Read more
Airmail 1.4 - Powerful, minimal email cl...
Airmail is a powerful, minimal mail client.It was designed to retain the same experience with a single or multiple accounts and provide a quick, modern and easy-to-use user experience. Airmail... Read more

Latest Forum Discussions

See All

More Paintings Have Been Added to Paint...
More Paintings Have Been Added to Paint it Back! Posted by Jessica Fisher on July 24th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
The Order of Souls Review
The Order of Souls Review By Campbell Bird on July 24th, 2014 Our Rating: :: STORY GRINDUniversal App - Designed for iPhone and iPad The Order of Souls is a free-to-play, turn-based RPG with a genre-mixing art style, interesting... | Read more »
Revolution 60 Review
Revolution 60 Review By Jordan Minor on July 24th, 2014 Our Rating: :: LASS EFFECTUniversal App - Designed for iPhone and iPad Revolution 60 is a bold, cinematic action game with ambition to spare.   | Read more »
Matter (Photography)
Matter 1.0.1 Device: iOS Universal Category: Photography Price: $1.99, Version: 1.0.1 (iTunes) Description: Add stunning 3D effects to your photos with real-time shadows and reflections. Export your creations as photos or video loops... | Read more »
Fanatic Earth Review
Fanatic Earth Review By Brittany Vincent on July 24th, 2014 Our Rating: :: BY-THE-NUMBERSUniversal App - Designed for iPhone and iPad Kemco’s stable of mobile RPGs grows, but in Fanatic Earth’s situation it’s a case of quantity... | Read more »
Together for iOS (Productivity)
Together for iOS 1.0 Device: iOS Universal Category: Productivity Price: $9.99, Version: 1.0 (iTunes) Description: Together is an app for keeping things in one place. Notes, documents, images, movies, sounds, web pages and bookmarks... | Read more »
The Phantom PI Mission Apparition (Game...
The Phantom PI Mission Apparition 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: ** Release sale! 50% off for a limited time! ** The Phantom PI Mission Apparition is a spooky, puzzly, rock’... | Read more »
The Great Prank War (Games)
The Great Prank War 1.0.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0.0 (iTunes) Description: Help Mordecai, Rigby, Muscle Man and Skips take the park back from Gene and his goons with a plethora of prank-related... | Read more »
Teenage Mutant Ninja Turtles (Games)
Teenage Mutant Ninja Turtles 1.0.0 Device: iOS Universal Category: Games Price: $3.99, Version: 1.0.0 (iTunes) Description: Download the all new Teenage Mutant Ninja Turtles Official Movie Game! | Read more »
Dream Revenant (Games)
Dream Revenant 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: EXCLUSIVE LAUNCH PRICE ! Dream Revenant is at $1.99 for a limited time ! | Read more »

Price Scanner via MacPrices.net

What Should Apple’s Next MacBook Priority Be;...
Stabley Times’ Phil Moore says that after expanding its iMac lineup with a new low end model, Apple’s next Mac hardware decision will be how it wants to approach expanding its MacBook lineup as well... Read more
ArtRage For iPhone Painting App Free During C...
ArtRage for iPhone is currently being offered for free (regularly $1.99) during Comic-Con San Diego #SDCC, July 24-27, in celebration of the upcoming ArtRage 4.5 and other 64-bit versions of the... Read more
With The Apple/IBM Alliance, Is The iPad Now...
Almost since the iPad was rolled out in 2010, and especially after Apple made a 128 GB storage configuration available in 2012, there’s been debate over whether the iPad is a serious tool for... Read more
MacBook Airs on sale starting at $799, free s...
B&H Photo has the new 2014 MacBook Airs on sale for up to $100 off MSRP for a limited time. Shipping is free, and B&H charges NY sales tax only. They also include free copies of Parallels... Read more
Apple 27″ Thunderbolt Display (refurbished) a...
The Apple Store has Apple Certified Refurbished 27″ Thunderbolt Displays available for $799 including free shipping. That’s $200 off the cost of new models. Read more
WaterField Designs Unveils Cycling Ride Pouch...
High end computer case and bag maker WaterField Designs of San Francisco now enters the cycling market with the introduction of the Cycling Ride Pouch – an upscale toolkit with a scratch-free iPhone... Read more
Kingston Digital Ships Large Capacity Near 1T...
Kingston Digital, Inc., the Flash memory affiliate of Kingston Technology Company, Inc.,has announced its latest addition to the SSDNow V300 series, the V310. The Kingston SSDNow V310 solid-state... Read more
Apple’s Fiscal Third Quarter Results; Record...
Apple has announced financial results for its fiscal 2014 third quarter ended June 28, 2014, racking up quarterly revenue of $37.4 billion and quarterly net profit of $7.7 billion, or $1.28 per... Read more
15-inch 2.0GHz MacBook Pro Retina on sale for...
B&H Photo has the 15″ 2.0GHz Retina MacBook Pro on sale for $1829 including free shipping plus NY sales tax only. Their price is $170 off MSRP. B&H will also include free copies of Parallels... Read more
Apple restocks refurbished Mac minis for up t...
The Apple Store has restocked Apple Certified Refurbished Mac minis for up to $150 off the cost of new models. Apple’s one-year warranty is included with each mini, and shipping is free: - 2.5GHz Mac... Read more

Jobs Board

Sr Software Lead Engineer, *Apple* Online S...
Sr Software Lead Engineer, Apple Online Store Publishing Systems Keywords: Company: Apple Job Code: E3PCAK8MgYYkw Location (City or ZIP): Santa Clara Status: Full Read more
Senior Interaction Designer, *Apple* Online...
**Job Summary** Apple is looking for a hands on Senior…will be a key player in designing for the Apple Online Store. The ideal designer will have a Read more
*Apple* Sales Chat Rep - Apple (United State...
…is looking for motivated, outgoing, and tech savvy individuals who want to offer Apple Customers an unparalleled customer experience over chat. At Apple , we believe Read more
Mac Expert - *Apple* Online Store Mexico -...
…MUST be fluent in English and Spanish to be considered for this position At Apple , we believe that hard work, a fun environment, creativity and innovation fuel the Read more
*Apple* Industrial Design CAD Sculptor - App...
**Job Summary** The Apple Industrial Design team is looking for a CAD sculptor/Digital 3D modeler to create high quality CAD models used in the industrial design process Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.