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
$102.50
Apple Inc.
+0.25
MSFT
$45.43
Microsoft Corpora
+0.55
GOOG
$571.60
Google Inc.
+2.40

MacTech Search:
Community Search:

Software Updates via MacUpdate

Skype 6.19.0.450 - Voice-over-internet p...
Skype allows you to talk to friends, family and co-workers across the Internet without the inconvenience of long distance telephone charges. Using peer-to-peer data transmission technology, Skype... Read more
VueScan 9.4.41 - Scanner software with a...
VueScan is a scanning program that works with most high-quality flatbed and film scanners to produce scans that have excellent color fidelity and color balance. VueScan is easy to use, and has... Read more
Cloud 3.0.0 - File sharing from your men...
Cloud is simple file sharing for the Mac. Drag a file from your Mac to the CloudApp icon in the menubar and we take care of the rest. A link to the file will automatically be copied to your clipboard... Read more
LibreOffice 4.3.1.2 - Free Open Source o...
LibreOffice is an office suite (word processor, spreadsheet, presentations, drawing tool) compatible with other major office suites. The Document Foundation is coordinating development and... Read more
SlingPlayer Plugin 3.3.20.505 - Browser...
SlingPlayer is the screen interface software that works hand-in-hand with the hardware inside the Slingbox to make your TV viewing experience just like that at home. It features an array of... Read more
Get Lyrical 3.8 - Auto-magically adds ly...
Get Lyrical auto-magically add lyrics to songs in iTunes. You can choose either a selection of tracks, or the current track. Or turn on "Active Tagging" to get lyrics for songs as you play them.... Read more
Viber 4.2.2 - Send messages and make cal...
Viber lets you send free messages and make free calls to other Viber users, on any device and network, in any country! Viber syncs your contacts, messages and call history with your mobile device,... Read more
Cocktail 7.6 - General maintenance and o...
Cocktail is a general purpose utility for OS X that lets you clean, repair and optimize your Mac. It is a powerful digital toolset that helps hundreds of thousands of Mac users around the world get... Read more
LaunchBar 6.1 - Powerful file/URL/email...
LaunchBar is an award-winning productivity utility that offers an amazingly intuitive and efficient way to search and access any kind of information stored on your computer or on the Web. It provides... Read more
Maya 2015 - Professional 3D modeling and...
Maya is an award-winning software and powerful, integrated 3D modeling, animation, visual effects, and rendering solution. Because Maya is based on an open architecture, all your work can be scripted... Read more

Latest Forum Discussions

See All

Rhonna Designs Magic (Photography)
Rhonna Designs Magic 1.0 Device: iOS Universal Category: Photography Price: $1.99, Version: 1.0 (iTunes) Description: Want to sprinkle *magic* on your photos? With RD Magic, you can add colors, filters, light leaks, bokeh, edges,... | Read more »
This Week at 148Apps: August 25-29, 2014
Shiny Happy App Reviews   | Read more »
Qube Kingdom – Tips, Tricks, Strategies,...
Qube Kingdom is a tower defense game from DeNA. You rally your troops – magicians, archers, knights, barbarians, and others – and fight against an evil menace looking to dominate your kingdom of tiny squares. Planning a war isn’t easy, so here are a... | Read more »
Qube Kingdom Review
Qube Kingdom Review By Nadia Oxford on August 29th, 2014 Our Rating: :: KIND OF A SQUARE KINGDOMUniversal App - Designed for iPhone and iPad Qube Kingdom has cute visuals, but it’s a pretty basic tower defense game at heart.   | Read more »
Fire in the Hole Review
Fire in the Hole Review By Rob Thomas on August 29th, 2014 Our Rating: :: WALK THE PLANKUniversal App - Designed for iPhone and iPad Seafoam’s Fire in the Hole looks like a bright, 8-bit throwback, but there’s not enough booty to... | Read more »
Alien Creeps TD is Now Available Worldwi...
Alien Creeps TD is Now Available Worldwide Posted by Ellis Spice on August 29th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Dodo Master Review
Dodo Master Review By Jordan Minor on August 29th, 2014 Our Rating: :: NEST EGGiPad Only App - Designed for the iPad Dodo Master is tough but fair, and that’s what makes it a joy to play.   | Read more »
Motorsport Manager Review
Motorsport Manager Review By Lee Hamlet on August 29th, 2014 Our Rating: :: MARVELOUS MANAGEMENTUniversal App - Designed for iPhone and iPad Despite its depth and sense of tactical freedom, Motorsport Manager is one of the most... | Read more »
Motorsport Manager – Beginner Tips, Tric...
The world of Motorsport management can be an unforgiving and merciless one, so to help with some of the stress that comes with running a successful race team, here are a few hints and tips to leave your opponents in the dust. | Read more »
CalPal Update Brings the App to 2.0, Add...
CalPal Update Brings the App to 2.0, Adds Lots of New Stuff Posted by Ellis Spice on August 29th, 2014 [ permalink ] | Read more »

Price Scanner via MacPrices.net

Apple now offering refurbished 21-inch 1.4GHz...
The Apple Store is now offering Apple Certified Refurbished 21″ 1.4GHz iMacs for $929 including free shipping plus Apple’s standard one-year warranty. Their price is $170 off the cost of new models,... Read more
Save $50 on the 2.5GHz Mac mini, on sale for...
B&H Photo has the 2.5GHz Mac mini on sale for $549.99 including free shipping. That’s $50 off MSRP, and B&H will also include a free copy of Parallels Desktop software. NY sales tax only. Read more
Save up to $300 on an iMac with Apple refurbi...
The Apple Store has Apple Certified Refurbished iMacs available for up to $300 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free. These are the best prices on... Read more
The Rise of Phablets
Carlisle & Gallagher Consulting Group, a businesses and technology consulting firm focused solely on the financial services industry, has released an infographic depicting the convergence of... Read more
Bad Driver Database App Allows Good Drivers t...
Bad Driver Database 1.4 by Facile Group is a new iOS and Android app that lets users instantly input and see how many times a careless, reckless or just plain stupid driver has been added to the... Read more
Eddy – Cloud Music Player for iPhone/iPad Fre...
Ukraine based CapableBits announces the release of Eddy, its tiny, but smart and powerful cloud music player for iPhone and iPad that allows users to stream or download music directly from cloud... Read more
A&D Medical Launches Its WellnessConnecte...
For consumers and the healthcare providers and loved ones who care for them, A&D Medical, a leader in connected health and biometric measurement devices and services, has launched its... Read more
Anand Lal Shimpi Retires From AnandTech
Anand Lal Shimpi, whose AnandTech Website is famous for its meticulously detailed and thoroughgoing reviews and analysis, is packing it in. Lal Shimpi, who founded the tech site at age 14 in 1997,... Read more
2.5GHz Mac mini, Apple refurbished, in stock...
The Apple Store has Apple Certified Refurbished 2.5GHz Mac minis available for $509, $90 off MSRP. Apple’s one-year warranty is included, and shipping is free. Read more
13-inch 2.5GHz MacBook Pro on sale for $999,...
B&H Photo has the 13″ 2.5GHz MacBook Pro on sale for $999.99 including free shipping plus NY sales tax only. Their price is $100 off MSRP. Read more

Jobs Board

*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.