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.

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

GarageSale 6.9.2 - Create outstanding eB...
GarageSale is a slick, full-featured client application for the eBay online auction system. Create and manage your auctions with ease. With GarageSale, you can create, edit, track, and manage... Read more
calibre 2.17 - Complete e-library manage...
Calibre is a complete e-book library manager. Organize your collection, convert your books to multiple formats, and sync with all of your devices. Let Calibre be your multi-tasking digital librarian... Read more
OmniGraffle Pro 6.1.2 - Create diagrams,...
OmniGraffle Pro helps you draw beautiful diagrams, family trees, flow charts, org charts, layouts, and (mathematically speaking) any other directed or non-directed graphs. We've had people use... Read more
OmniGraffle 6.1.2 - Create diagrams, flo...
OmniGraffle helps you draw beautiful diagrams, family trees, flow charts, org charts, layouts, and (mathematically speaking) any other directed or non-directed graphs. We've had people use Graffle to... Read more
RoboForm 2.0.2 - Password manager; syncs...
RoboForm is a password manager that offers one-click login, mobile syncing, easy form filling, and reliable security. Password Manager. RoboForm remembers your passwords so you don't have to! Just... Read more
Apple MainStage 3.1 - Live performance t...
Love the sound you got on your recording? MainStage 3 makes it easy to bring all the same instruments and effects to the stage. Everything from the Sound Library and Smart Controls you're familiar... Read more
Freeway Pro 7.0.2 - Drag-and-drop Web de...
Freeway Pro lets you build websites with speed and precision... without writing a line of code! With its user-oriented drag-and-drop interface, Freeway Pro helps you piece together the website of... Read more
A Better Finder Rename 9.44 - File, phot...
A Better Finder Rename is the most complete renaming solution available on the market today. That's why, since 1996, tens of thousands of hobbyists, professionals and businesses depend on A Better... Read more
Stacks 2.6.9 - New way to create pages i...
Stacks is a new way to create pages in RapidWeaver. It's a plugin designed to combine drag-and-drop simplicity with the power of fluid layout. Features: Fluid Layout: Stacks lets you build pages... Read more
Sid Meier's Civilization: Beyond Ea...
Sid Meier's Civilization: Beyond Earth is a new science-fiction-themed entry into the award-winning Civilization series. Set in the future, global events have destabilized the world leading to a... Read more

Choice Provisions is Set to Launch Destr...
Choice Provisions is Set to Launch Destructamundo on iOS This Month Posted by Tre Lawrence on January 23rd, 2015 [ permalink ] Choice Provisions – home stable to | Read more »
King of Thieves – An Interview With Zept...
Ahead of the release of ZeptoLab’s King of Thieves, we were able to ask ZeptoLab’s co-founder, Semyon Voinov, a few questions about the inspiration behind the game and what that means for the Cut the Rope franchise. | Read more »
Handle Review
Handle Review By Jennifer Allen on January 23rd, 2015 Our Rating: :: SPEEDY ORGANIZINGUniversal App - Designed for iPhone and iPad Handle is a very convenient way of juggling your emails, To Do list, and Calendar all through one... | Read more »
The New Disney Inquizitive App Offers a...
The New Disney Inquizitive App Offers a Place for Fans to Take Disney Quizzes Posted by Tre Lawrence on January 23rd, 2015 [ permalink ] | Read more »
Hands-On With Cut the Rope Developer Zep...
Marking quite a departure from ZeptoLab’s past successes, namely the Cut The Rope series, King of Thieves is shaping up to be quite promising. Due for release in February, we were lucky enough to have some time with a preview build to see exactly... | Read more »
Fast Fishing Review
Fast Fishing Review By Jennifer Allen on January 23rd, 2015 Our Rating: :: LIVES UP TO ITS NAMEUniversal App - Designed for iPhone and iPad Fishing is far from relaxing in Fast Fishing, but it is fun.   | Read more »
Head Back to Dark World of Arnashia in B...
Head Back to Dark World of Arnashia in Blood Brothers 2 Posted by Jessica Fisher on January 23rd, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Saved Review
Saved Review By Jennifer Allen on January 23rd, 2015 Our Rating: :: SIMPLE BUDGETINGiPhone App - Designed for the iPhone, compatible with the iPad Saved is a convenient and speedy way of adding expenses and keeping track of your... | Read more »
Wooga Announces Agent Alice, a New Hidde...
Wooga Announces Agent Alice, a New Hidden Object Game Posted by Jessica Fisher on January 23rd, 2015 [ permalink ] Wooga, makers of | Read more »
One Tap Desert Hero Review
One Tap Desert Hero Review By Campbell Bird on January 23rd, 2015 Our Rating: :: DRY GAMEPLAYiPhone App - Designed for the iPhone, compatible with the iPad This one-touch arcade game uses random elements and unlocks to try to keep... | Read more »

Price Scanner via MacPrices.net

College Student Deals are back, additional $5...
Take an additional $50 off all MacBooks and iMacs at Best Buy Online with their College Students Deals Savings, valid through April 11, 2015. Anyone with a valid .EDU email address can take advantage... Read more
iPhone 6 and 6 Plus GIve Apple Half Of US Mob...
Chicago-based Consumer Intelligence Research Partners, LLC (CIRP) have released analysis of the results of its research on mobile phone manufacturers for the calendar quarter that ended December 31,... Read more
Save $100 on MacBook Airs with 256GB of stora...
B&H Photo has 256GB MacBook Airs on sale for $100 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 11″ 1.4GHz/256GB MacBook Air: $999 $100 off MSRP - 13″ 1.4GHz/256GB MacBook... Read more
21-inch 2.7GHz iMac on sale for $1179, save $...
B&H Photo has the 21″ 2.7GHz iMac on sale for $1179 including free shipping plus NY sales tax only. Their price is $120 off MSRP, and it’s the lowest price available for this model from any... Read more
iPhone Usage Rates by State Correlate With Ed...
Chitika Insights notes that despite iPhones being the largest source of smartphone Internet traffic in North America, their latest study finds a relatively high degree of variation of iPhone usage... Read more
ProGearX Extendable Pole “Pov/Selfie Stick” M...
There’s something inescapably narcissistic about the concept of selfies as they’ve developed as a smartphone-driven social (particularly social media) phenomenon that rubs me the wrong way. However,... Read more
iPad Air 2 on sale for up to $100 off MSRP, 2...
 Best Buy has iPad Air 2s on sale for up to $100 off MSRP on their online store for the next two days. Choose free shipping or free local store pickup (if available). Sale prices available for online... Read more
Roundup of Apple refurbished MacBook Pros and...
The Apple Store has Apple Certified Refurbished 2014 MacBook Pros and MacBook Airs available for up to $400 off the cost of new models. An Apple one-year warranty is included with each model, and... Read more
Sale! 13-inch 2.8GHz Retina MacBook Pro for $...
 B&H Photo has the 13″ 2.8GHz Retina MacBook Pro on sale for $1599 including free shipping plus NY sales tax only. Their price is $200 off MSRP, and it’s the lowest price available for this model... Read more
Next OS X/iOS Version Upgrades Should Concent...
On stage at Apple’s World Wide Developers’ Conference in June 2009, Bertrand Serlet, the company’s Senior Vice President of Software Engineering at the time, announced that the forthcoming OS X... Read more

Jobs Board

*Apple* Acura/Subaru Service Technicians - A...
Apple Automotive is one of the fastest growing dealer…and it shows. Consider making the switch to the Apple Automotive Group today! At Apple Automotive , Read more
Business Development Manager - *Apple* Pay...
**Job Summary** Apple Pay is seeking an experienced business development manager to support the identification, recruitment, negotiation and ongoing management of Read more
*Apple* Solutions Consultant (ASC)- Retail S...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
*Apple* Solutions Consultant - Retail Sales...
**Job Summary** As an Apple Solutions Consultant (ASC) you are the link between our customers and our products. Your role is to drive the Apple business in a retail Read more
*Apple* Lead Operator, GSOC - Apple (United...
**Job Summary** Apple is seeking an exceptional, customer service oriented and experienced persons to fulfill the role of Apple Lead Operator (ALO) as part of the Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.