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
$524.94
Apple Inc.
+5.93
MSFT
$40.01
Microsoft Corpora
-0.39
GOOG
$536.10
Google Inc.
-20.44

MacTech Search:
Community Search:

Software Updates via MacUpdate

Tweetbot 1.5.1 - Popular iOS twitter cli...
Tweetbot is a full-featured OS X Twitter client with a lot of personality. Whether it's the meticulously-crafted interface, sounds and animation, or features like multiple timelines and column views... Read more
Mac DVDRipper Pro 4.1.7 - Copy, backup,...
Mac DVDRipper Pro is the DVD backup solution that lets you protect your DVDs from scratches, save your batteries by reading your movies from your hard disk, manage your collection with just a few... Read more
PDFpenPro 6.2 - Advanced PDF toolkit for...
PDFpenPro allows users to edit PDF's easily. Add text, images and signatures. Fill out PDF forms. Merge or split PDF documents. Reorder and delete pages. Even correct text and edit graphics! Create... Read more
PDFpen 6.2 - Edit and annotate PDFs with...
PDFpen allows users to easily edit PDF's. Add text, images and signatures. Fill out PDF forms. Merge or split PDF documents. Reorder and delete pages. Even correct text and edit graphics! Features... Read more
Monolingual 1.5.9 - Remove unwanted OS X...
Monolingual is a program for removing unnecesary language resources from OS X, in order to reclaim several hundred megabytes of disk space. It requires a 64-bit capable Intel-based Mac and at least... 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
Starcraft II: Wings of Liberty 1.1.1.180...
Download the patch by launching the Starcraft II game and downloading it through the Battle.net connection within the app. Starcraft II: Wings of Liberty is a strategy game played in real-time. You... Read more
Sibelius 7.5.0 - Music notation solution...
Sibelius is the world's best-selling music notation software for Mac. It is as intuitive to use as a pen, yet so powerful that it does most things in less than the blink of an eye. The demo includes... Read more
Typinator 5.9 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more
MYStuff Pro 2.0.16 - Create inventories...
MYStuff Pro is the most flexible way to create detail-rich inventories for your home or small business. Add items to MYStuff by dragging and dropping existing information, uploading new images, or... Read more

Latest Forum Discussions

See All

Have a Special Dead Trigger 2 Easter Bas...
Have a Special Dead Trigger 2 Easter Basket Full of Goodies, Courtesy of Madfinger Games Posted by Rob Rich on April 18th, 2014 [ permalink ] Dead Trigger 2 | Read more »
Zynga Launches Brand New Farmville Exper...
Zynga Launches Brand New Farmville Experience with Farmville 2: Country Escape Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
David. Review
David. Review By Cata Modorcea on April 18th, 2014 Our Rating: :: MINIMALISTIC IN A DIFFERENT WAYUniversal App - Designed for iPhone and iPad David is a minimalistic game wrapped inside of a soothing atmosphere in which the hero... | Read more »
Eyefi Unveils New Eyefi Cloud Service Th...
Eyefi Unveils New Eyefi Cloud Service That Allows Users to Share Media Across Personal Devices Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
Tales from the Dragon Mountain: The Lair...
Tales from the Dragon Mountain: The Lair Review By Jennifer Allen on April 18th, 2014 Our Rating: :: STEADY ADVENTURINGiPad Only App - Designed for the iPad Treading a safe path, Tales from the Dragon Mountain: The Lair is a... | Read more »
Yahoo Updates Flickr App with Advanced E...
Yahoo Updates Flickr App with Advanced Editing Features and More Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
My Incredible Body - A Kid's App to...
My Incredible Body - A Kid's App to Learn about the Human Body 1.1.00 Device: iOS Universal Category: Education Price: $2.99, Version: 1.1.00 (iTunes) Description: Wouldn’t it be cool to look inside yourself and see what was going on... | Read more »
Trials Frontier Review
Trials Frontier Review By Carter Dotson on April 18th, 2014 Our Rating: :: A ROUGH LANDINGUniversal App - Designed for iPhone and iPad Trials Frontier finally brings the famed stunt racing franchise to mobile, but how much does its... | Read more »
Evernote Business Notebook by Moleskin I...
Evernote Business Notebook by Moleskin Introduced – Support Available in Evernote for iOS Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
Sparkle Unleashed Review
Sparkle Unleashed Review By Jennifer Allen on April 18th, 2014 Our Rating: :: CLASSY MARBLE FLINGINGUniversal App - Designed for iPhone and iPad It’s a concept we’ve seen before, but Sparkle Unleashed is a solidly enjoyable orb... | Read more »

Price Scanner via MacPrices.net

iMacs on sale for up to $160 off MSRP this we...
Best Buy has iMacs on sale for up to $160 off MSRP for a limited time. Choose free home shipping or free instant local store pickup (if available). Prices are valid for online orders only, in-store... Read more
iPad Airs on sale this weekend for up to $100...
Best Buy has WiFi iPad Airs on sale for $50 off MSRP and WiFi + Cellular iPad Airs on sale for $100 off MSRP on their online store for a limited time, with prices now starting at $449. Choose free... Read more
Apple restocks refurbished Mac minis starting...
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
Hyundai Brings Apple CarPlay To The 2015 Sona...
Hyundai Motor America has announced it will bring Apple CarPlay functionality to the 2015 Sonata. CarPlay is pitched as a smarter, safer and easier way to use iPhone in the car and gives iPhone users... Read more
Updated iPads Coming Sooner Than We Had Thoug...
MacRumors, cites KGI securities analyst Ming Chi Kuo, well-respected as an Apple product prognisticator, saying that Apple will introduce an upgraded iPad Air and iPad mini in 2014/Q3, meaning the... Read more
Toshiba Unveils New High And Low End Laptop M...
Toshiba has announced new laptop models covering both the high-end and low-end of the notebook computer spectrum. Toshiba 4K Ultra HD Laptop Toshiba’s new Satellite P55t features one of the world’s... Read more
Save up to $270 with Apple refurbished 13-inc...
The Apple Store has Apple Certified Refurbished October 2013 13″ Retina MacBook Pros available starting at $1099, with models up to $270 off MSRP. Apple’s one-year warranty is standard, and shipping... Read more
Apple now offering refurbished iPad mini with...
The Apple Store has Certified Refurbished 2nd generation iPad minis with Retina Displays now available starting at $339. Apple’s one-year warranty is included with each model, and shipping is free.... Read more
Microsoft Blinks – Drops Microsoft Office 365...
Microsoft has dropped the annual subscription fee for Microsoft Office 365 Personal – which is needed in order to create and edit documents in Microsoft Office for iPad. However, Apple’s iOS and OS X... Read more
New AVG Vault Apps for iOS and Android Help K...
AVG Technologies N.V. an online security company for 177 million active users, has announced the launch of its latest mobile application, AVG Vault. The free app introduces an innovative user... Read more

Jobs Board

*Apple* Automotive Parts Department position...
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, we Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**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* Retail - Manager - Holyoke - Apple I...
Job Summary Keeping an Apple Store thriving requires a diverse set of leadership skills, and as a Manager, you’re a master of them all. In the store’s fast-paced, Read more
*Apple* Retail - Manager - Apple (United Sta...
Job SummaryKeeping an Apple Store thriving requires a diverse set of leadership skills, and as a Manager, you're a master of them all. In the store's fast-paced, dynamic Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**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
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.