I wonder what impact the HTC suit is having on the 2.1 Update

Discussion in 'Android General Discussions' started by hippyfish, Mar 9, 2010.

  1. hippyfish

    hippyfish New Member

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    Especially when you read an article like this one:

    The Behind The Scenes Story Of Apple's HTC Lawsuit

    The quote I found interesting was: "Says Yanir, "We believe a lot of software and hardware is being sent back to engineering departments for work-arounds."

    Everyday I get closer and closer to pulling the trigger on rooting. Still not sure why I haven't done it yet.
     
  2. hemi-droid

    hemi-droid New Member

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    This link to a summary of the 20 patents in question conjures an image of the prosecuting attorney making his case in court:

    "Does the Droid violate patent no. 7,xxx,xxx?"

    <attorney swipes to unlock a Droid.>

    "Droid Does."

    "Does the Droid violate patent no. 7,yyy,yyy?"

    <attorney pulls down the notifications page on a Droid.>

    "Oooh. Droid DOES!"

    "Does the Droid violate patent no. 7,zzz,zzz?"

    "Droid does!"

    ...and so on.

    Of course, a first-blush look at patents in a situation like this is far from definitive. Many specific details come into play. But the OP's speculation seems to at least be plausible.
     
  3. cereal killer

    cereal killer Administrator
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    Even more alarming is this statement.

    "Post-lawsuit, handset makers are wondering if Android is the best way to topple Apple."
     
  4. dezymond

    dezymond Tech Support Mod
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    Apple is putting all these lawsuits on Google cause they see how much of a "game changer" Android has become.
     
  5. 1linuxfreak

    1linuxfreak Member

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    Sounds like Jay Yarow is either a Apple fan boy or Micro$oft , and has a grudge with Google .
    While there is probably some truth to the fact we are not seeing 2.1 because of the lawsuit . Shame to cause I was reeeealy looking forward to some of the features 2.1 has . :motdroidvert:
     
  6. pc747

    pc747 Administrator
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    You can patent a name but I doubt you can patent an idea. Example is the copy machine. HP can make one but the cant call it the "xerox machine", but it does the same thing. Apple can not say that another device can not perform similar functions. They can prevent the use of the same name. I think it is a bogus and b.s lawsuit. This lawsuit is turning my respect for apple into disdain.
     
  7. butch350

    butch350 Member

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    example

    swype - slideit
     
  8. unkilbeeg

    unkilbeeg New Member

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    Um. No. You're talking about trademark. Trademark has to do with names and symbols.

    A patent is something completely different. A patent protects a *method* of doing something. In a sense, it *does* protect a idea, although strictly speaking it really protects the method of accomplishing that idea. If you can come up with a different way of accomplishing the same goal, you can get around the patent, but only if there really is another way to do it.

    All that said, patents have several tests they have to pass before they are legitimately patentable, and most software patents fail those tests. Unfortunately, the Patent Office has done an incredibly poor job of applying those tests, so a lot of ridiculous patents have been granted.

    An algorithm cannot be patented, and pure software is essentially just an instantiation of an algorithm. A patent must be "non-obvious" and a lot of software patents have to do with common functions that some "inventors" just added the words "on a computer" and gotten the Patent Office to approve them. A patent has to be new, so a method that has been in use prior to the granting of the patent should not be eligible for the patent. But the Patent Office frequently does not have the manpower to adequately check for prior art, so a lot of those patents get granted as well.

    I don't know the state of the Apple patents. There's a good chance that they are bogus, but they have been *granted* and that puts them in a pretty strong position. Bad patents can be overturned, but it's very difficult to do and expensive if it can be done.
     
  9. RW-1

    RW-1 Silver Member

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    That is the heart of the issue, a broad based patent on something that is so widely in use, that it is most likely that it will get thrown out on that factor.

    I can't patent waving my hand from side to side from the elbow, but if approved, I'm sure something would happen if I were suing others to stop waving from the elbow...
     
  10. Bob Dammit

    Bob Dammit Super Moderator

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    The biggest impact was the HTC 2.1 update being "leaked" within 6 hours of the lawsuit story breaking. Reading Apples claims, I see where a couple of the claims seem to be valid, but many of them are broad claims to patents that never should have been granted. It will be a long time in court, and some things will have to change, and I have a feeling some patents will be changed over this. IIRC, an inventor only has to make a set number of changes to a patent (7 sticks in my head) before they can claim the idea as their own, and apply for a patent.
     
  11. deputc26

    deputc26 Member

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    This is just a distraction tactic by apple to throw a wrench into the rapidly developing android machine, it will be years before we see a settlement of this case but I've no doubt that it is causing HTC to take a second look at stuff which likely just wastes their time and gives apple a temporary advantage.
     
  12. DurangoJim

    DurangoJim Member

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    I would not be surprised if two things come from this:
    1. The manufacturers and Google still go ahead with their plans to make and update whatever they were doing before the lawsuit becuase this will take years to decide
    and
    2. Manufactures tell Google that if Google wants them using Android Google will have to pay 50% or greater of their legal fees in the future should they be sued by Apple over these patents.

    I doubt seriously than manufacturers are going to drop Android due to fear of possible lawsuits. After listening to the Engadget podcasts regarding this subject, it seems that many of Apple's patents are far too broad to prevent Google or anyone else to use similar actions (slide to lock being an example) and also unless a judge issues a cease and decist order things should be business as usuall.