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Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

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Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#521
post #492

Earlier quoted context omitted.

Robbing homes has the disincentive of being illegal. What disincentive does this behaviour have?

Retaliation against the real parties in interest by the victims, destruction of the business reputation of anyone associated with this behavior and the reluctance of anyone else to implicitly condone it by doing business with them, causing outrage in Congress or the courts thereby spurring them to respond by making changes to the law that destroy the market value of a multi-billion dollar patent investment, ...

This is a possible disincentive, but it doesn't currently exist. Calling public outrage against patent abuse a disincentive is the same as calling changes to the current patent system a disincentive: they don't currently exist.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#522
post #417
post #346

Earlier quoted context omitted.

I'm unhappy with Apple and Microsoft too, but the real enemy is a broken patent system that creates the perverse incentives that motivate companies to launch lawsuits like this one, to the detriment of society. Regardless of who wins, we have already lost, because we have a patent system that discourages innovation and competition in software! Maybe the prospect of patent Armageddon will finally force lawmakers to ad…

This whole story brings on such a lugubrious feeling. I mean, I guess we can chalk it up to human nature, but, patent system aside: How did we ever arrive at the place where we believe that everyone else must lose in order for someone to win? How did we get to a point where we believe that we have to take from someone else's plate when there's more than enough to go around? How did we lose the vision that bringing th…

This isn't just a human problem, it is one that exists throughout nature. Cheaters, free riders, parasites; just a few names for the same idea: beings that benefit at the cost of others. The problem is that natural selection favours these cheaters.

The best we can hope for is to mitigate the effects of cheating. Attempts to completely stamp out cheating (such as the patent system) are doomed to failure.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#523
post #494

Earlier quoted context omitted.

This is the logical equivalent of, "don't hate the player, hate the game." And it holds about as much water. If any company in the world has the warchest to bow out of petty patent politics, it's Apple.

Apple and Microsoft were part of a consortium. Do we know that Apple was a ringleader here? Maybe they just are along for the ride to make sure that they weren't in the crosshairs?

We do know they are the ringleader as they own 58% of Rockstar.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#524
post #483
post #472

Earlier quoted context omitted.

Apple has been hostile to hackers for my entire lifetime. From suing makers of mac-compatible hardware, through refusing to license their iPod DRM to other sellers, and the unprecedented closedness of the iPhone walled garden, to the ludicrous design patent lawsuit against Samsung. They've always been the enemy of anyone who was paying attention, and this latest move is no worse than what they've done before. I'd lik…

"ludicrous design patent lawsuit against Samsung" You mean the one Google's lawyers told Samsung infringed on Apple's design? Right, ludicrous.

Lawyers just tell you whether a law applies to you, not whether it's ludicrous.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#525
For me this feels like it's the famed "Thermonuclear option" Steve Jobs alluded to: two of the biggest tech giants and their ilk conspiring to KO a competitor in one of the most cowardly ways possible. As one shouldn't make the assumption that Rockstar is looking to compete, Rockstar is looking to defeat. This all feels like instead of studying harder you pay off the schoolyard bully to go beat up that kid you don't like because he gets better grades than you do.

Rockstar is not just a patent troll, it's the Patent Troll King. It's much larger, and has vastly more financial backing, most notably from Apple and Microsoft. It's nearly invincible (as it can't be counter-sued). Plus the case is filed in Eastern Texas, known to side with patent holders. Both companies have much cash in their coffers, and both are feeling the heat from Android. For Apple, the high-end Android devices eat into their margins. While Apple still is very profitable, Android's break-neck pace forces them to come up with their own new features or risk looking dated, coupled with Android's often better-specced phones that are cheaper than the iPhone. Although brand loyalty is shielding Apple from large shifts, it can't afford to sit still. Microsoft on the other hand, is playing catch-up in Mobile after missing the boat miserably, and while the focus should be on making their own products better, they largely seem to have been industrious in harassing Android hardware manufacturers, plus employing some questionable PR-tactics to smear its competition. They'd both be relieved to see Android wither and die.

The tactic at the heart of the battle against Android seems to be the following: increasing Android Total Cost of Ownership by drowning it in patent licenses. This in an attempt to make it toxic to any OEM or potential Android partner (as they have to pay license fees, or could be sued to oblivion if they refuse), all in a bid to make Android less attractive (vis-a-vis e.g. Windows). I don't know the might of Android/Google, nor how much strength it'll need to face off against the now teamed arsenals of both Apple and Microsoft. If Rockstar can string Android up with enough patent licenses, OEMs will bail, developers will leave and Android revenues will dry up. It'll make a Windows license look cheap and safe in comparision. Then Microsoft can return to pointing and laughing at the open-source community, sit back and let their software rot once more as they just eliminated their direct competition. They'll have some air fist-fights with Apple to seemingly 'compete'.

What more is Rockstar than a hired gun they can sic on any software outfit that might prove competitive? What if Microsoft feels that Valve's SteamBox is getting a little too much traction for their comfort, why wouldn't they just send their bully after them? What if Ubuntu can cling on to some larger marketshare when it can smoothly switch between phone and desktop software? Why shouldn't Microsoft try and hobble innovative efforts by letting Rockstar make the developers' lives a living hell? It's more than sickening that some Microsoft/Apple fans are already reacting all indignant and holier-than-thou now that their patent lackey has a Nortel patent on search, as if Google stole web-search from them all along, and they only just noticed it.

What can counter Rockstar? At what point is this hulking giant too big for the market it's trying to disrupt? What stops this beast from going after any open source project that proves slightly popular? How can a developer rest easy at night, knowing that any day a Rockstar lawyer might be knocking on his/her door, and that financial ruin lies ahead? Whether by lawyer fees after a Pyrrhic victory or after being shut down because he/she was found to infringe on something so very basic a child of five years old could have figured it out? John Vesci himself said that 'Pretty much anybody out there is infringing', meaning that any company name that gets in their sights, they can take apart.

Is that furthering the sciences? Is that what passes for innovation nowadays? As a developer, this makes me sick to my stomach. But the system allows it, and there's been too much financial profitability to get this genie back in the bottle, so the odds of reform happening before this warhead hits are slim. Even if it were to happen, it'll be thoroughly undressed and defanged before being applied to any case worth its salt.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#526
post #521

Earlier quoted context omitted.

Retaliation against the real parties in interest by the victims, destruction of the business reputation of anyone associated with this behavior and the reluctance of anyone else to implicitly condone it by doing business with them, causing outrage in Congress or the courts thereby spurring them to respond by making changes to the law that destroy the market value of a multi-billion dollar patent investment, ...

This is a possible disincentive, but it doesn't currently exist. Calling public outrage against patent abuse a disincentive is the same as calling changes to the current patent system a disincentive: they don't currently exist.

I'm not sure what you mean by "don't currently exist" -- there is a general consensus that some form of patent reform bill is going to pass in the not too distant future:

https://www.eff.org/issues/current-legislative-proposals-pat...

By launching the mother of all trolls to the disgust of the industry at large, they're adding fuel to the fire and making it more likely that stronger anti-troll legislation will pass. Certainly you can expect Google to dump several million dollars more into lobbying for it now. But if that legislation passes and decimates the weaponization capacity of the patent arsenal they just paid billions of dollars for, they've just wasted billions of dollars.

Similarly, the general consensus here seems to be that what they're doing is totally unacceptable. Here where we have the people who choose which platforms to develop for, whose choices collectively make or break those platforms. Yesterday if you had a choice between hiring an extra developer to develop a Windows Phone version of your app or using the money to improve or advertise the Android version, you were more likely than you are today to do the thing that benefits Microsoft. Similarly, if you're Samsung or Asustek or Huawei and Microsoft has just loosed the troll upon you, well, good luck trying to negotiate favorable terms for any of them to ship Microsoft technology in any of their products.

And on top of all of that, how can they not expect Google to respond? If you start a war you can expect the other side to return fire. Maybe not in kind (by setting loose their own patent trolling entity), or maybe they will, but one way or another it's not like Google is incapable of striking back. What happens when they throw a billion dollars into WINE and Samba? Or add support for Kerberos, LDAP and Group Policy to the Google API so that companies don't need Windows domain controllers anymore? Doing things like that probably wouldn't move the needle on Google's bottom line, but it would stab Microsoft in the face. Which is what happens when you make enemies.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#527
post #61

It's a little early to say for sure, but I predict this will do more to hurt Apple's reputation in the tech community than anything they've done before. And that is not a good community to alienate. I would not be surprised if they look back on this move one day and feel that they ended up net worse off as a result. Apple used to be careful not to alienate hackers. And Microsoft has been gradually digging itself out…

This may be true, but let's not get fooled into thinking that because "they" are the enemy, Google must be our friend. Google is playing a very dubious game here, and it has nothing to do with being on "our" side of the patent issue. They've tried to buy the same patents, refused to participate in a joint effort to safeguard those patents for all, and then knowingly violated those patents. All through this, they've b…

There are no "good guys" in this conflict, no sides any of us should be on.

You're mistaken. It is we, the public, that are the good guys. Whatever Google's motives are does not matter. What matters is the outcome and how that impacts the public and the future of innovation.

Right now, it is pretty clear to many observers that the system is broken and having a very negative impact on innovation, competition and the public. The legal and R&D costs associated with patents are inevitably passed on to the public.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#528
post #497

At my last job, 15 years ago, I was granted four patents. I also got a fancy engraved plaque for each one. I've since moved, and those plaques sit in unpacked boxes. My wife has occasionally pressed me to hang then up like I used to, when we both saw them as a point of pride. I have trouble explaining to her why they're an embarrassment to me now, and that I'm not showing them off. I'll be happy when I see they've ex…

If you're aware of anyone being strong-armed with your patents you could make amends with your conscience by offering to consult with them to help them workaround or invalidate them.

Re: Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google

#530
post #346
post #61

It's a little early to say for sure, but I predict this will do more to hurt Apple's reputation in the tech community than anything they've done before. And that is not a good community to alienate. I would not be surprised if they look back on this move one day and feel that they ended up net worse off as a result. Apple used to be careful not to alienate hackers. And Microsoft has been gradually digging itself out…

I'm unhappy with Apple and Microsoft too, but the real enemy is a broken patent system that creates the perverse incentives that motivate companies to launch lawsuits like this one, to the detriment of society. Regardless of who wins, we have already lost, because we have a patent system that discourages innovation and competition in software! Maybe the prospect of patent Armageddon will finally force lawmakers to ad…

Guns don't kill people. People with guns kill people.

Apple does not have to participate in this. They chose to cause they anti-competative to the bone.

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