Rant: I Hope Apple Wins The Patent Wars

Those brilliant Apple idiots just got a new patent victory. And you know what? Good for them! Good for you too, Android users included. I hope they win all of their wars, because that would be good for all of us.

This article is an Op-Ed rant from Gizmodo US, not Giz AU. Agree? disagree? Let us know in the comments.

What’s the ban

A Dutch court has banned all trading of Samsung Galaxy S, Galaxy S II and Ace across most countries in Europe. Samsung’s primary European distribution hub is in the Netherlands. Effectively, this will shut down most of their European distribution unless the company modifies its logistics.

The judge thinks that Samsung has violated the method for swiping through a photo gallery. Samsung has already said that the photo-browsing conflict can easily be solved with a modification, a statement that basically validates Apple. Why didn’t Samsung implement this modification in their browsing photos system if they knew it was a copy of Apple’s method from the beginning?

Because they are a cheap bag of lazy, unimaginative bastards, that’s why. And that makes us mad.

True invention vs lazy mothers

When he introduced the iPhone, Steve Jobs said they had patented the hell out of it, and rightly so. I’m sure that, of those patents, there are a lot that could be challenged in court. But there are many others, like the ones above, that can’t be challenged because Apple actually invented them from scratch. Something like unlocking the screen by dragging an unlock image may seem trivial to you, but someone had to come up with the idea in the first place. And, there are hundreds, perhaps thousands of little things like that that Apple put into the first iPhone that nobody thought about first.

And those little things, that whole set of ideas and methods, is one of the reasons why the iPhone was a raging success. Love them or hate them, by inventing all these codes Apple implemented a new language that has quickly become embedded into our minds and lives. It’s so good, so intuitive and natural, that we all have adopted it without even thinking about it. That includes Apple’s rivals.

Those rivals, like Google, Samsung, or HTC, just said “oh f**k this, let’s all do the same” and came up with devices that are mostly copies of what Apple put out in their first iPhone. Sure, they added some stuff of their own and sure, Apple’s user interface has some aspects that are not original. But mostly the iPhone’s competitors are clones that show no imagination, no better ways to do things.

We need new, better things

Because yes, there are better ways to do things. Or at least different ways. You only have to come up with them. Look no further than Microsoft Windows Phone 7. The vilified Redmond company actually had the imagination and the balls to make something different. And, in that process, they actually came up with better ideas than Apple’s.

That’s good for everyone. It introduces diversity, new methods, evolution. That, as someone who loves brilliant technology, excites me. You should be excited too. And you should hope that Apple wins all these patent wars against the lame and lazy. Because that would mean they’ll all have to do something new to beat Apple at their own game.

So yes, go Apple lawyers team go! — in a f**k-you kind of way. [Foss Patents and de Rechtspraak]

Discuss

(89 Comments)
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  • [–]

    BenDTU

    Thursday, August 25, 2011 at 7:07 AM

    Here here!

    I look at WP7 and think “Yeah, this wouldn’t exist if it weren’t for the patent system”. I’m seriously considering shifting after my contract is up on my iPhone.

    • [–]

      warcroft

      Thursday, August 25, 2011 at 7:21 AM

      Do it.
      DO IT!

  • [–]

    hound

    Thursday, August 25, 2011 at 7:14 AM

    *Raises fist to chest*

  • [–]

    David

    Thursday, August 25, 2011 at 7:21 AM

    What a joke of an article -_-…

    I could go on a rant quoting all the thing apple have copied to make the iphone…But just feels now like i would be arguing with a fan boy leh sigh.

    • [–]

      Andrew Simmonds

      Thursday, August 25, 2011 at 8:14 AM

      I agree, interesting that the only patent mention is one that in Australia is about to be thrown out for prior art, i.e. Apple copied it.
      Software patents should not last for 20 years, 3 should be enough and if you haven’t made oodles of profit by then, which Apple has, too bad.

      • [–]

        Wok

        Thursday, August 25, 2011 at 11:33 AM

        3 Months.

        • [–]

          Martin

          Thursday, August 25, 2011 at 8:16 PM

          Software shouldn’t be patentable…

          It’s just insane that a corporation can patent a method for browsing a photo gallery or unlocking a phone…

          Go ahead and patent the shit out of hardware, but software should be fair game… As long as there’s no plagiarism let them do what they want, after all isn’t the best form of flattery imitation? Apple are essentially saying “F&%K OFF AND LEAVE US ALONE, WE WANT TOTAL CONTROL OF THE SMARTPHONE MARKET AND WILL SUE ANYONE THAT USES A CONCEPT THAT IS REMOTELY SIMILAR TO OURS!”.

          But in the same sentence I will agree that Samsung rocked the boat, when I first fired up my Galaxy S all I could think about was how much the interface looked like iOS… and promptly set about putting a custom ROM without Samsung’s TouchWiz UI.

  • [–]

    Max

    Thursday, August 25, 2011 at 7:33 AM

    Holy shit. I don’t even know what to say to this.

    This is honestly the most moronic article I’ve ever read at Gizmodo… and considering the average quality of articles here (or at least the ones originating from the U.S. site), that’s saying something.

    • [–]

      Sam

      Thursday, August 25, 2011 at 7:50 AM

      I’d have to agree that this is the kind of quality article you would expect from a primary school kid. Stamp it “Biased Opinion” before you post crap like this again.

      • [–]

        Cameron

        Thursday, August 25, 2011 at 8:39 AM

        Need tag filters, anything from the US site, tagged “biased” filter out!

      • [–]

        DarkAura

        Thursday, August 25, 2011 at 8:46 AM

        . This comment has been deemed inappropriate and has been deleted.

  • [–]

    Kris

    Thursday, August 25, 2011 at 7:34 AM

    I’m going to patent the way I tie my shoelaces. What a joke.

  • [–]

    William

    Thursday, August 25, 2011 at 7:36 AM

    Not worth the read. #Bias

  • [–]

    Johnny P

    Thursday, August 25, 2011 at 7:44 AM

    The author is correct. The only reason android/htc/samsung has taken off is the blatant copying of Apple hardware and software. When the original iphone came out the best alternative phone was the N95 8GB. A good phone in its own right but you dont see that style anymore everybody is copying Apple.

    • [–]

      glennc

      Thursday, August 25, 2011 at 9:19 AM

      so what you are saying is apple invented the no-buttons-on-front thing did they? phones and tech were evolving to the point where touch-screens were affordable. there were phones like that before apple, i am sure LG Prada was before iphone.

      take your insane fanboy crap and go hang out with the idiot that wrote this article.

    • [–]

      klaw81

      Thursday, August 25, 2011 at 9:38 AM

      @Johhny P: You’re as poorly informed (or wilfully ignorant) as the author.

      Long before the iPhone was ever realeased, I was using WM touch-sceren mobiles that were far more advanced than an N95. They had a few buttons on the front but they were essentially touchscreen slate devices.

      I know this post is just troll-bait, but I can’t believe anyone actually believes this crap.

      Yes, Apple popularised the touchscreen slate phone design, but they didn’t invent it.

      • [–]

        zahli

        Thursday, August 25, 2011 at 10:07 AM

        plus 1, best opening line to boot.

    • [–]

      Ash

      Thursday, August 25, 2011 at 11:14 AM

      Still have my N95 8GB. Damn straight it was probably one of the best (if not THE BEST) non-touch screen competitor to the iPhone at the time. Still love it. Still have it.

  • [–]

    MDolley

    Thursday, August 25, 2011 at 7:45 AM

    I find the mention of WP7 interesting, considering that iOS5 has directly copied camera functionality from that platform. I also believe that some of that functionality is patented. Would love to see what Jesus has to say if Microsoft successfully sue Apple over it.

    • [–]

      warcroft

      Thursday, August 25, 2011 at 9:03 AM

      Microsoft and Apple dont sue eachother.

      • [–]

        MDolley

        Thursday, August 25, 2011 at 9:13 AM

        I know, but I can still dream. Imagine the reactions from people like Jesus Diaz if the magical iPhone was found to copy something from dull old Microsoft.

  • [–]

    r0gue

    Thursday, August 25, 2011 at 7:46 AM

    What a stupid article.
    You really think Apple invented all of this stuff?
    Perhaps you should of read the case better, because of all the patent complaints Apple put forward, only one turned out to be feasable, the rest were proven to be done long before the first iPhone.

    http://phandroid.com/2011/08/24/samsung-slide-to-unlock-patent-infringement-claim-is-invalid-gallery-application-will-be-replaced-in-the-future/

    • [–]

      Andrew

      Thursday, August 25, 2011 at 8:24 AM

      That article seems to have a lot more facts and far less opinion.. (it didn’t come with emotive fanart either). I like the bit where the judge sites the LG Prada as prior art invalidating the iPhone 4′s trade dress claim.
      http://www.smh.com.au/ffximage/prada_wideweb__470x347,2.jpg

  • [–]

    Harvz

    Thursday, August 25, 2011 at 7:48 AM

    Those rivals, like Google, Samsung, or HTC, just said “oh f**k this, let’s all do the same” and came up with devices that are mostly copies of what Apple put out in their first iPhone.

    was this story just put out for link bait?
    im relly like the stories in au giz but the american shit seems to getting worse and worse

    • [–]

      Jackson Bison

      Thursday, August 25, 2011 at 7:55 AM

      im relly like your spelling.

      • [–]

        Max

        Thursday, August 25, 2011 at 8:09 AM

        Spelling aside, he makes a good point. The Australian content here is still top notch, but it’s pretty much the only reason I still visit the site. The U.S. articles keep getting worse and worse, and it’s getting to the point where there are more bad ones than good ones.

  • [–]

    EckyThump

    Thursday, August 25, 2011 at 7:51 AM

    Jesus,… You wouldn’t happen to be an Apple fanboy would ya…!

    • [–]

      Rhys

      Thursday, August 25, 2011 at 7:56 AM

      Or just a bloody idiot? I swear more and more idiotic articles are published every week. But more to the point I think that they don’t have much to publish so they borrow this crap from gizmodo US.

      …Well I hope this isn’t Australian made.

  • [–]

    r0gue

    Thursday, August 25, 2011 at 7:56 AM

    What’s also interesting to note, is Apple has stated they will be implementing a slide down notification bar in the future.
    A slide down notification bar sounds very familiar (Ala Android).
    Yeah Android is copying Apple for sure *cough*.

  • [–]

    Critta

    Thursday, August 25, 2011 at 8:08 AM

    Apples biggest initial interest grabber for their media players – the scroll wheel was bought out from “Creative”. Their initial game changer was not through their innovation, but through buying power

    • [–]

      Richard

      Thursday, August 25, 2011 at 7:22 PM

      And? Sometimes recognising and following through with the good ideas is more important than actually having the idea to begin with. Anyone can and likely will have a million dollar idea in their lifetime, its those that follow through with it that are remembered.

      If Creative did in fact have the original idea and gave it away then Kudos to Apple for taking advantage of it.

  • [–]

    Andrew

    Thursday, August 25, 2011 at 8:08 AM

    Siding with anyone in these cases makes you look like a fool. It’s as if the author actually wants to see the hobbling and destruction of the entire industry, something I thought tech bloggers would want to avoid at all costs. (but then again, fanboyism isn’t rational).

    Watch these vids:
    Patent Absurdity: how software patents broke the system: http://patentabsurdity.com/
    Everything is a Remix: http://www.everythingisaremix.info/watch-the-series/

    It’s actually a very sad day for innovation and software evolution. Fortanately, this relatively minor concession also came with another Apple patent being invalidated in the same ruling. Samsung will be shipping without any delay. It’s also worth of note that the ‘infirngment’ only applies to the default image viewing app in Android 2.3 and that 3.0 has already been cleared of the same ‘infringment’.

    While we’re at it, didn’t Apple just blatently copy the Andriod notifications system for the upcoming iOS 5?? I guess they are lazy mothers for not innovating.

    • [–]

      Andrew

      Thursday, August 25, 2011 at 8:22 AM

      correction: 9 other Apple patents were invalidated in the ruling. 1 out of 10 aint bad, right?

  • [–]

    maban

    Thursday, August 25, 2011 at 8:15 AM

    This article is very biased, a lot of the complaints apple had no basis in reality and the iphone has borrowed a fair amount of ideas from others. i think patents in America have gotten a bit out of control.

  • [–]

    lol

    Thursday, August 25, 2011 at 8:15 AM

    Is this even classified as tech news??? Yawn. Seriously does anyone give two shits about Apple’s patents??? This troll is just mad cause Samsung won the court case

  • [–]

    aw123

    Thursday, August 25, 2011 at 8:18 AM

    “Because they are a cheap bag of lazy, unimaginative bastards, that’s why.”

    you retard. samsung didn’t make the gallery it’s the stock 2.3 gallery from android.

    have you ever even used it? it is nothing the same, the only violation is the way that a photo bounces and beyond that the only similarity is you use it to view photos.

    Gizmodo just got a massive loss of credibility after this article. Get off your soapbox and learn to write a decent article you wanker.

  • [–]

    Jamin

    Thursday, August 25, 2011 at 8:19 AM

    Unbelievable… for your info Apple only won 1 patent violation in the Netherlands, and one was ruled invalid entirely.

    But apple definitely did just copy most of its new features straight from Google. Wireless sync, notification bar, Newsstand, twitter integration. All of which have been on android for a very long time.

  • [–]

    Cameron

    Thursday, August 25, 2011 at 8:22 AM

    What the hell is this crap doing making it to the Australia site? I thought there was editorial control from the Australian side to prevent mindless dribble like this from being published? Or is this the kind of content we can expect to read at gizmodo.com.au?

    • [–]

      r0gue

      Thursday, August 25, 2011 at 8:28 AM

      Sad isn’t it, I used to really like reading Giz, but these poorly researched, heavily biased articles starting to come through really leave a sour taste.

  • [–]

    Dave

    Thursday, August 25, 2011 at 8:26 AM

    This comment has been deemed inappropriate and has been deleted

  • [–]

    Roland

    Thursday, August 25, 2011 at 8:28 AM

    love it… everyone in Aussie Giz loves an Apple bashing, but when it’s on the other foot everone screams bias and blue murder… suck it up princesses.

    • [–]

      Robert

      Thursday, August 25, 2011 at 8:42 AM

      Yup, a fantastic day for Apple. 9 of their patents were invalidated.

    • [–]

      TC

      Thursday, August 25, 2011 at 8:57 AM

      Strip this article down and I think the author is just trying to make the point that these court cases could incite some healthy guerilla style innovative R&D…

      Let’s make this world and the tech we use BETTER people!

    • [–]

      Dane

      Thursday, August 25, 2011 at 9:48 AM

      There seems to be a large up-swelling against apple in the giz comments for the last year now. Not sure what attracted all of the haters to start commenting but my god, they’re relentless these days. Like commenting on an blog post has ever done anything to solve the world’s problems.

      The way I see it is that prior to the iPhone, no one thought that an entirely touch-based UI could give a user experience that was on par with or better than the current smart phones. You only need to look back at the comments complaining about the lack of a physical keyboard when it was first released. What Apple did was to put together and create all of the elements that made a touch UI a desirable and enjoyable way to use a smartphone. They then wrapped the hardware up in their recognisably minimalist case design and people have been buying them like crazy ever since.

      Did the other handset makers copy Apple to some degree? Of course they did, otherwise we would’ve had touch-screen phones as soon as the technology became viable. Have patents helped innovation? Of course they have as they require the manufacturer to at least consider their designs at risk of being sued. Then, if they think of something clever it can be patented, spurring competitors’ innovation further.

      Basically, I think we should all stop caring so much about these multi-million(billion) dollar companies. As if they care when we, the consumer, get ourselves into trouble.

      • [–]

        Ted

        Thursday, August 25, 2011 at 12:27 PM

        I think it’s more of an up-swelling against Apple fanboy articles on this site, not so much the company itself.

        • [–]

          Dane

          Thursday, August 25, 2011 at 5:12 PM

          Most giz articles about Apple are pretty cynical and it is surprising to see a purely fanboy article. This one is a doozy though, so perhaps it was published to even out the overall bias.

  • [–]

    Fred

    Thursday, August 25, 2011 at 8:39 AM

    And I just stopped reading Giz. What a shit article.

  • [–]

    Trace

    Thursday, August 25, 2011 at 8:47 AM

    The Apple fanboyism is getting out of control. That aside I think everyone is just taking Steve Jobs’ favourite quote and running with it as well! “Good artists copy, great artists steal”
    Whatever happened to his “revolution” theory? Apple has finally pulled it off and he is being a right c#n7 about it. Whatever happened to doing it all for fun or “Dont be Evil”. I guess that goes out the window when you make a couple of billion $

  • [–]

    olearymo

    Thursday, August 25, 2011 at 8:47 AM

    So… how are you meant to swipe images without swiping them?

    Are we really to believe Apple ‘invented’ the concept of pushing from one side of the screen to the other to move a photo from right to left and bring a new photo on?

    Did they also invent pressing a button?!

    Sure, the swipe to unlock thing, I can concede that’s a patentable, defendable bit of intellectual property. It does seem trivial but it hadn’t been done before, so there you go.

    But… bloody hell! What’s with this ‘article’? Did Jesus Diaz get *paid* to write it?

    I agree with his general sentiment. Real innovation is better than copying.

    But to say that Apple is the father of real innovation, while using examples that it didn’t freaking invent… what is he smoking?

    • [–]

      EckyThump

      Thursday, August 25, 2011 at 8:54 AM

      On fire dude! #]

    • [–]

      Andrew

      Thursday, August 25, 2011 at 9:02 AM

      ‘Swipe to unlock’ was invalidated due to prior art.

  • [–]

    Marcel

    Thursday, August 25, 2011 at 8:47 AM

    Moronic article, Samsung didn’t bother to change it because people get familiar with doing something one way and generally expect it to be that way everywhere!

    If I had a dollar for every blog post I have seen from people saying “why can’t you (company a) do x more like company b” I’d be rich.

    Users in many cases like familiarity. Windows Phone 7 innovates? Really? Someone smoking crack at Gawker today? I used Win Phone 7 and thought it was awfully ordinary.

    Android is so much more functional than Apple, Jesus stop writing stupid articles, please, just because you can draw doesn’t mean you have to make up stupid articles to go with them.

    • [–]

      Rhys

      Thursday, August 25, 2011 at 8:51 AM

      Haha love it!!! “just because you can draw doesn’t mean you have to make up stupid articles to go with them.”

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