Google responds to Apple’s HTC lawsuit: ‘We stand behind our Android operating system’

We were wondering when Google would have something to say about Apple’s patent lawsuit against HTC, since the majority of the claims appear to implicate Android itself, and while the knives aren’t out yet, we just got a short-but-sweet statement from a spokesperson:

“We are not a party to this lawsuit. However, we stand behind our Android operating system and the partners who have helped us to develop it.”

We’re quite curious to see whether this means Google will contribute money and/or manpower to HTC’s legal defense — we’d bet we’ll see some of Eric Schmidt’s crew at the table when this thing finally hits a courtroom. In related news, HTC ‘s posted up a short, more formal version of the statement we received yesterday, saying that it “believes that consumer choice is a key component to success in the smartphone industry,” and that it doesn’t think the suit “poses a short-term material impact to its business.” That makes sense, seeing as it’ll be weeks before HTC even files a response to the suit, and months — if not years — before it’s resolved. We’ll see how it goes.

Google responds to Apple’s HTC lawsuit: ‘We stand behind our Android operating system’ originally appeared on Engadget on Wed, 03 Mar 2010 11:23:00 EST. Please see our terms for use of feeds.

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Apple vs HTC: a patent breakdown

Apple suing HTC over 20-odd patents before both the US District Court and the International Trade Commission has certainly caused some chaos this morning, but we thought we’d take a quick breath now that we have the complaints and tease out exactly what patents are at stake here. Of note, most of the patents were granted in the past year, but overall they span a range from 1995 to February 2. Yes, last month. That’s a pretty big gap, and most of the patents are pretty dry and technical — and none of them cover anything like pinch-to-zoom. In fact, you might remember #7,479,949, “Touch screen device, method, and graphical user interface for determining commands by applying heuristics” — we blew apart the myth that it was Apple’s “multitouch patent” back when Cupertino was making noise about Palm. It’s impossible for us to say exactly how this case is going to play out — just like the Apple / Nokia lawsuit, it could settle tomorrow, or it could last for 10 years — but what we do know is that Apple’s going after Android as much as it’s going after HTC. Some of these patents are from 15 years ago and cover OS-level behavior, so it’s hard to see how they can relate only to HTC’s implementation of Android and not Google’s OS as a whole. Yeah, it’s wild, and while we’re not going to blow out all 20 patents to sort out what they mean — not yet, anyway — we can certainly walk through the claims. Let’s see what we’ve got.

Continue reading Apple vs HTC: a patent breakdown

Apple vs HTC: a patent breakdown originally appeared on Engadget on Tue, 02 Mar 2010 15:09:00 EST. Please see our terms for use of feeds.

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Apple specifically going after Android in HTC lawsuit

There’s no delicate way to put this: at least part of Apple’s patent lawsuit against HTC appears to be a proxy fight for a larger issue with Android as a whole. Apple’s complaint with the International Trade Commission makes an explicit distinction between HTC’s Android devices and its WinMo phones (referred only to as “DSP Products”), and the Android sets are repeatedly called out for infringing certain patents. We don’t know exactly what Apple’s issue is yet — the problem could be the specific way HTC implements Android, rather than Android itself — but it’s certainly a big shot across Google’s bow. We’ll keep reading and let you know what else we find out.

Update: We’ve gone through each of the patents in both lawsuits and we’re more convinced than ever that this lawsuit is really about Android, not HTC. Check here for the full rundown.

Apple specifically going after Android in HTC lawsuit originally appeared on Engadget on Tue, 02 Mar 2010 12:06:00 EST. Please see our terms for use of feeds.

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Apple sues HTC for infringing 20 iPhone patents

Looks like Apple’s going on the warpath, kids. Just a few months after Cupertino got into it with Nokia over phone patents, Apple’s filed suit against HTC, alleging that the company is infringing 20 patents “related to the iPhone’s user interface, underlying architecture, and hardware.” Steve, you have something to say?

“We can sit by and watch competitors steal our patented inventions, or we can do something about it. We’ve decided to do something about it,” said Steve Jobs, Apple’s CEO. “We think competition is healthy, but competitors should create their own original technology, not steal ours.”

Okay then. We’re pulling the complaint filing now, we’ll let you know the exact details as soon as we learn them.

Update: HTC just gave us a statement — this is apparently coming totally out of the blue for them, since Apple hasn’t even served the complaint yet.

We only learned of Apple’s actions based on your stories and Apple’s press release. We have not been served yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years.

Update 2: We mean it when we say this was all just filed in the past few hours — it’s not yet in the court’s systems. We just got the PDFs and put the full list of claims from the federal lawsuit below, but remember not to take the names of the patents literally or directly, since they don’t mean much. We’ll poke each one apart and tease out what’s really at stake as we go along.

[We’ve now looked at each and every patent in both cases in-depth — check it out here.]

Update 3: We’ve just learned that Apple submitted over 700 pages of exhibits to the District Court, which is a little nuts. In addition, the ITC complaint lists a number of specific HTC handsets as exhibits, including the Nexus One, Touch Pro, Touch Diamond, Touch Pro2, Tilt II, Pure, Imagio, Dream / G1, myTouch 3G, Hero, HD2, and Droid Eris. That’s really a full range of HTC phones, running both Android and Windows Mobile, with and without Sense / TouchFLO. Interestingly, the Android sets are specifically included because they run Android, while the WinMo sets are called out specifically for including DSP chips, not anything to do with Windows Mobile.

Apple sues HTC for infringing 20 iPhone patents originally appeared on Engadget on Tue, 02 Mar 2010 11:38:00 EST. Please see our terms for use of feeds.

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Google claims that Microsoft is encouraging third party anti-trust lawsuits

Microsoft certainly knows a thing or two about anti-trust suits, and if the kids at Google are to be believed the company is waging something of a proxy war on them by injecting itself in lawsuits and complaints brought up by third parties. As Google spokesman Adam Kovacevich told The Wall Street Journal, “our competitors are scouring court dockets around the world looking for complaints against Google into which they can inject themselves, learn more about our business practices, and use that information to develop a broader antitrust complaint against us.” Of course, Microsoft claims that this is mere bosh, saying that it’s neither initiated nor is it funding anti-trust lawsuits from small companies like TradeComet.com or myTriggers.com — the latter of whom is being represented by Charles “Rick” Rule, Microsoft’s chief outside counsel on competition issues. Then again, if we remember correctly Ciao — the European online shopping portal — didn’t have any problems with how Google did business until they were snatched up by Microsoft recently. Coincidence? Inevitable? Both? We can’t say, but things are sure to get interesting.

Google claims that Microsoft is encouraging third party anti-trust lawsuits originally appeared on Engadget on Mon, 01 Mar 2010 18:43:00 EST. Please see our terms for use of feeds.

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If you throw away your console, the terrorists have won


In one of those fun, yet uncomfortable, instances where real life and video games interact, Fox News has uncovered a dusty (and old, very old) PlayStation controller during a raid of an Afghanistani farmhouse, which doubled up as a munitions depository. Lying there, in among rockets, grenades, plastic explosives and tank shells, was this humble blue-hued PlayStation appendage, which we’re told can be rewired to act as a remote detonator. Should you question just how seriously the US government is taking this growing tide of console-aided terrorism, below you’ll find a press release (seriously, a state-issued press release) detailing the detainment of four men in connection with the illegal transportation of digital cameras and PlayStation 2s to a “terrorist entity” in Paraguay. If convicted of the most egregious charge, they face 20 years in prison… for contraband consoles. Face, meet palm.

Continue reading If you throw away your console, the terrorists have won

If you throw away your console, the terrorists have won originally appeared on Engadget on Mon, 01 Mar 2010 04:52:00 EST. Please see our terms for use of feeds.

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Apple supplier audit reveals sub-minimum wage pay and records of underage labor

Apple’s famous desire for total control over its operations seems to have extended to its manufacturing facilities as we’ve come across Cupertino’s Supplier Responsibility 2010 Progress Report, which details audits the American company has done of its overseas suppliers and the failures identified therein. The findings are pretty damning on the whole, with more than half (54 percent) of all factories failing to meet Apple’s already inflated maximum 60-hour work week, 24 percent paying less than the minimum wage, 37 percent failing to respect anti-discrimination rules, and three facilities holding records of employing a total of eleven 15-year olds (who were over the legal age of 16 or had left by the time of the audit). Apple is, predictably, not jazzed about the situation, and has taken action through train-the-trainer schemes, threats of business termination with recidivist plants, and — most notably — the recovery of $2.2 million in recruitment fees that international contract workers should not have had to pay.

It should come as no shock to learn that cheaper overseas factories are cutting illegal corners, but it’s disappointing to hear Apple’s note that most of the 102 audited manufacturers said Cupertino was the only vendor to perform such rigorous compliance checks. Still, we’ll take what we can get and the very existence of this report — which can be savagely skewed to defame Apple’s efforts (as demonstrated expertly by The Daily Telegraph below) — is an encouraging sign that corporate responsibility is being taken seriously. We hope, wherever your geek loyalties and fervor may lie, that you’ll agree Apple’s leading in the right direction and that its competitors should at the very least have matching monitoring schemes. They may have to swallow some bad PR at first, but sweeping up the dirty details of where gadgets come from is juvenile and has no place in a civilized world. Hit the source link for the full report.

Apple supplier audit reveals sub-minimum wage pay and records of underage labor originally appeared on Engadget on Sat, 27 Feb 2010 21:53:00 EST. Please see our terms for use of feeds.

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Google executives found guilty of violating privacy of student bullied on video

Hold tight kids, internet privacy laws just got flipped upside down. An Italian judge found three Google executives guilty of violating the privacy of an Italian student who was bullied in a 2006 video posted on Google Video. The video resided on the site for two months before it was brought to Google’s attention and pulled. None of the executives were involved in any way in the making of the abhorrent video. Nevertheless, Italian judge Oscar Magi sentenced the execs to a six-month prison sentence but cleared them of defamation charges. No jail time is expected, however, since any sentence of less than 3 years is typically commuted in Italy for those without a criminal record.

As you can imagine, Google has responded with vigor. In a post on Google’s official blog ominously titled “Serious Threat to the Web in Italy,” Google calls the decision “astonishing” citing the assistance it provided to local police in helping bring those who uploaded the video (and bullied the autistic child) to justice. More importantly, Google says that the decision “attacks the very principles of freedom on which the Internet is built.” On the surface, we have to agree. Here’s how Google describes the dystopian knock-on effect should this ruling take precedent:

“European Union law was drafted specifically to give hosting providers a safe harbor from liability so long as they remove illegal content once they are notified of its existence. The belief, rightly in our opinion, was that a notice and take down regime of this kind would help creativity flourish and support free speech while protecting personal privacy. If that principle is swept aside and sites like Blogger, YouTube and indeed every social network and any community bulletin board, are held responsible for vetting every single piece of content that is uploaded to them – every piece of text, every photo, every file, every video – then the Web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear.”

Google will, of course, appeal.

Google executives found guilty of violating privacy of student bullied on video originally appeared on Engadget on Wed, 24 Feb 2010 06:33:00 EST. Please see our terms for use of feeds.

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MagicJack sues Boing Boing, gets bounced out of court

The MagicJack is a VoIP dongle that hooks ye olde landline telephone up to the world of tomorrow via a humble computer. By all accounts, it seems to work pretty well and does the job it promises. Sadly, it doesn’t seem like we can say the same about its management team. A post on Boing Boing in April 2008 addressed some pretty concerning aspects of the MagicJack EULA: it demands that you cede your right to sue the company and give it permission to “analyze” the numbers you call, but even more worrying was the fact that no links to said EULA were provided either on the website or at the point of sale. That is to say, every purchaser of the product was agreeing to something he or she hadn’t (and couldn’t have, without tracking the URL down via Google) read. Oh, and apparently the software comes without an uninstaller.

The whole thing could’ve been just a nice warning tale about not getting into contracts without reading the fine print, but MagicJack CEO Dan Borislow, hardly a man who shrinks from controversy, felt so offended by Boing Boing‘s, erm, statement of factual reality that he took them to court, citing that his company was exposed to “hate, ridicule and obloquy” (we had to look that last one up, it’s just another word for ridicule, which makes the whole thing a tautology. Lawyers, eh?). Unsurprisingly, he lost the case, but he did manage to squeeze in one last act of shady behavior prior to his loss by offering to pay for Boing Boing‘s silence regarding the proceedings and costs. After he was turned down, MagicJack’s coffers were still lightened by $54,000 to cover the defendants’ legal fees, whereas its reputation can now be found somewhere in the Monster Cable vicinity of pond scum central. Great job, Boing Boing.

MagicJack sues Boing Boing, gets bounced out of court originally appeared on Engadget on Wed, 24 Feb 2010 05:45:00 EST. Please see our terms for use of feeds.

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EU launches preliminary antitrust probe against Google

Now that Microsoft’s browser selection story is all but settled, it looks like the European Union is gearing up for a new antitrust probe, with its crosshairs aimed generally in Google’s direction. According to the search giant’s Senior Competition Counsel Julia Holtz (via its European Public Policy Blog), complaints from three European internet companies — legal search group EJustice.fr, price comparison site Foundem.co.uk, and German-based Microsoft subsidiary Ciao.de — have prompted the European Commission to launch a preliminary, fact-finding probe. The charges? Anticompetitive practices stemming from unfair downranking of its competitors in search results. Google denies any wrongdoing, while adding ,”we are also the first to admit that our search is not perfect, but it’s a very hard computer science problem to crack.” The Microsoft connection seems particularly notable to Google; Holtz reiterates that the company had a good relationship with Ciao until the Redmond company picked it up in 2008 — “we started receiving complaints about our standard terms and conditions.” Like we said, at this point it’s just a fact-finding probe that could end up going nowhere, but seriously, Google’s lawyers cannot seem to get a break these days.

EU launches preliminary antitrust probe against Google originally appeared on Engadget on Tue, 23 Feb 2010 21:47:00 EST. Please see our terms for use of feeds.

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