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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Tuesday, August 08, 2017

Apple’s Whiplash-Inducing Hypocrisy on Patents

This One Goes to Eleven
by Seton Motley, Contributing Author: iEverything tiny little company Apple (market cap: $820 billion) is in the midst of executing a unilateral war against Qualcomm.

Apple Sues Qualcomm Over Patent Royalties: “Apple also wants back some of the billions of dollars it claims it was overcharged in ‘Qualcomm’s illegal scheme’ to control the market for mobile phone chips.”

No, what Qualcomm is doing – is engaging in a legal, very reasonable effort to control the market for its patents. Apple wanted to use Qualcomm’s patents, Apple signed contracts to use them, Apple uses them – and now Apple is trying to get out of paying for using them.

Oh – and to put this in technological perspective: The iPhone – without Qualcomm’s patented technologies – is basically a skinny rotary phone. Just about all the things that make an iPhone an iPhone – come from Qualcomm.

To put this in monetary perspective: The cheapest current iPhone – is $749. For which Apple is supposed to pay Qualcomm – for all of their patents for nearly all of the stuff that makes the iPhone cool – less than $20. Or 2.7% of the retail price.

In other words – get real, you Apple cheapskates. Pay up.

Oh – and then there’s this:

Since the iPhone Launched, Apple Has Made More than Microsoft and Alphabet (Google) Combined

Pay up, Apple. You cheapskates.

But Apple’s lawsuit is just one facet of their war on Reality. They actively colluded (The Word of 2017) with the Barack Obama Administration’s Federal Trade Commission (FTC). Which – just three days before Obama, Inc left DC – netted them:

FTC Charges Qualcomm With Monopolizing Key Semiconductor Device Used in Cell Phones: “The Federal Trade Commission filed a complaint in federal district court charging Qualcomm Inc. with using anticompetitive tactics to maintain its monopoly in the supply of a key semiconductor device used in cell phones and other consumer products.”

Another aside: Apple is playing with a towering inferno eliciting government involvement in their portion of the private sector. As a County Judge candidate whose campaign I ran aptly put it: “If you’re going to feed that alligator – you’d best use a long-handled spoon.” Apple will almost certainly end up regretting that decision.

Was Apple finished with Qualcomm? Of course not.

Apple Stops Paying Qualcomm’s Patent Royalties

Did Apple receive a favorable court or government agency ruling allowing them to stop payment? Of course not. In April, they just unilaterally decided to stop paying. Which renders every iPhone on the planet Apple plies going forward – stolen goods.

And speaking of giving governments bad ideas….

Apple Sues Qualcomm in China, Expanding Fight Over Patent Licensing

South Korea Fines Qualcomm $850 Million for its Patent Licensing Practices

Apple working with Obama’s government – led to other governments following the terrible lead.

And Apple – China? Really? Look, I know you do lots of manufacturing over there – but really?

First of all – it’s China. Second – China has its own domestic companies. For whom the Communists will gladly throw you and anyone else over the side.

You should have already known better.

Apple Fights Chinese Ruling of iPhone Rights Violation: “Apple Inc. is fighting back against a ruling handed down by the Beijing Intellectual Property Office which says the iPhone 6 replicates the exterior design of a lesser known Chinese cellphone….”

Apple Loses Patent Case in China over Siri Functions: “The company plans to bring the case to a higher court to see if it can reverse the verdict that favors Shanghai-based Zhizhen Internet Technology.”

I know I wouldn’t want to rely on Communist China’s courts. I certainly would never initiate their involvement in anything I’m doing.

Is Qualcomm the only victim of Apple’s patent abusiveness? Of course not.

Apple Owes $626 Million in Damages after Losing Huge Patent Case

Apple Loses Patent Case to Small Texas Company

And as China knows and abuses, Apple has its own huge raft of patents. Of course they do – they’re a technology company. And do they stand idly by when they think someone is using their patents without proper payment? Of course not.

These Are the 5 iOS Features Apple Claims Samsung Stole: “Back in 2012 a jury agreed to some extent, and Apple was ultimately awarded nearly $1 billion in damages as a result. Now, Apple and Samsung find themselves in Judge Lucy Koh’s California court once again to argue over whether or not Samsung stole a different set of patents owned by Apple.”

Apple Sues HTC for Patent Infringement

And get a load of this nightmare mess.

Apple Inc. v. Samsung Electronics Co.: “By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries. By July 2012, the two companies were still embroiled in more than 50 lawsuits around the globe, with billions of dollars in damages claimed between them.”

You would think Apple would be tired of ALL of this omnidirectional litigation. And wouldn’t INITIATE multiple lawsuits – and involve multiple governments – in an attempt to stop paying Qualcomm for patents for which they are contractually obligated to pay.

That is more than a mite confusing. And whiplash-inducing in its hypocrisy.

The solution to all of this litigiousness – isn’t unconstituional Legislative Branch meddling in the Judicial Branch via ridiculous “patent troll” legislation. Separation of powers, Ladies and Gentlemen.

The solution is for everyone to stop being idiots – and pay for the patents they use. Because nigh everyone suing someone – also has patents for which they too would like to be paid.

I bet if you added up the exorbitant fees for all the lawyers and attending litigious personnel over any length of time in the history of patent litigation – the money wasted dwarfs the amount they would have paid…if they had just paid for the patents they were using.

How about exhibiting a little forethought?

Oh – and stop stealing. It’s not nice. Don’t be evil.
----------------
Seton Motley is the President of Less Government and he contributes to ARRA News Service. Please feel free to follow him him on Twitter   /   Facebook.

Tags: Seton Motley, Less Government, Apple, Whiplash-Inducing Hypocrisy, Patents To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 3:30 PM - Post Link

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