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What will Windows 8 mean to Apple’s Litigation Spree?

by on14 August 2011 2890 times

TransformerApple has been having a blast dropping patents for vague concepts and even an entire device type (with their pending Pico Projector patent) regardless of prior art and at times regardless of if the patent is actual technology or not (the look and feel of something). Then they take these patents and wave them in the face of judges that have no real idea of what the patent is (or is not) covering asking for injunctions and outright bans on products from companies that are relatively underfunded in the legal department. If you ask Apple about this they will stand and say that they are protecting their Intellectual Property (which in many cases was “borrowed” from another company that cannot afford a legal fight with Apple like S3). This abuse of the patent and copyright system is detestable, but is an article for another day.

The question I am wondering is, why has Apple not gone after Microsoft? Windows 7 on a tablet has Pinch to Zoom, finger gestures and even the same “look and feel” when you scroll with your finger. Now, I could be wrong, but if Apple is trying to protect their IP you would think they would be going after Microsoft in a big way. I am also pretty sure they would be adding Asus (who has one of the best-selling Windows Based Tablets on the market right now) to their legal wish list as well. So, why do they leave these two obvious copy cats out of the litigation arena?

Well, here are a few reasons that we were able to come up with based on research. Microsoft is safe simply because they have bailed out Apple multiple times in the past and also have several patents and items that Apple needs to survive (Office for Mac is still a huge seller). Whether the Apple faithful and Steve Jobs want to admit it or not Apple owes it very existence to their rival; without Bill Gates and Microsoft we would be talking about Apple in the past tense. Right now Adobe is wishing they had dropped money into that bailout instead of just spending time and money making their products work on Apple’s RISC (Reduced Instruction Set Computer) based systems (the PowerPC days). If they had, they perhaps they would have some leverage in the whole HTML5 Vs. Flash competition. This also applies to Microsoft’s net generation operating system Windows 8. In fact is applies even more as Microsoft is writing it to work on ARM based CPUs. The previews that we have seen also make it very tablet friendly and an obvious threat to Apple’s weakening hold on the tablet market. Yet, we have heard no call to arms from the Apple legal team over this.  

So, what about Asus and their tablets? Asus is also untouchable right now because they also have something that Apple wants; A manufacturing facility. Apple has been looking for alternatives to Foxconn due to the bad press surrounding the company’s many suicides. The world now knows that the iPhone, iPod and many other Apple products are assembled there and with the many deaths over working conditions at these plants the eyes are turning to look at Apple. The question has already been raised by many humanitarian groups “why has Apple done nothing about this?” You would think that a company that claims to be so “Green” and Earth Friendly would be appalled by what is happening over there. However, other than a few press releases (which usually tame the faithful) Apple has done nothing. At least on the surface, we have heard rumors that Apple is courting Pegatron as an alternative manufacturing site for the next generation of iToys. If this is true (and as of now we have no evidence to the contrary) then Apple would not want to get Asus upset. After all Asus owns Pegatron. It is their manufacturing company.

So then next time you hear an Apple press representative standing on the soapbox and loudly declaiming how they are protecting their Intellectual Property from the masses of thieves and copy-cats out there, just remember that they are only throwing this around at the companies they feel they can bully into submission. In the end no one likes a bully, and bullies usually reap what they sow in the long run.

Last modified on 14 August 2011
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