But seriously, the thing is that the phone market has never been "free" in the sense that the web has been free. Since to become a carrier you have always needed a significant capital investment in hardware, the model of also needing to pay patent-rent for your software has been just a piece of this. But creating a website has been the freest possible activity - even having your own server only involve nominal expenses and nominal control relative to becoming a phone carrier.

Further, the web is currently the closest thing to a free press that exists today. Anything to exerts control over this is doubly compared to the certainly objectionable activity of extracting patent-rent from a given industry.

I think this argument shows Yahoo is at least as bad in its action as Apple here (even though I actually have been Yahoo-sympathetic and Apple-hostile up till now). Censoring the App Store is an abusive, monopolistic practice but it still left the web, anything that puts breaks on the web itself is maximally terrible (that terribleness greater-than-or-equal to other problems so I'll still accept the answer "they're all bad").

What about things like amazon's 1 click patent. They are a web company. I can find in 1 second on google a 1999 case where they used that patent

http://www.zdnet.com/news/amazon-sues-rival-over-1-click/103...

I don't know what you are talking about.

Customizable user pages, and activity streams are a lot harder to work around for modern web applications. The fact that there aren't a lot of alternatives also suggests that they are obvious technologies. If Yahoo really owns those things, how many modern web applications are not vulnerable.

It's true that 'slide to unlock' seems like a superficial feature, but that's actually a point in Apples's favor.

By pursuing superficial claims, they aren't trying to blow the competition out of the water by claiming ownership of fundamental ideas - they're just trying to stop them making products that feel like imitations of their brand.

I am reminded of star wars in this case: The more you tighten your grip, Admiral Tarkin, the more systems will slip through your fingers.

I don't see any more what Apple's major goal is. if they would hold to their premise: "Create the best user experience" they wouldn't do stuff like that.

They are being sued too (and were sued first by Nokia) in this dirty patent war. I think it's naive to expect them to simply ignore all that.

It is possible for them to both try to build the best products for the consumer, and simultaneously act like a business operating in a tough environment.

This patent is about as business / software process as you get. It is just a consequence of solving a problem that would be solved the same way by anyone of with skills as a product of normal training in the field. Like "One Click" or "IsNot", it is really hard to understand why the rules were changed to allow this type of thing.

Couldn't HTC et al have worked around it?

Some of their customers want it, it is a trivial idea and there's video proof that Apple didn't invent it anyway (Neonode N1m).

Whether their customers want it is irrelevant. Sadly there is no good criteria for what is 'trivial' or not, and that is a big problem with the current system. I don't think slide-to-unlock is any more trivial than the crank, but it's not my opinion that matters.

My point is that if its just a 'gimmick' i.e. not important, then HTC should be easily able to work around it.

The fact they haven't suggests that either it's hard to come up with a good alternative, or they are intentionally copying Apple.

It's worth noting that Apple suing over superficial things is more about preventing direct imitation. They aren't trying to kill their competitors by claiming fundamental technologies. I think this is actually evidence of a moderate approach.

Yes, but we know that doesn't always happen (and demonstrably isn't happening in some of Apple's lawsuits).

> It's worth noting that Apple suing over superficial things is more about preventing direct imitation. They aren't trying to kill their competitors by claiming fundamental technologies. I think this is actually evidence of a moderate approach.

That's not true. Apple is suing over plenty of fundamental, ridiculously broad patents as well, but (with the exception of the "clickable-actions-in-text" patent) we happen to not be talking about them here (in part because Apple lost on some of the more fundamental patents they've asserted).

Here's an article from two months ago that describes some of what Apple is suing over: http://arstechnica.com/apple/news/2011/12/apples-first-major...

Quoting the article we have:

- "one on layering an object oriented application on top of a procedural operating system (i.e. Mac OS X on top of UNIX)"

- "a method for dynamic object message passing translation"

- "automatically recognizing certain data structures and offering actions for that data (i.e. "Data Detectors")" (what I've described as "clickable-actions-in-text")

- "a method for performing realtime signal processing within a non-realtime OS"

Apple happened to lose at the ITC on 3 of these 4 (the only one still standing is "Data Detectors"/"clickable-actions-in-text"), but this is clear evidence that Apple is suing over fundamental technologies (I'd say fundamental ideas, which is even worse) as well as superficial ones. Given that "Data Detectors" dates back to the Power Macintosh help system, I suspect Apple is using every bit of patent ammunition they have. I certainly don't see any evidence here that Apple is showing restraint.

I'll emphasize again that "Data Detectors" is something that virtually every email client since the mid-to-late 90s does when they make URLs and email addresses clickable, specifically because the idea is so obvious and obviously useful. Should they all have to stop because Apple took an obvious idea to the patent office first? Even when Netscape did it months before Apple in Netscape Navigator 2.0b1?

Oh, I almost forgot. HN just infringed on Apple's "Data Detectors" patent here. Should they stop?

However my point was that 'swipe-to-unlock' seeming to be about something 'trivial' doesn't in itself make Apple look bad, and that still stands. It's not an example of Apple abusing the patent system whereas the others are.

If they've lost on the broad patents, then that's a sign that the system isn't as broken as we think. Arguably the fact that they've been tested and found wanting actually improves things.

Also, I'd point out that your concern seems to be primarily about the criteria for obviousness, which I agree is severely problematic, and is only going to get worse if we switch to first-to-file.

Because after years of inept technical execution, executive shenanigans and other corporate failures, they are resorting to trolling instead of actually doing anything innovative.

That is to say, Yahoo is viewed as non-innovative, and their action is viewed to be the result of a new CEO intent on aggressively finding pennies through any means including just by lawsuit. Meanwhile, most of Yahoo's team is apparently against this action.

So, it's the context. If you drop the context and equate Apple to Yahoo, then it's easier to arrive at: why is everybody upset when a company files a patent lawsuit.

I bet the same people upset about Yahoo also find Apple's lawsuits to be distasteful. Apple is viewed as a very innovative company, so they're given slack when it comes to suing over issues related to innovation.

Facebook didn't invent anything.

In reality Apple should be the real bad guy in whole patent issue.

They did invent some interesting infrastructure and dev-level stuff, which they've open-sourced.

Instead, they're suing over ticky-tack nonsense that other people did before like:

- "slide-to-unlock" (Neonode N1m)

- clicking to call phone numbers they detect in text messages and email (Palm Treo among many, many examples - especially if you look at analogous desktop functionality like recognizing URLs in email that makes the concept obvious)

- tablets that are black rectangles with rounded corners (Knight-Ridder concept tablet from 1994, the movie version of 2001, ...)

Perhaps if more people were aware of exactly what Apple was actually suing over they'd be less supportive.

I asked that 3 times and got nothing other than downvotes...

But you are correct that nobody really cares when the defendant is a multi-billion dollar company. Facebook can look after themselves just fine. If Yahoo were suing a startup, the backlash would be far stronger.

The patent system is broken, these are not the reasons it was created!

I think patenting a lock slider by Apple is more ridiculous than patenting apparatus to change IM into email.