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Brian Patrick Cork is living the Authentic Life

the Law says eat Apples and spit out Androids


the U.S. International Trade Commission (“ITC”), a federal agency, just so we are clear, said Monday they are siding with Apple against HTC and will impose a ban that will enforce an import ban on HTC Corp. (“HTC”) phones that infringe on a patent belonging to the iPhone maker. In other words, Apple’s iPhone does not violate (as HTC and their partner Google and likely prayed) four patents owned by HTC. this is a significant blow to HTC, and probably Google.

so… perhaps the headline should read, instead, “Apple Wins Partial Victory on Patent Claim Over Android Features”.

the ITC said in a final ruling that HTC may import some refurbished phones to offer customers as replacements under warranties and insurance plans. HTC, which is based in Taiwan, is a major maker of phones that use Google Inc.’s Android operating software.

the ban takes effect April 19, 2012 so that wireless carriers will have time to adjust their plans. but, it also means customers have an open-door to bail on HTC devices, and that has grim ramifications for Google, that is again caught in the midst of “evil” /1. this involves a set of important features commonly found in smartphones that are obviously protected by an Apple patent, a decision that could force changes in the way Google’s Android phones function.

Apple spokeswoman Kristen Huguet reiterated an earlier statement, saying competitors (i.e. GOOGLE and HTC) should, “create their own technology”. I’ll add, not steal it from Apple.

NOTE: the ITC ruling can be appealed. But it is one of the most significant so far in a growing array of closely watched patent battles being waged around the globe by nearly all of the major players in the mobile industry. in fact, the case is part of a broader dispute involving Apple, HTC and many other phone makers. in federal courts and before the ITC, companies have been accusing one another of stealing ideas for popular phone features. while the courts can award damages, the commission has the broader and debilitating power to block imports of products and parts made with contested technology.

in fairness to how people might organize their own thinking around stock acquisition, or not, the ruling was only a partial victory for Apple because the commission did overrule an earlier decision in Apple’s favor in the case, involving a patent related to how software is organized internally on mobile devices. in simpler terms, it would have been harder for the defendant, again HTC, one of the world’s largest makers of smartphones that run the Android system, to adapt its devices to avoid infringing that patent. that’s what legal experts say, in any event.

but, this is clearly decisive for Apple; potentially deadly for HTC (whom by the way blew it in negotiations with Apple when they had an opportunity to be part of the build process for the iPhone); and certainly problematic for Google whose advocates have had to constantly twist numbers to make it appear that it can compete with the iPhone in terms of  the masses Android “can have”, and opposed to the iPhone “must have”.

people of discerning taste can eat Apples with better results. and, obviously Androids can’t.

peace be to my Brothers and Sisters.

brian patrick cork

1/ Google was supposedly founded under a mandate of “do no evil”. but, that hasn’t worked-out very well, for anyone associated with them.

9 Comments to

“the Law says eat Apples and spit out Androids”

  1. Avatar December 21st, 2011 at 1:36 pm Tarandeep Says:

    In his own words

    3 years prior to the first mac

  2. Avatar December 21st, 2011 at 1:47 pm Brian Patrick Cork Says:

    Thank you for dredging this up, Tarandeep.

    For some additional context, you and the collective will likely find it of interest to know that Jobs once visited Xerox and developed a sense of what they were doing. He then hired the key engineers involved and built-out the relevant technology.

    I think you can argue that Xerox had some good ideas and Jobs made sure they saw the light of day.

    But, the real argument realizes itself in the patents, eh.


  3. Avatar December 21st, 2011 at 1:42 pm Tarandeep Says:

    And from 2001×177.jpg

    “Bill is basically unimaginative and has never invented anything” – Steve Jobs

  4. Avatar December 21st, 2011 at 1:54 pm Tarandeep Says:

    As he said in the video, “good artists copy, great artists steal.”

    So, you can step down from your hypocritical soap box. Your messiah did it, why shouldn’t anyone else.

    “GOOGLE and HTC should, “create their own technology”. I’ll add, not STEAL it from Apple.” – Brian Cork

  5. Avatar December 21st, 2011 at 2:04 pm Brian Patrick Cork Says:

    Fair enough. But, I will revisit the story and confirm context. That’s also fair.

    Meanwhile, I’ll stand by my words until you can prove the patents disprove Jobs. Patents and best practice.


  6. Avatar February 9th, 2012 at 4:47 pm Tarandeep Says:

    Thought you might find this interested…

  7. Avatar February 10th, 2012 at 8:00 am Brian Patrick Cork Says:

    I suppose this information might be “Chinese Interesting”… But, it’s best realization is moot, eh.

    Steve is fondly remembered, the company’s products help us shape and change the world, and it’s stock funds many a family’s college aspirations. That’s a much preferred legacy.


  8. Avatar February 10th, 2012 at 1:41 pm Tarandeep Says:

    The ends, then, justify the means?

  9. Avatar February 12th, 2012 at 10:19 am Brian Patrick Cork Says:

    For some. Not all. Not for any thing, or cause.

    It’s that fine-line realized through discernment is where God’s greatest gift to us (other than His son) meets daily example.


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