by Mike Masnick

Filed Under:
lawsuits, patents

apple, mobilemedia, nokia, sony

Live By The Patent, Die By The Patent: Apple Loses Patent Lawsuit Over Sony & Nokia Patents

from the but-of-course dept

We've argued before that it often seems that operating companies that decide to go down the path of suing others for patent infringement are really just opening themselves up to being hit with similar patent lawsuits themselves. It's a complete waste of time and money (all of which could be going towards actual innovation). With Apple launching patent nuclear wars all over the place, now it's been getting hit back with suits from others. The latest is that Apple has lost a patent dispute with MobileMedia, a company that Sony and Nokia dumped some patents into for the sake of shaking down getting "licensing" revenue from other companies. The whole thing is silly, and Apple, Sony, Nokia, Samsung, HTC, Motorola, Microsoft and everyone else would be better served by not having to fight off all these silly lawsuits, but by being focused on making better products and competing in the marketplace.

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  1. identicon
    Anonymous Coward, 14 Dec 2012 @ 10:32am


    and if you have a patent on a certain method, and you find someone else using that method without a patent, you are DUTY BOUND to act, you cannot simply ignore it and 'let it slide'.

    Don't see it, there is no "duty bound" in attacking others unless is self defense.

    Do you really think the board of directors would hold those positions if they sided with "let it slide" attitude to threats to their business?

    If the company is profiting who cares?
    You seem to think that the board of directors have a clue about how to run the company, most boards have no idea, they parachuted in and have no compass to guide them, they have no bearing except for the money flow, if it is flowing well they don't care.

    That is the true measure of success on any board of director you will ever set foot, people smile and say nice things when everything is ok even if they have reservation because they also know in the back of their heads that they might be wrong.

    It is illegal to encroach on existing patents, and the only people with the responsibility to ensure it is not violated is the person, group or company that owns that patent.

    Does not matter what you think of "the system" it is what it is, it is what we have to work with, you might want it changed, that's fine, but until it is changed, it is the rules you have to abide by to conduct business.

    In the day to day business yes that is true, in planing for the future you are wrong it does matter, if it is hurting everyone than we should change it and debate it, flame it, discuss it, fight over it until we find something, anything that everyone can agree on or at least the majority of people who will help enforce it to the minority. The key aspect is this "strong majority" with the capability to enforce its term on the weak minority, the law is of no consequence if it can't be enforced, rules are useless if they are not enforceable and I have yet to see any unnatural monopolist BS stick for very long without disappearing or being tone down a lot.

    So where do you draw the line, and who gets to decide where that line is?

    The stronger side. fair or not it is how it is going to be and no the government is not the strongest side, it can't do anything against millions of individuals that work on their own to undermine something.

    It's just like the man who killed a small child doing 60mph in a school zone, what are you going to do, tell us all the speed limit law in schools zones is "not right"?

    Maybe is not right at all, if it happens only once in a while you can get the law to be enforced, but if it happens all the time and a lot of children keep losing their lifes because of it will you tell all those parents that the law is there and be done with it?
    Of course not you find a new way to deal with the situation, because it became clear that the law alone could not solve the problem and a new approach is needed.

    That's what is trying to be done here, it's not the rules that are wrong or the problem.

    The rules are exactly what is wrong, they push the incentives in the wrong direction and force everyone to act like bastards and a bastard market you get.

    Legally people need to follow those rules, for now, but pressure will build up to change that situation in one way or another.

    Granting monopolies is not a wise decision it may seem easy and logical to some but it ignores the strong majority that will at some point make itself known, there is nothing that unify people more than the threat of exclusion from being able to work.

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