Summary: Apple’s patent lawsuit against HTC is a carefully planned manoeuvre, that some speculate is in fact  a proxy attack on Google.

However, with the rivalries and lawsuits aside it could have a more drastic effect on the consumers. If the courts rule in favour of Apple it could well kill a huge range of HTC produced handsets, and send a drastic blow in the face of Google and the Android platform.

Introduction

On Tuesday 2nd March, Apple announced that they have filed, with the US District Court and the International Trade Commission (ITC),  to sue HTC for infringing 20 patents.

The patents involved range from somewhat straight forward (‘Unlocking A Device By Performing Gestures On An Unlock Image’), to seemingly complicated (Automated Response To And Sensing Of User Activity In Portable Devices), and incoherent (Object-Oriented Event Notification System With Listener Registration Of Both Interests And Methods). Thankfully Nilay Patel, over at Engadget, takes a walk through each of the 20 patents and explains them in ways understandable to all.

As Patel notes, Apple has been very careful in planning their attack – filing for the more rooted and stronger patents with the ITC and the new, weaker ones with the District court.

The more important question is what the effect of these patents, whether the courts agree with Apple or not, is on HTC and perhaps more importantly on the consumers.

Diving deeper

It’s been speculated that Apple’s feud against HTC, is in fact more to do with Google, and the Android platform, than it does with HTC.

Understandably Apple aren’t happy with Google encroaching on their territory, as the NY Times reported Mr. Jobs saying “We did not enter the search business. They entered the phone business”.

However, we can argue that Apple has to embrace competition rather than just sue. On the other side Apple is a largely creative and innovative company and if they aren’t able to protect their creations, then they maybe lose the essence of their business. With the latest 74 day sales figures showing the flagship Android phone (the Motorola Milestone – I’m not counting the nexus one as it wasn’t advertised at the same level as, say, the iPhone) selling more than the iPhone; and, the Android platform gaining platform quickly, it’s certainly would be enough to concern Apple.

Google, of course, is not a company that is easily intimidated (if its even possible), and they will certainly not back down from a fight. So far, of course, they are not party to the lawsuit, but this is more of a question of time then anything else. In any case Google at least support HTC. A Google spokesman confirmed Google’s support to Techcrunch, “We are not a party to this lawsuit. However, we stand behind our Android operating system and the partners who have helped us to develop it”.

Two sides of the coin

All the “healthy” competition and rivalry aside, an important question arises – so what does this all mean for consumers?

On one side, by Apple aggressively protecting their patents, this should (theoretically) lead to more innovative technologies.

So instead of the utilising ‘swipe to unlock’ mechanism, it forces manufactures to develop a new method. From that perspective, better innovation means better technology, and happier consumers.

On the other side, using the same example of ‘slide to unlock’ – what if the steering wheel was patented or the handlebars on a bike, and manufactures were forced to come up with something different? I can see the point of fighting for a unique patent for an operating system or microprocessor but it doesn’t make sense to argue for something so versatile.

This has the opposite effect, where consumers are denied choice – why can’t we have the best features from one phone also available on another. Not to say that we shouldn’t have unique products, but instead to have the common best features available to masses.

Of course only time will tell what will happen, a ruling in favour of Apple could mean that HTC may have to kill certain phones. For now though, we just have to wait – as it’s become almost customary in these cases – it’s most likely that HTC, or even Google, will file a countersuit.

In any case this one is one to watch.

Reading around:

• Engadget – Apple vs HTC: A patent breakdown
• NY Times – HTC ‘Disagrees Strongly’ with Apple’s patent claims
• NY Times – Apple’s spat with Google is getting personal
• Ars Technica – Apple vs HTC: proxy fight over Android could last years

I was reading Family Lore blog’s review of the year and it reminded me of some interesting stories that made it to press during 2009. I decided to do highlight a few that I found remarkable.

Image by: walknboston

(Click on the link to read the full stories)

1. An American man who donated his Kidney, wanted it back as part of the divorce settlement, or the value of the kidney ($1.5m)
2. A Florida judge ordered make-up artist to cover up tattoos of a neo-nazi gang member before each trial
3. Oldest divorce in the world, a couple both aged 98 filed for a divorce in the UK after 36 years of marriage
4. A Taiwanese women filed for divorce because her husbands penis was too big – and surprise, it was denied
5. High Court approves injunction via Twitter
6. Malaysia state offers honeymoon in effort to halt divorce rates
7. Facebook blamed for divoces
8. Intel fined a record $1.45 billion by the European Commission for not playing nice
9. Homer Simpson was referenced in a case
10. Mother fined for calling her son too often
11. Women was held for being too noisy during sex
12. Nuns caught speeding, try and use the ‘God defence’

Lets hope for more of the same weirdness from 2010.

What else would you add to the list, let me know in the comments below.

If you are a drunk driver in Montgomery County, Texas then it may prove to be risky business. Apparently (via), the Montgomery County district attorney’s office has decided to tweet the names of all those that are driving whilst intoxicated between Christmas and New Year’s eve. Is it just me or is this a really stupid idea?

Image by: dreamglow

On face value it doesn’t seem like that bad a idea that might in fact deter people from drunk driving – you don’t really want your family, friend and neighbours to know that you got busted do you?

I’m not an expert in US law (or Texan law). but apparently the information is already publicly available, so what’s the problem?

On the other hand I can see two problems straight away. First, the tests aren’t a 100% correct, false positives aren’t exactly uncommon, and secondly,  it rains all over the maxim “innocent until proven guilty”.

The names of the guilty will be posted on the Montgomery County DA’s twitter page (@MontgomeryTXDAO), and they want to do this during other holiday seasons as well. Good luck to them.

What do you think?