Neil HughesWolf, in a new note to investors, said the open source community is "hopelessly confused." He said the open source movement came from the academic community, where ideas are freely exchanged. But things don't work like that in the business world.
"There's a critical difference between the free exchange of ideas and the free exchange of software," Wolf said. "In the academic world, the entire value of an idea accrues to its author in the form of reputation, citations, invitations to speak at conferences, and possibly an appointment at a prestigious university. In the open source world, no value accrues to the writer of a particular piece of software."
Wolf said although some have suggested Apple's lawsuit with HTC comes directly from Steve Jobs, he doesn't believe that's the case.
"The lawsuit is not about psychology," he wrote. "It's about economics. Apple has every right to sue to protect its intellectual property. That's what our patent system is all about."
Earlier this month, Apple sued HTC, alleging that the smartphone manufacturer has been in violation of 20 iPhone-related patents relating to user interface, underlying architecture and hardware. The complaint, filed with the U.S. International Trade Commission, has asked for sales and importation of all HTC handsets in the U.S. to be halted.
Apple's lawsuit specifically mentions the Google Android mobile operating system, and lists a number of Android-powered handsets, including the Nexus One and myTouch 3G. Some Windows Mobile smartphones were also named in the suit, but were targeted for their use of digital signal processing hardware decoders.
Google has come out in defense of its partner HTC, stating that the search giant stands behind the Android operating system "and the partners who have helped us to develop it." Wolf has previously said he believes Apple has better than 50-50 odds of coming out victorious in its suit against HTC.
Similarly, analyst Shaw Wu with Kaufman Bros. previously said he believes Apple's "very large war chest" will likely force some competitors to either take out features or pay royalties to the iPhone maker in order to use patented technologies such as multi-touch.
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Apple knew this was coming. They made it clear when SJ introduced the original iPhone, warning that they were going all out to protect their ip. I suspect they had the iPad in sight and saw where this was all headed. Or at least hoped it would.
"The open-source community" is a pretty broad brush. Is this the same "open source community" that has made Apple's WebKit the standard browser for virtually all mobile devices?
"There's a critical difference between the free exchange of ideas and the free exchange of software," Wolf said. "In the academic world, the entire value of an idea accrues to its author in the form of reputation, citations, invitations to speak at conferences, and possibly an appointment at a prestigious university. In the open source world, no value accrues to the writer of a particular piece of software."
Well, perhaps nothing except reputation, citations, invitations to speak at conferences, and possibly a lucrative job offer.
Ask Torvalds whether "no value accrued" to him.
Just look at these patents below from Engadget's list. I am sure these patents cover desktop Linux just as much as Android. The Open Source community should be even more concerned than they are, because this is the most open attack on open source operating systems ever, with the biggest collection of patents.
Its not all about Slide to Unlock.
Like I said, check out the collection below. There are some very serious patents here which cover how an GUI and OS work, and seem to have nearly nothing to do with phones.
This is the oldest patent of the bunch, issued in 1995. (You can really get a sense for how Apple's counsel has changed the way it writes patents over time by reading all of these, by the way. The older ones are really quite terse.) Again, it's technical to the point where we don't feel comfortable saying exactly what it means, but it covers building graphics objects with a processor and outputting them through various means. Given the fact that this predates Steve Jobs' return to Apple, we'd say this one was thrown in because Apple's lawyers think it's particularly strong, not because it has something to do with phones specifically.
Patent #6,424,354: Object-Oriented Event Notification System With Listener Registration Of Both Interests And Methods
This one is actually quite interesting: it's from 2002 and is illustrated with drawing from Mac OS 9, but it covers event notifications passed among objects -- a system specifically described in the abstract as presenting a context-sensitive menu on the screen. That's very much the core of the Android UI, if you think about it. We don't know exactly what Apple thinks HTC is infringing with this patent, but it's one to keep an eye on, since it could have huge implications.
Patent #5,481,721: Method for providing automatic and dynamic translation of object oriented programming language-based message passing into operation system message passing using proxy objects
This one's fun -- it's actually an old NeXT patent from 1996. And we're talking old-school NeXT -- the inventors are listed as Betrand Serlet, Avie Tevanian, and Lee Boynton. Anyway, this one is large, broad, and technical: it covers passing objects in an OS between processes by way of a proxy object. Again, given that this is primarily an OS patent and that Apple claims all of HTC's Android phones infringe it, it's hard to shake the impression that this case is anything but a proxy for a larger fight to come.
Patents #5,519,867 and #6,275,983: Object Oriented Multitasking System and Object-Oriented Operating System
Apple lumps these older OS patents together, so we are too. '867 is from 1996 and covers accessing OS level services in a multithreaded way; '983 is from 2001 and describes an OS in which apps can access native system services and those services can make use of data associated with an object. Again, dry, technical -- and totally aimed at Android, not HTC itself.
Patent #5,566,337: Method and apparatus for distributing events in an operating system
Another OS patent from 1996, this time relating to passing event notifications between objects -- like changing app behavior based on battery status. If you're not getting that Apple is targeting Android with the ITC case in particular by including low-level patents like these, there's really nothing more we can do. Oh, wait -- we can drop another six patents on your head.
Patent #5,929,852: Encapsulated network entity reference of a network component system
This one is also interesting because of it's age -- it's from 1999, and describes a way for users to get at remotely-stored resources more effectively by using software "components" that deal with different data types.
Patent 5,946,647: System and method for performing an action on a structure in computer-generated data
Seriously, we're almost impressed at how deeply Apple is pulling here. '647, issued in 1999, is what you might characterize as the "data detectors" patent -- it covers parsing data for known structures like phone numbers, address, and dates, and then taking action with that data. The model described is client / server, though, so it remains to be seen how Android handles similar tasks.
Patent #5,969,705: Message protocol for controlling a user interface from an inactive application program
You're going to love this one: '705 is a 1999 patent covering a form of multitasking. Specifically, it hits on the idea that a foreground app can direct a background process to go do some task while the foreground app remains responsive. The actual implementation is a bit more specific, but in the end, it's just another OS patent that's aimed directly at Android. Apple's also claiming this one against Nokia.
Patent #5,915,131: Method and apparatus for handling I/O requests utilizing separate programming interfaces to access separate I/O service
A 2002 patent hitting on multiple API usage in operating systems. Guess which Google-designed OS Apple says infringes on this one? Oh, and yes -- Apple's also claiming this one against Nokia.
Patent #RE39,486: Extensible, replaceable network component system
This patent was originally issued in 2001 and then reissued in 2007, and it covers -- surprise! -- OS-level software. Specifically, RE '486 covers organizing modular software "components" into a network layer with an API. It's more specific than that, but again, what's important for our purposes here is that this is about low-level software, not devices -- and the HTC devices that Apple says infringe this patent all run low-level software from Google. This is another one that Apple's claiming against Nokia.
Apples lawyers are testing out these patents against HTC to see which will stick. These will then set precedence for taking on bigger fish.