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Hardware 2.0

Adrian Kingsley-Hughes

Android now paying the price for iOS similarities

By | February 17, 2012, 5:36am PST

Summary: Jobs wanted to destroy Android, and it seems that things haven’t changed under Tim Cook’s leadership.

“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong. I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

This is what Steve Jobs thought of Android, as recounted in Walter Isaacson’s biography of the late Apple CEO. Since these words were uttered, Apple has been involved in an intense legal battle with Google and other device makers over Android, and it seems that the courts are siding with Apple that Android is indeed ‘a stolen product.’

The latest battle has been over this simple user interface element:

That ’slide to unlock’ mechanism is a feature that was put into the Android mobile platform, and now a German court has ruled that Motorola’s use of this on certain devices infringes on Apple’s patent. This is bad news for Android because it could mean that Android device sales in Germany could be halted.

Note: The ruling doesn’t apply to Motorola’s Xoom tablet because that uses the Android 3.0 “Honeycomb” software and is unlocked by dragging a padlock icon out of a circle.

How Apple is approaching Android litigation is at polar opposites to the tactic undertaken by Microsoft. Microsoft is happy to license patents and collect royalties from Android handset makers, turning the platform into a cash cow. Apple on the other hand doesn’t seem interested in licensing patents, preferring litigation to make life difficult for Android handset makers. Jobs wanted to destroy Android, and it seems that things haven’t changed under Tim Cook’s leadership. The company seems committed to waging a long-term war on Android.

Anyone who has used both Android and iOS can’t help but notice how much of a similarity there is between the two platforms, and it’s hard to avoid the conclusion that Android was, at the very least, inspired by iOS. And now Android is paying the price.

But Android isn’t the only platform that seems to be benefiting from ‘borrowing’ ideas from Apple. What about the Windows 8 unlock screen? Every time I swipe to unlock, it reminds me of unlocking my iPhone or iPad … and it’s hard to imagine that folks at Apple haven’t noticed this.

When Steve Jobs unveiled the iPhone to the world back in 2007, and he said ‘boy, have we patented it,’ he wasn’t kidding. And now Android is reaping the whirlwind of that patenting extravaganza.

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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ripoff
garegin 3rd Mar
the XEROX argument is weak. apple took a design idea for XEROX. android is an iOS ripoff. the entire linux ecosystem is a ripoff from windows and osx. the reason that companies copy design instead of trying to innovate is that creative people are very expensive and few. it's easier to be a cover band than make original music.
accusing apple of ripping off is pure cherry picking. i am sure that they do it, but the industry does it much more.
0 Votes
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Of course you know...
wolf_z 17th Feb
...preference to litigate a product out of existance is anticompetitive. happy

So now who's the predatory monopolist again? (laughing)

MS says "fine, go ahead and use it. Just pay us, no problem."

Apple says: "NO! MINE MINE MINE! We shall destroy you utterly and salt the earth where your cities once stood!"

Hmm...
1 Vote
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@wolf_z

This is how the patent system works. Don't blame the companies, blame the law. As a shareholder, you should be demanding that the company you've invested in do all they can within the law to improve their bottom line- this is a business, not a 'let's all hold hands and do only what's in the best interest for the consumers we love' sort of situation.
1 Vote
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Even if it means selling out to another country!
@Uninterested_Viewer Wouldn't collecting money from licensing patents be more beneficial to the shareholder rather than spending money on lawyers?
@Uninterested_Viewer ...and the lesson of the day is win, win, win at all costs. This is the problem with business today. Every victory must come at the destruction of your foe. Let's just patent breathing oxygen and sue them for the gall of attempting to do something so basic, yet "our property". I mean, seriously? Patenting "Slide to Unlock"? Seriously?
  • Flagged
@Uninterested_Viewer
That attitude is what has the human rights violations happening all over the world. Rich get richer, poor get poorer. Not really a sustainable model in my eyes.
  • Flagged
@Uninterested_Viewer Here is how the US patent system works: write something up, send in for patent with check to USPTO. USPTO cashes check, accepts idea regardless of how stupid or obvious. Why? Because the more patents accepted means more patents will be forthcoming. There NO WAY in hell the USPTO will ever shut off that revenue stream by beginning to scrutinize patents. NEVER.
@Uninterested_Viewer
How about I blame both? Sure the law may allow for such stupid patents to exist, but it's companies like Apple that have poured millions (billions?) of dollars into lobbying efforts to ensure the laws allow this.
@Uninterested_Viewer You are asking us to put the cart before the horse. The law is the way it is because companies love to engage in patent battles regardless of the merits of their patents.
@kd5auq-

*bingo*
And who keeps flagging responses that clearly do not violate the terms?!!
  • Flagged
@wolf_z
Apple, M$ and Oracle are different faces of the axis of evil software by bringing baseless lawsuits.
Now Google has the means to put these goons out of business and the world would become a better place: http://techrights.org/2012/02/15/defensive-armament/
@The Linux Geek Oh yes Google is our savior, you just have to sell them your soul first.
0 Votes
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@The Linux Geek So it's "baseless" that Android was a Blackberry clone prior to the purchase of Android by Google, that is was a BB Clone while Eric Schmidt of Google was on Apple's board of directors during the development of the original iPhone and had access to the prototypes, the software, and other developmental data. It's "baseless" that after the huge success of the original iPhone (and every incarnation of it thereafter) that Android went from a Blackberry Clone to an iOS clone?
@Pete Athens Android is not now, nor has it ever been an iOS clone! If you used the actual software as distributed by Google, you would see that it has way more in common with how BlackBerry does things than iOS.

Crud, iOS might have as many features as Android does today, in about 5 years!

You Die Hard Apple guys make baseless claims without any evidence to back them up! And don't pull out the phone slideshow as it is missing the phones that were completely touchscreen before the iPhone.
@Peter Perry You're correct. And Android is eating Apple for lunch which is why they are so paranoid. A whole bunch of phones will come with ICS or be updated to it this year so the slide to unlock fiasco will be a non-issue since the honeycomb unlock protocol was deemed to no violate the slide to unlock apple patent.

And I'm sure Google is just waiting to give it back to Apple when they enforce their patent for the notification bar protocol that Apple introduced in iOS 5. Apple obviously copied Android did they not? You think Apple will ever come out with widgets on iOS 5? Apple will lose the war on this.
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Yes, but Android SUCKS...
dcristof 17th Feb
@mrxxxman

Android is reaching its apogee now. Fragmentation, the lack of a quality tablet experience and most important, the lack of a compelling reason to use an Android tablet (you certainly don't get a better MS productivity experience in the enterprise, and on a consumer level, it FEELs like a cheap knock-off) are all going to be the boulders that drag Android to the bottom of the deep and put it out of our misery.
@Mrxx

And I'm sure Google is just waiting to give it back to Apple when they enforce their patent for the notification bar protocol that Apple introduced in iOS 5.

Please. Then Apple can get back at Google for cloning another iOS feature for ICS, the simple way one creates folders on their iPhones and iPads and iPods. All you can do is show one feature Apple supposedly took from Android? Maybe Apple did it on purpose because everyone was copying everythig Apple was doing.
@Peter Perry

Touch screen before the iPhone? Capacitive screen where you can swipe your fingers and not use stylus?

By the way, it is fact that Linux is an UNIX clone. Not a branch, clone. The original "linux kernel" was copied from the AT&T kernel, etc.
Because iOS (which is OS X) is an BSD UNIX derivative, one can definitely say that Android, which is an Linux based OS is a clone. happy
Copying the APIs and user interface is additional to that.
  • Flagged
@dave95

"All you can do is show one feature Apple supposedly took from Android?"

Well, Newsstand, Notification Center, Wireless sync, Reminders, Cloud Sync, Widgets, OTA updates, Twitter integration, Tabbed browsing, and Voice control.

www.ibtimes.com/articles/214268/20110915/10-android-features-ios-5-impersonated-apple.htm

And, while they certainly bought Sri, you can no longer get it in the Android Market, which you could when Siri was a separate company. So, in a way, they did "take" Siri from Android. (Apple only went to Siri when talks with Vlogic broke down anyway)
  • Flagged
By the way, it is fact that Linux is an UNIX clone. Not a branch, clone.

A clone signifies something that is identical. Linux and UNIX are not identical.

The original "linux kernel" was copied from the AT&T kernel, etc.

No, the original "linux kernel" was derived from the Bell Labratories UNIX kernel by Linus Torvalds in 1991.

Because iOS (which is OS X) is an BSD UNIX derivative, one can definitely say that Android, which is an Linux based OS is a clone.

No, your faulty reasoning thinks they are all one in the same thing but they aren't. iOS/OSX/BSD are considered one family set branch of UNIX while Linux/Android are considered another. And it's because of that faulty troll-like reasoning of yours that somebody else flagged you.
  • Flagged
@The Linux Geek -

Oh, please.

ANY company using predatory practices to nix competition would be just as evil. Let's keep the law even, instead of saying one company does it while turning a blind eye to the other.
@Peter Perry -

Agreed.

I wonder if iOS5 finally multitasks the background downloading of apps (1-4.x did not)...

As for other innovations Apple will try to patent:

http://www.ibtimes.com/articles/214268/20110915/top-10-android-features-ios-5-impersonated-apple-iphone-5-ipad-ipad-2-iphone-3gs-iphone-4-ipod-touch.htm
  • Flagged
@wolf_z
First, learn what a monopoly is. Second, your position is akin to someone breaking into your house, using your stuff and offering to pay you for it afterwards. If you are dire need of money, by all means, leave your door unlocked.

For those of us with enough money, I want to creep out of my house and under arrest.

Money isn't everything.
@dhmccoy That is the most ridiculous analogy I have ever heard. You forgot to include in that ridiculous analogy that apples sells a product also, which is where mostly all of their money comes from. Asking someone to pay for also using part of your product is a smart idea because its either that or just not getting anything at all. Apple will not make android go away, sorry to burst your bubble.
@dhmccoy lifegiver36 is correct. Apple is just doing this because Steve Jobs is mad that Google built a better mouse trap.

So you would be OK with Google suing Apple for copying their notification bar protocol in iOS 5, right?
@lifegiver36.

I didn't say anything about making anything go away. If I have property and I don't want to share it, that is my right. If I have a product, and I don't want to allow you to use my ideas in yours, that is also my right.

Trying frothing less and thinking more.
@dhmccoy Speaking of door locks and slide to open. Does that mean the interior door lock on my 20 year old car, which is slide to lock, is paying royalties to Apple? Intellectual Property that Apple stole from the import auto industry. Or is it Android that stole it from the auto industry? True the auto version is mechanical but its just a minor upgrade to a preexisting concept. So they are both guilty.
@dhmccoy
Agreed!!! Android was a RIM copy till the iPhone came out. And remember that a certain member of Google was sitting in on the Apple Board while the iPhone was being developed ( and didn't excuse himself from the Board Meetings as he was morally expected to - that is what pissed off Steve Jobs so much).
@mrxxxman ((( "So you would be OK with Google suing Apple for copying their notification bar protocol in iOS 5, right?" )))

If Google had patented their implementation of the notification bar, and Apple had infringed on that patent, then absolutely. But Google didn't, and Apple didn't, so moot point.
0 Votes
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@wolf_z So the fact that Android is a stolen and hackneyed copy of iOS makes no difference?

Yeah that extreme makes as much sense as the extreme you seem to be at.
@Pete "athynz" Athens You need to get your 'facts' straight.
And by the way, since when do board members get access to all of the design, software and intellectual property details of a company?
0 Votes
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@radleym Really. Then perhaps YOU out of all the fandroids I've asked can finally tell me how Android was a Blackberry clone (that was slated to be an alternate OS on Windows Mobile devices) prior to it's purchase by Google and then very closely resembled iOS AFTER the release and success of the iPhone. now keep in mind that then-CEO of Google Eric Schmidt was on Apple's board of directors and had access to the prototypes, software, and developmental data.

NO ONE else has been able to answer this. So can YOU? Tell me how Android went from resembling Blackberry to resembling iOS without Eric Schmidt/Google doing something clandestine.
@Pete "athynz" Athens
Agile software development. Every 2-4 weeks you have a potential releasable product, every 2-4 weeks you can change direction, even if it is a "drastic" change. The reason I don't subscribe to those rumors is that Apple has not charged Schmidt with any violations. If you want to answer your question, then list what is the difference from a "blackberry clone", an "iOS" clone, and a "PDA" clone. Since Android had/has features that iOS does not and does not run apps programmed for iOS, how could it be a clone?
0 Votes
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@wolf_z : This isn't predatory monopolism, this is defending their patents.
@vulpine@... Do you realize how much cross-licensing exists in technology? It's huge because they all understand that it's a win win in the long run. If Apple keeps this up it will only come back to bite them when they violate someone else's patent. And that will happen especially when you have the likes of Google buying Motorola Mobility for their thousands of patents.
@vulpine@...

Reverse engineering something to look and perform in a similar fashion is NOT industrial espionage. If that were true, a LOT of open source software would be illegal. Also, any software package that can open another software package's data files (think MS Word) and they reverse engineered how to open those files (think LibreOffice or OpenOffice) would also be illegal... and they are NOT.
@mrxxxman "It's huge because they all understand that it's a win win in the long run. If Apple keeps this up it will only come back to bite them when they violate someone else's patent."
There is a difference though which I wouldn't expect you to see due to your blind hatred for Apple and your unquestioning fandroid level love for Google and Android. If/when it happens to Apple the owner of the IP will probably look at the overall sales numbers and realize they will make more on licensing the IP to Apple than they make producing phones themselves just due to sales volume so they will license. Apple on the other hand makes more reducing the competition than licensing. I am not saying it's the way I would do business but there is nothing illegal about what Apple is doing.
0 Votes
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Where's the like button...
dcristof 17th Feb
@wolf_z

Yes.
@wolf_z

You're absolutely right! It's perfectly OK for others to steal from you, but it's wrong to take legal action against those that steal from you.

By the way wolf_z , where do you live? I'll come by and help myself to some of your property. It's nice to know that you wouldn't take any legal action against me for stealing your stuff. wink
@wolf_z This link was posted farther down, but shows how Apple didn't invent slide to unlock and therefore their patent is null and void.

http://www.gottabemobile.com/2011/10/26/slide-to-unlock-patented-by-apple-despite-prior-art/
0 Votes
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@mrxxxman It's not the same thing. With the device used in your link they swiped at the bottom of the device - there was NO icon that swept across the screen, no "Slide to Unlock" text, no "track" background (for lack of better terminology... it's been a long day). Apple does not have a patent on the sliding motion which is the only similarity between the device you linked to and an iOS device.
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@Pete "athynz" Athens I agree, but that is what Apple is arguing. They say it's the motion of sliding to unlock regardless of whether there is text or not that they have a patent on. My Android 2.2 device has no slide to unlock text of any kind in a predefine area like on the iPhone. There is only an icon of an unlocked lock with an arrow pointing in the direction to unlock it. In the example above you swipe on the bottom of the screen with the lock icon. The concept is the same.
0 Votes
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iOS5 is full of features ripped from Android (Notifications), Blackberry (BBM) and Windows Phone.

Microsoft has got it right. Do Apple really expect Android to disappear? They're better off making money from it.
@wolf_z What price will Apple pay when they have to remove the pull down notification they stole from Android??? BTW, the slide to unlock is garbage junk. Do some reading and you will see why.
@wolf_z Get ready to pay Apple thieves...Google Also Files For Patent On Notification Pull Down Bar ??? Yeah, Back In ???09 [Fun Facts]
http://phandroid.com/2012/02/17/google-also-files-for-patent-on-notification-pull-down-bar-yeah-back-in-09-fun-facts/
1 Vote
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@wolf_z

By forcing other companies to come up with new and unique methods, many of these patents drive and force innovation. Don't believe the lip service offered by Google on "squashing innovation", it is an out-right lie for the gullible unwilling to think for themselves.

Don't you find it odd that every other mobile touch OS came up with something enough different (heck, even HC did) from what iOS did on the slide to unlock? WP7 slides the screen up for example. Google, being lazy and unoriginal, simply changed the image. LAZY LAZY LAZY.
0 Votes
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Google$,Apple$, M$, Oracle$
jgoode@... 27th Feb
Mirror Mirror on the wall, who is the evilest monopolist empire of them all?
mmh.
1. Oracle$
2. Apple$
3. MS$
4. Google$
My 2 cents.
1 Vote
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Sick of Misinformation
messageken 17th Feb
Google acquired Android in 2005. ( www.businessweek.com/technology/content/aug2005/tc20050817_0949_tc024.htm )

Apple debuted the super-secret iPhone (so no one else knew to copy it) in June 2007.
@messageken
that begs the question: who's copying who?
Apple is a proven 'me too' copier of other innovations.
0 Votes
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ripoff
garegin 3rd Mar
the XEROX argument is weak. apple took a design idea for XEROX. android is an iOS ripoff. the entire linux ecosystem is a ripoff from windows and osx. the reason that companies copy design instead of trying to innovate is that creative people are very expensive and few. it's easier to be a cover band than make original music.
accusing apple of ripping off is pure cherry picking. i am sure that they do it, but the industry does it much more.

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