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Apple Loses Bid For Emergency Ban On HTC Phone Imports 305

Posted by Unknown Lamer
from the itc-being-sane-you-don't-say dept.
New submitter tukang writes "The US International Trade Commission has rejected an emergency request by Apple to detain some HTC phones (including the One X and EVO 4G) at the border while the agency investigates Apple's claims of patent infringement. In May, HTC's phone shipment was held up at the border and was only allowed to pass after U.S. Customs and Border Protection received assurances that HTC worked around Apple patents, a claim which Apple disputes."
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Apple Loses Bid For Emergency Ban On HTC Phone Imports

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  • by JaredOfEuropa (526365) on Tuesday July 03, 2012 @05:53AM (#40525393) Journal
    The big players in mobile all have their warchest of patents in place. Now they are stepping up the game; apparently it has become necessary to also have a warchest of ongoing lawsuits. Better sue the competition and have 5 cases running against them, then we have something to trade when they decide to sue us in turn.

    But they know this: all of this serves quite nicely to keep new players out of the market. If you can get an injunction against a certain product because it has rounded corners, then there's nothing you can't block... unless the competition similarly threatens to block your own products from the market.
  • Re:Antitrust Anyone (Score:5, Interesting)

    by bky1701 (979071) on Tuesday July 03, 2012 @05:54AM (#40525395) Homepage
    There are quite a few Apple dollars bouncing around Washington DC, even more since they became best of friends with the RIAA and MPAA. I wouldn't hold my breath for the government to save us from Apple any time soon.
  • Re:This is (Score:5, Interesting)

    by bky1701 (979071) on Tuesday July 03, 2012 @05:57AM (#40525411) Homepage
    "Patents were never meant to be used to try to kill competition."

    No, they were meant to prevent any form of competition until the patent expired. Somehow that is supposed to help us as a society by encouraging people to do... exactly what they had been doing since the Enlightenment started. Not sure whoever came up with that thought it through fully, but boy, have they been trying to justify it since!
  • by Flipao (903929) on Tuesday July 03, 2012 @06:06AM (#40525463)
    MS including a browser with the OS that had no regard for existing standards set the web back some 5-6 years. If it hadn't been for Opera, Firefox and later Chrome and Safari (on mobile) web developers all over the world might have hanged themselves by now. Yeah, they were evil then, they are evil now.
  • Re:Antitrust Anyone (Score:5, Interesting)

    by gl4ss (559668) on Tuesday July 03, 2012 @06:22AM (#40525535) Homepage Journal

    ..but ms+apple have covered their bases this time, can't accuse them of antitrust. MS,Apple and Nokia have thrown their dealings together, but the arrangements on licensing - and who sues who - are closed from the public(even if they're all publicly owned corporations, funny that).

    you see, this way MS doesn't sue their licensees for their other phones(that would be bordering on a no-no).
    this way Apple doesn't sue MS licensed products.
    this way Nokia+MS don't sue Apple. so effectively they're acting as one party, "by purely consequence".

    It's not a trust, it's just "licensing arrangements"(and backroom deals and handshakes, which again are not made public).

  • Re:Antitrust Anyone (Score:2, Interesting)

    by Anonymous Coward on Tuesday July 03, 2012 @06:34AM (#40525579)

    Well my dollars sure won't be bouncing around on Apple. Not only don't I buy anything from them, but even if in the future they were the only company selling computer devices left on the world, I'd actually just give up on computers.

  • by pnot (96038) on Tuesday July 03, 2012 @06:39AM (#40525597)

    I mean, MS included a BROWSER in their OS. ...and they didn't even give you a way to uninstall it! Now THAT is pure evil.

    Absolutely! Good thing I can uninstall Safari from my Mac, easy as -- wait, what's this?

    ”Safari.app” can’t be modified or deleted because it’s required by Mac OS X. [osxdaily.com]

    The article does mention that you can rm -rf it from the command line, but cautions that this "could result in abnormal system behavior or improper functionality".

  • Dear manufacturers: (Score:5, Interesting)

    by pla (258480) on Tuesday July 03, 2012 @06:46AM (#40525623) Journal
    Try building your crap in the US. It takes a hell of a lot more effort (and actual evidence presented in a real live US court as opposed to a shadowy meeting with a "committee" of one guy) to have a domestically produced product impounded, than to convince the largely unregulated and capricious CBP to impound something ill-defined.

    Domestic fireworks: Okay. Foreign candies with toys inside: Banned.
    Domestic hardcore humiliation porn: Okay. Foreign Playboys: Banned.
    Domestic overpriced mislabeled antidepressants marketed at kids: Okay. Foreign 100% legit heart meds for 1/10th the price: Banned.

    I don't consider myself a bit "HuAH, Made in America" fan, but hey, nice to have someone employed capable of buying your crappy phones, eh?
  • by Dynetrekk (1607735) on Tuesday July 03, 2012 @07:15AM (#40525733)

    Yeah, well, Microsoft lets you do things with your computer that are UNSAFE, like install software NOT APPROVED by them.

    I've got mod points, but I'll rather point out that on my mac I often compile and install software that has never been approved by anyone. Mac OS X is unix, so ./configure; make works rather often. I'm not a "fanboi" but I'm not too impressed by claims not supported by facts, either.

  • Re:Antitrust Anyone (Score:2, Interesting)

    by oztiks (921504) on Tuesday July 03, 2012 @07:26AM (#40525787)

    I bought a Nokia Lumia 900 today and what a phone! Apple should be scared and I'd love to see them try it on with Nokia because Lumia is so slick and so different than anything Apple. It's easy and it does everything the iPhone did, yes I've had iPhone 3, 3GS and 4S and I own an iPad and iPod nano. As for this retina crap it's just that, after getting used to the new Lumia I believe that any reviewer / tech mag that says otherwise is bogus and has Apple in their pocket because the screen on the Lumia IS BETTER, it's crisp, it's CLEARER and it's better utilized.

    I've paid my fair share of Apple tax in my day and I'm happy to say I AM EXCITED ABOUT SURFACE. I will be eBaying the iPad as soon as it hits shelves and getting the first gen model and I'm not worried about the old "never buy MS first gen" saying because Lumia has made it myth. If it's anything like my brand new awesome Lumia they have my money without question.

    Those issues with the Windows Marketplace, again myth, if you're a gamer you'll love marketplace as it links right into your xbox live. iCloud? New? Get on board MS has been doing it for years now, Lumia has successfully introduced it into the mobile world, elegantly and easily. Lastly, app range Marketplace everything you need minus the spam shit Apple allows in their AppStore as I DONT want a bigger app range I want a quality app range and Marketplace delivers.

    Apple, old school, outdated and interface wise? Cheap and basic, Lumia 10x sexier, better and easier to navigate and more importantly MAKES SENSE!

  • by blackest_k (761565) on Tuesday July 03, 2012 @07:38AM (#40525845) Homepage Journal

    Actually been in a situation where a guitar of mine was stolen in a burglary. I spotted my guitar in a second hand shop and was able to prove it was mine.

    But then hit a snag, the owner of the shop was able to say he bought the guitar in good faith, thus to get my guitar back i could compensate him by paying him for my own guitar or go to court and eventually get a judge to order him to return it to me. He wasn't allowed to sell it in the mean time so my stubbornness refusing to pay for my own guitar meant we both were out of pocket for a while.

    In the end the same people who sold him the guitar tried to sell him something else at which time he called the police and they were arrested some stolen property was recovered and the shop keeper gave me my guitar back with the hope of getting some compensation from the court for catching the thieves.

    I have to wonder if things would have played the way they did if I had caved and paid to get my guitar back.

  • by samoanbiscuit (1273176) on Tuesday July 03, 2012 @08:10AM (#40526013)
    I wrote a long screed about "teh Apple is evulz!". Then I took a breath, deleted it, and decided to say only this: If you are a user that prefers to compile and install your own software in a manner not explicitly approved by Apple (like a developer's licence), you should just keep your options open. At this point in the game, the OS X is more likely to change to resemble iOS than the other way around. Might not happen, but options are always good.
  • by andydread (758754) on Tuesday July 03, 2012 @10:56AM (#40527937)

    Your moronic analogy is well...moronic.

    The correct analogy is Ford and Chevy blocking you from using aftermarket compatible parts that were not purchased at the dealer. They don't do that. Apple on the other hand.......

    Another analogy would be ford and chevy forcing you to only purchase gas from the dealer.

    No one is trying to install incompatible android apps on apple platform as your analogy suggests. What they are trying to do is install aftermarket compatible apps on the apple platform that does not come from the Apple dealer. get it?

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