Florian Müller: When all is said and done, despite years of Apple litigation, Android will continue to be world’s most popular mobile platform

“When all is said and done including any appeals, Apple is not going to get an average damages award of $400 million per patent in a country whose chief patent judge said a $300 million damages claim against Apple over ‘one patent in a crowded field’ was ‘crazy,'” Florian Müller writes for FOSS Patents.

“Samsung will remain the global market leader no matter what Judge Koh and the jury will do or what effect certain methods of indoctrination will have, and Android will continue to be the most popular mobile platform in the world among end users and developers,” Müller writes. “In more than four years of litigation Apple has not been able to prove Steve Jobs’s allegation of Android being a ‘stolen product,’ and the five patent claims in California aren’t strong enough to change this.”

Read more in the full article here.

MacDailyNews Take: When all is said and done including any appeals, and just like with Microsoft’s wholesale ripoff of the Mac, Apple is simply not going to get justice. Heartening, no?

Lesson for the kiddies: Knockoff whatever you want, scoff at the “justice system,” make billions from stolen property, and good luck with Karma – hopefully she’ll be at least half the bitch to you that she’s being to Microsoft today.

Perhaps Apple should stop tilting at windmills and, instead of flushing money down the toilet we call “the justice system,” invest in a chip fab and other blatantly obvious ways that would allow them to finally stop doing business with and inflict at least some measure of punishment onto Samsung?

That said, certainly by now, if they haven’t always, Apple understands the difficulty of patenting “iPhone” and enforcing the patents, so it seems their desired outcome of all of this litigation is to continue owning the high-end smartphone market while reaping the highest possible royalties from Android while working to invent the next big thing.

BTW: The most popular platform for developers is Apple’s iOS. Developers tend to like making apps for those with money and the proven will to spend it. Android is an afterthought to be dealt with once you’ve coded and released your iOS app, if ever.

Related articles:
Apple v. Samsung II: Convicted patent infringer Samsung now claims all patents aren’t worth very much – March 31, 2014
Google is central to new Apple v. Samsung patent infringement lawsuit – March 31, 2014
Apple’s war on Samsung has Google in crossfire – March 31, 2014
Apple already has its first victory in new $2 billion Samsung patent infringement fight – March 31, 2014
Apple v. Samsung patent infringement trial begins today (link to live blog) – March 31, 2014


    1. Florian’s greatest misses were on the SCO vs IBM case, when he was employed by SCO.

      Let’s not forget he always has an agenda behind everything he writes and that he’s currently on Microsoft’s payroll.

      For Microsoft – and thus Florian – it’s best that both Apple and Samsung lose this case, either in court or in PR, i.e. the eyes of the public.

        1. Yes, the change was really striking, especially his bizarre recommendation of Haunted Empire: a la (paraphrased) “I haven’t really read it, but I recommend it anyway.” I had a modicum of respect for some of his analyses in the past (anti-SEP abuse, shock at Judge Koh’s refusal to ban Samsung products after the verdict, etc.) but now am forced to believe that his loyalty has been purchased.

        2. You are right, he was pro Apple and then all of a sudden he sort of veered left.

          Yes just another paid shill, reminded me of JD Power which claimed Samsung tablet is beter when it lost four out of seven categories,

          1. This is so true. His switch has been absolutely blatant. He even drops little lines in like ‘Android is my preferred platform’. I have no doubt that one of either Samsung or Google is now paying him.

      1. Florian Müller has had a computer agenda since he was 16, when he published his first book. He’s a paid consultant! He speaks for those who sign his paychecks.

        I’m not defending his record but I give him proper credit for comprehending and articulating the many patents pending Apple has filed in recent years.

        At the moment, he’s consulting for Microsoft against Google.

        I enjoy reading his many articles published here on MDN, for his insight, from which I take my inspiration to discern Apple’s trajectory into the future.

        It’s no secret, that’s all I’m saying. We all know his attacks on Linux and Groklaw have been met with scorn and ridicule. I’ll wager the preponderance of negative misinformation planted in the media about Müller, originated in the Linux camp.

        We all know Linux users hate the man.

  1. I’m pretty sure at this point that Apple understands it will never achieve any meaningful relief from it’s litigation with Samsung. One can only assume that it’s part of a larger strategy in a multi-front war to marginalize Android. Maybe by becoming enough of a thorn in Samsung’s side to nudge them over to Tizen sooner than later? If Samsung drops Android, then the majority of Android’s mid to “high” end devices evaporate? I think it’s important to remember that the ultimate objective in this whole patent war is to penalize Google.

    1. Divide & conquer. Touchwiz is an easy target in terms of an Apples to Apples (pun intended) comparison for the purposes of demonstrating IP theft to simpler minds. But all of the general UI concepts for Android were appropriated by *Google* from Apple inventions. Don’t get so hung up on the trees that you miss the forest.

    2. “Are you out of your mind? Going after Google by suing Samsung? Hello? Anybody home?”

      Yes, Apple would have a hard time directly suing Google over Android because it doesn’t sell Android, but court decisions against Samsung’s Android patent infringements are likely to apply to Android whoever is selling it, thus forcing Google to avoid infringement.

      “Tizen is not an attempt by Samsung to break away from Android due to ongoing Apple litigation but to form an independent platform with a semi-proprietary OS, following the Apple strategy with iOS as it were.”

      Samsung wants an “independent” OS so it can become independent from Google. How is that not attempting to break away from Google’s control? Yes, they would also like to be more like Apple but the first step to getting there is getting out from under Google’s iron grip on Android and the services they layer on it.

      1. You’re wrong. Apple is indeed seeking monetary damages as well as injunctive relief. However, Apple will almost certainly not receive injunctive relief, as courts are loathe to award injunctive relief in almost any circumstance.

        Plus, Apple can (at least according to the legal system) be made “whole” because the court can make Samsung pay licensing fees and other damage awards for violating Apple’s patents. In reality, this doesn’t make Apple whole because Samsung is now such a big competitor to the iPhone.

        But there was always going to be an alternative to the iPhone, and it almost certainly would have been an Android phone. Whether HTC, Motorola, or someone else would have become Apple’s main competition is unknown, but Samsung grabbed that title by being very, VERY aggressive both in its marketing, device manufacturing, and most closely copying the iPhone.

    3. Regardless of the litigation outcome, Apple can nevertheless score a win in the court of public opinion. As one commentator put it after the last big IP case: “My wife had no idea how much Samsung copied Apple’s designs and stole their IP”. This sort of realization may help many consumers choose to by the real deal instead of a copy-cat knock-off.

  2. Anything that’s close to a freebie, BOGO is always going to be popular. A BMW will never be as popular as a Hyundai. When it’s all said and done, Apple will still be taking in the lion’s share of the profits by selling the best iOS devices. Can’t wait to see all the new Android 64bit devices and all the apps that will quickly follow ….. 😉

  3. The litigation will never ends for a couple of reasons!
    First because will never stop innovating;
    Second because the competitor will never stop copying, its easy and cheap than invest in IP;
    Third because the patent system is broken and it must have a deep changes to actually protect the inventor;
    Forth because Apple has no other way to currently way to protect their IP.

  4. In the age of “if you like your health care plan you can keep your health care plan” what would you expect.

    In the age of Jon Corzine, famous Democrat Senator – Governor turned CEO of MF Global, who was CEO when his company stole about $2 billion of private segregated small investor accounts, and has never even been indicted, what would you expect?

    In the era when the IRS has been a goon squad of Democrat thugs that gets sent out to beat up conservatives, and the world does nothing, what would you expect?

  5. re “Lesson for the kiddies”
    One thing to add to the MDN take — when ripping off companies, don’t piss around with small scale efforts. Do it in a really, really big way. Small will get prosecuted and crushed. Big? Well – Winblows.

  6. I agree with MDN that Apple should do more about securing their component supplies from vendors who don’t steal IP from them.
    CPU, memory and display supplies need to move away from Samsung. I believe that Apple is trying but the volume of supply they need is huge and Samsung is the only one who can meet demand.
    TMSC is a good choice for CPU but still have a way to go in terms of volume and failure rate. Sharp were a good prospect for displays but it seems their internal problems are not going away and their productivity and quality are not good enough.
    Unfortunately Apple still have to protect their IP in the courts, otherwise they give them up.

  7. It’s also very misleading to describe Android as one thing. You’re talking about one codebase that’s been fractured into multiple versions and multiple app stores. The Google Play store, along with many Google services, are blocked in China, what many consider to be the ultimate growth market for consumer tech. You don’t think Apple knows they have a huge advantage there?

    And yet here’s Google, giving away a free OS, trying to make money on mobile ads, when most of their mobile ad revenue comes from ….. iOS devices. Some victory.

  8. I dispute Florian’s claim that Android is the most popular platform for developers. Maybe end users, but so what? When was the last time you saw a big time useful app (not some game) debut on Android only to read something like, “iOS to follow soon.”? It doesn’t happen. Developers know where the money is and what platform is most profitable for them. And, it ain’t Android.

    As far as smartphones go, I could careless that millions upon millions of mindless people use and carry an Android phone. Again, so what? There were millions upon millions of crappy phones and their users long before Apple showed up and started making phones. I’m just happy Apple did start to make a great phone so, that I can own one.

  9. The goal of the lawsuit is to stop convicted criminal Samsung straight up copying Apple’s _future_ products.

    If they manage to make Samsung even just think twice about doing it, then it’s already success.

    1. I agree, Apple is already victorious. Samsung has been exposed. Other companies like Sony and others industry leaders won’t stand around any longer and allow samsung steal their products.
      Google won’t be successful in devaluing smartphones to their advantage and more importantly, no repeat of the Microsoft successful theft of apple IP.

  10. The next time someone comments about Tim Cook and Apple not innovating. It can simply be said, ‘Why waste R&D $$$ for a WOW product that will be hijacked by talentless companies who are protected by the courts? So take your question about Innovation and look to the Microsoft’s, Google’s and Samsung’s of the world to get the next big thing premiere ‘WOW’ product you were expecting from Apple. Then you’ll see who really innovates!’

  11. Honda/Toyota will always sell more cars than BMW/Mercedes…does that also mean they are more popular??
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