The Garden of Good and Evil

Apple had its quarterly earnings call today, and while looking through the news a thought hit. The financials are proof positive that the lawsuits against Android OEMs and partners can never stop. I'll admit that it sounds like I'm wearing a tinfoil hat, but if you read through the data you'll find one thing that can't be ignored -- Apple makes all of their money on mobile. Apple sells very few (relatively) laptops and desktops when compared to any of their competitors, sales of the iPod are waning, yet they keep making billions from the iPhone and iPad.

Don't be fooled by the images you see online, with rooms full of MacBooks. That's part of the tech bubble effect, and if you were to put 100 "real" people with a laptop in a room, 95 of them would be running Windows. Or 96 if you count Bootcamp. Apple surely enjoys a high profit margin on the OS X hardware they sell, but it's a niche product. That's unlikely to change in the near future. Apple's money and popularity comes from their mobile offerings -- even Steve thought so.

Back to the original thought here -- Apple can't let its hold on the mobile market slip away. Android may have a higher smartphone market share and are slowly creeping up in the tablet arena, but sales of the iPhone and iPad keep growing as well each quarter. Apple has to keep it that way, and they see how easy it would be to lose their spot in the hearts and minds of the public.

Google, and to a lesser (but not to be ignored) extent Microsoft, is slowly gaining ground on the content side. In the U.S., you can get books, magazines, movies, TV shows, music and applications for your Android products right from Google Play. It's really easy, your purchases instantly sync across multiple devices, and things are competitively priced. The real difference between Google Play and iTunes is in the content -- Apple just has more. As this gap grows smaller and smaller (and it will, Google wants your money bad enough to spend their money), there will be a point where new users will look at device features and capabilities for the deciding factor. Long-time users of either platform are less likely to switch over, as your content doesn't follow you from iOS to Android (or vice versa), but new users who aren't invested have a choice. At one point, iTunes was Apple's cash cow -- the amount and quality of the content was what many users used to make their purchasing decision -- but that will change. Even Apple can't keep Hollywood studios and music labels from wanting those Googlebucks, and eventually other countries will cave and licenses will be negotiated. It may cost Google everything it has in its war chest, but it will happen.

When the content is equal, and users look at what the device they are going to spend $700 on, features and ease-of-use become the deciding factor. Folks on the Internet will argue mindlessly about lag or quibble over pixels, but the general public sees things like widgets and pop-up video players on big screens and they are impressed. Fanboy arguments aside, looking at a Galaxy S III beside an iPhone 4S, the iOS simplistic beauty is lost on many consumers. Lost to giant weather widgets and saturated 4.8-inch SAMOLED screens. The more features Apple can have stripped away from Android devices, the better the iPhone and iPad look -- and operate.

We hate (as in hate) the smartphone wars and software patent mess that goes on across the global courts. We would love to see innovators battle each other only with innovation, because we all win with awesome new features on both platforms. But that's just never going to happen. Apple can't let it happen, and when the "next big thing" comes along to take on Android (and it will) Google can't let it happen. Money makes the world go 'round.

 
There are 141 comments

As always, very well written... And a very good point... But, I still hate Apple

Tsudeily says:

+1

cashxx says:

Its very simple.......stop copying and the lawsuits will stop. How hard is that to understand?

All the Android smartphone makers and Google have to do is come up with something original like Microsoft did for once.

gogators813 says:

You should be more careful when claiming Android is copying. APPLE FOUND GUILTY OF COPYING!
http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-cl...

cashxx says:

Dont see how, I don't see scopeware being like anything Apple has? Apple isn't perfect.....they copied Sherlock back years ago and other things here and there. But looking at the whole picture Apple isn't as bad and sells its customers out like Google. To Google you are the product being sold to its customers the advertisers.

gogators813 says:

Well a jury was able to see how! Why would you think apple is loyal to it's customer base. apple is not your buddy dude!

http://www.youtube.com/watch?v=JBEtPQDQNcI

who did tablets first? Eh did Apple have an iPad sat in a draw somewhere in 1993?!?

mackie99 says:

Yes, it was called the Newton as far back as 1987. http://en.wikipedia.org/wiki/Newton_(platform)

Rancid88 says:

Apples copying goes as far back as xerox, that bullshit argument you bring up is as solid as apple is innovating, iOS 5 has a few features that look strikingly similar to those in android going as far back as froyo, so please come up with something new..

mwara244 says:

iphone 4s copied 5 features of android's os, and they get away with it because its an open platform. Apple can only litigate, they gave up on innovation. Now all they are doing is playing catch up to android, making their next phone with a larger screen, adding nfc, and copied google maps and put their name on it now to not pay google more money. F apple, how they die.

philnolan3d says:

Even the ipod was a copy of an invention by a British guy, they finally paid him off so he wouldn't sue a few years ago.

mackie99 says:

jayefef says:

A common system database search shouldn't have been patented though. A disappearing scroll icon counts as patented innovation? C'mon.

gogators813 says:

The proof is in the pudding. How do ya like them apples! Go back and report this fact to your imore superiors. Tell them to do an article about this. I would bet apples billions that imore wouldn't print any thing about DAVID GELERNTER! And how they stole his intellectual property.
http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-cl...

mackie99 says:

brendilon says:

"Good artists borrow, great artists steal" - Steve Jobs

gogators813 says:

steve jobs being the thief. He has gone on record as saying 4" inch phones are for porn. Rememeber! Android gives the consumer what they want now, apple decides what the consumer wants later. I bet your also proud of all the money you were forced to spend on app and music. What was that comment you made about selling customers out!

brendilon says:

Gotta say, speaking as an Android fan, you're leading the Android Troll pack from what I've seen. It's only slightly less annoying than the iSheep trolls.

uansari1 says:

Searching contacts and apps on your phone is copying? That Apple received such an idiotic patent is what is hard to understand...especially considering my Palm and Windows Mobile devices were doing that when the iPhone was still swimming in around in SJ's shriveled sack.

gogators813 says:

I respect you!

mackie99 says:

Bananaz4U says:

Samsung != Android

Cintax says:

Yes, clearly Apple is always original. I mean, just look at their notifications shade! It's not like they copied exactly what Android had been doing for years... Oh, wait.

I'd also like to point out that the main sticking point is that all of these companies keep getting patents on things which should not be patentable in the first place, which is the real issue. There's often a metric ton of prior art, but ignorant patent office clerks and judges don't understand the tech well enough to know that.

Melladon says:

You have to be trolling cashxx, or just super blind. This "Copying" thing is a revolving door.

gogators813 says:

ANDROID = MAVERICK - TC

apple = iceman - val kilmer

gogators813 says:

Hey apple stop trying to con the courts into getting Samsung to pay for the "JURY AWARDED $625 million" you legally owe DAVID GELERNTER!!!!!!!!! Jury equals everday people's opinion. That is exactly how society is going to view you apple. Thieves!
Didn't your mom tell you not to throw stones from glass houses. READ IT PEOPLE! JERRY PLEASE DO AN ARTICLE ON THIS AND LET IT BE KNOWN THAT IMORE WILL NOT COVER IT!

http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-cl...

matrix164 says:

thanks for that link gogators you learn something new everyday good find and i agree with you imore will cover it i like imore at times but to them apple can do no wrong

gogators813 says:

To all the imore trolls who keep saying ANDROID doesn't do anything that the iphone can't

YOU ARE FORGETTING THE MOST IMPORTANT THING ANDROID HAS THAT APPLE DOESN'T,
CHOICE,CHOICE,CHOICE,CHOICE,CHOICE,CHOICE,CHOICE,CHOICE,CHOICE!

cashxx says:

Along with: Fragmentation,Fragmentation,Fragmentation,Fragmentation,Fragmentation,Fragmentation,Fragmentation,Fragmentation

Flooding the market with junk just like PC vendors and Microsoft did. The Samsung SIII, HTC Rezound are good phones, but the rest and anything Motorola makes are junk.

gogators813 says:

Before you start calling companies like Samsung and LG junk, YOU MIGHT WANT TO OPEN UP YOUR iphone AND READ THE NAMES OF THE PARTS!!!!!!!!!!!!!!!!!!!!!!!!!!! YOU WON'T FIND apples NAME ON ANY PARTS OF MY SAMSUNG!!!!!!!!!!!!!!!!!!!!!!!!

gogators813 says:

You are probably using Motorola products everyday without even knowing it. I bet you were that same guy that had a Motorola Razor and said it was the greatest phone ever, back in the day!

Rizz1-2 says:

Fragmentation is not nearly as prominent as you make it sound. On top of that it has been found that iOS and its apps crash more often than Android.

http://www.forbes.com/sites/tomiogeron/2012/02/02/does-ios-crash-more-th...

Also the Motorola Razr Maxx is an excellent phone and has been very well received(also wont break as easily as a fragile iphone). Generally it seems people like it more than the Rezound, but obviously that's all opinion though.

dmcman73 says:

Ummmm...iOS is going to start seeing it's fair share of fragmentation as well. iOS 5 is not on a lot "older" iPhones and iPod Touches, those are stuck on iOS 4.3, the iPhone 4 got a stripped down version of iOS 5 then what was released for the iPhone 4S and I can only imagine what's going to happen when iOS 6 comes out. So you'll have a culmination of iOS 4.3 devices, stripped down versions of iOS 5 and now iOS 6. I say that's fragmentation right there as well.

Shadowriver says:

Fragmentation of features is really not a problem... even for Android.... you still getting lattest update with core updates and new APIs, Android for most users don't get even that.

Main issue is are APIs userbase, iOS developer don't have a problem to kick out support of iOS 3, since userbase is very small, Android developer have a problem kicking 2.2 since it's 11% userbase is hard to ignore. It's hard to use 4.0 and 4.1 APIs direcly if you plan to do one app for all versions with one UI, you need to use wrappers in order to make same UI to 2.2 using 4.0 APIs, or else you forced to make 2 (or more) diffrent UIs (like Instagram do). Android suffers the same problem as web development in past where uerbase don't migrate fast enoth makeing hard do something usibng new features, which turns in to developer pain.

For users, main issue is manufactures and most annoying carriers that want to make Android there own, overriding existing core Android software (and carriers overriding manufacture software... and hardware), maing it diffrent OS which requires diffrent updateing process, which to make thigns work Google don't have control, don't letting user getting latest things and sluging the migration process (most users won't buy new phone just to get new version of OS). iOS is same for all devices so it's easy to update (all they need is to equip it with right kernel for device) and if all Android use stack software everywhare it would not be a problem either. It's a side-effect of being open, you lose control over your own product, Google can't do much about it other nad liqify update process by helping manufactures in it's process. iOS don't have such problems at all.

bigrey81 says:

Dude apple was having samsung make screens and moto for antenna

n0obpr0 says:

+1

n0obpr0 says:

+1

bumpandrun says:

+1

crxssi says:

+1

THeys says:

+1

+1

Sebakl says:

+1 bow.... walk back... bow....

DrDoppio says:

+1

Gimik says:

Well I'm depressed now.

tailsthecat3 says:

Hilarious

vulcZ says:

Excellent read! Thanks a bunch, Jerry :)

Also, F Apple.

Shadowriver says:

It's not like Macs are not selling... thing is they mostly popular in NA, in Europe they are practicly non-existant, it's hard to find anyone here with Mac and if you find one he is usally or really hardcore Apple fans or hardcore video editor that prefers Mac. Mac always been weak like that, thru OS X doing better in desktop then Linux. So iPod and iTunes was there first real successes, Apple most profit from mobile sicne nearly 15 years now and Mac been put of the side and gone even more deeper after in to the shadows after iPhone

jeres88 says:

In all honesty, Macs aren't all that popular in NA. Go to any classroom, or to any business, or really anywhere that there is likely to be a lot of laptops/desktops. In most cases, with certain exceptions like some sort of mac convention, you will see a room full of PC's with 1 maybe 2 Macs. Their desktop/laptop market just isn't taking off.

DrDoppio says:

They are quite popular at the high end. Not seeing many Macs simply means not seeing many expensive computers, which is to be expected in classrooms or most businesses...

n25philly says:

There are more computers running Windows Vista than run OSX. Yeah, Macs do sell that much...

Miths says:

My father bought an iMac earlier this year (influenced I'm sure by his online photography buddies, I get the impression that Mac is still the system of choice for many with that hobby or line of work, despite many or most of the same image applications being available on Windows?). I'm 35 years old and if my memory serves me right I think it could very well be one of at the most a handful of Macs I've ever seen in private homes here in Denmark.

He still has an Android phone and tablet though :).

S_C_B says:

That's my Jerry!

mtcowdog says:

The bottom line is that we have significant competition and great products because of Apple. And patent wars are hardly anything new. We hear about current patent wars because Apple and Google and Microsoft are some of the largest and most profitable companies on earth. The other thing is that design and simplicity in operation take huge R&D. Android phones don't do anything that iOS phones can't do. There are simply different takes on this whole new world where our primary computers are our phones.

Apple has been one of the most innovative companies, ever. So has google. That competition will continue, and we will benefit. To get worked up about the gamesmanship is silly. Pick the best product for your needs. That's the power of consumer choice. For this consumer, the best products are a mix of devices and services from both Apple and Google. I am an Appoogle fanboy who won't lose one ounce of sweat over any of the patent wars, no matter how they turn out.

robotaholic says:

"Android phones don't do anything that iOS phones can't do."

Uh, you can send files over bluetooth, you can drag and drop media to and from your computer, there are widgets, removable batteries and SD cards, you can actually have a file explorer!, you can set other apps as DEFAULT such as the browser instead of having to copy the address and go to your browser of choice and then paste the link, you can select your favorite keyboard...you can attach multiple files in the email application instead of just pictures (LOL), you can truly multi-task instead of the 'freeze' joke that is iOS... the list goes on and on.

You are just factually incorrect.

Also, the front facing camera on the iPhone 4S and "the new iPad" is .3 megapixels! The processor is limited to only 800 megahertz. What a piece of crap iOS is.

Well said +1

bumpandrun says:

+1

allmotor91 says:

Jailbreak and you can do the same things. You talk like every android device has those features. I'm sitting here on my nexus 7 and don't see any SD card or removable battery. And that 800 Megahertz iPad post better scores and is smoother Running than any other tablet or phone. Time to take the bliders off fanboy.

KineticMD says:

It's fine to bring hacking into the fold just as long as you allow Android the same courtesy.

Root an Android device and the feature gap between it and iOS grows another few country miles...

gogators813 says:

You conveinantly picked ONE of the "MANY" choices we have to compare against your lonely one. @allmotormouth

mhmmdy123 says:

Yuh, the Ipad should run smoother than any Adroid anyway, the reason for that, the Ipad it had limited Apps and it has no flash. That`s why running Smoother, but the running apps and the flash on it and you`ll see how it`ll run.

duplissi says:

the performance difference (as in perceived performance, because android tablets are usually quicker to open apps and switch between them) will be a thing of the past. jelly bean actually runs at a higher frame rate than ios does.

storm14k says:

Negative. Tegra 3 has been shown to outperform the iPad in everything but graphics. And even then only in synthetic benchmarks did the ipad lead. When simply looking at the games the Android device showed more detail.

cnraghu says:

Obviously you haven't gone past the first post on android central.

http://www.androidcentral.com/how-use-your-usb-flash-drives-nexus-7-root

And check the iFixit for Nexus 7. Though not removable battery cover, it is the easiest to replace the battery rather than pay a premium price.

iucidium says:

Nexus 7 - made like that to keep it CHEAP.
iPad - almost same cost to build, sold at almost 3x cost price.

crxssi says:

+1

gogators813 says:

Now talk about how long it took iphoney to implement those things. Long after Android. apple is always playing catch up and then claiming name to fame game!

Sebakl says:

+1 and a beer !
And you didn't even had to mention Total device automation, based on time, device position, location, date etc... (TASKER)...

SirGoogle says:

+1

The list may go on and on, but the list you gave pretty much said it all. Well said!

mtcowdog: I would agree if all these guys did was extort money from each other via patent infringement suits but it's a different story when products get banned from a market like the recent case of the Galax Tab 7.7 in the EU. It's Apple who's directly impacting consumer choice in a supposedly free market. I'd be pretty upset if I was in Germany and wanted a Galaxy Tab 7.7. But they didn't ban the 10.1... go figure.

aergern says:

The one thing folks never talk about is when Google actually gets directly involved. This will most likely put this crap to rest. Also, when Google starts a huge campaign looking like David against Apple being Goliath ... and actually lobbies Congress to get the patent system ripped apart and redone ... then we can talk.

So far it's Apple vs. a bunch of OEM's ... let's see what happens when the relatively sleeping giant wakes up.

randyw says:

+1

toukale says:

When google gets involve with what? I always see folks post things like this and I keep asking what? Google is patent poor. The patents they got from the moto deal are all basically FRAND. They went and bought some from IBM but that's about it. When it comes to touch things, apple pretty much got it covered. Search which is their main thing and they don't even have that covered since they were not the first to search. Let's see, how will they put a stop to it if they are patent poor, does not have the deeper pockets than apple?

gogators813 says:

You seem to forget that Google is the people's choice. Key word being choice. Free society will always win over a dictatorship. Open source means choice. By the time you apple-ite's get your mind blowing phone released, once again in about a month it will be old tech. All the while each of the oem's across the world running Android will be pushing the envelope.

storm14k says:

Apple wasn't the first company to use touchscreens. Patents can be invalidated. Ask Oracle.

gogators813 says:

Nothing but respect for you!

sparkeater79 says:

Mtcowdog. How can you say Android phones don't do anything that iOS phones can't do? The first thing that pops into my mind is the Widgets and the pure customization ability of the android.

NavyVet420 says:

When is Crapple going to innovate rather than litigate? Seriously, why not just spend the billions actually making a new product, instead of trying to prevent others who are leaps and bounds ahead of you, in A: the phone market and B: the OS market.

IOS is a hack of a program. It locks down the user into what Crapple wants YOU to see and use. Unlike Android, iOS is just crap. Crapple stole the idea of the iphoney from Samsung..

As long as Crapple sits on $500 Billion in cash, America and the smartphone market is Fucked

robotaholic says:

They have ~ 100 billion in cash, their market cap is ~ 500 billion. Big difference. Google has ~45 billion in cash.

DrDoppio says:

Google never stops inventing stuff. Their projects span everything from self-driven cars through wearable computers through software to space expeditions.

toukale says:

Yes they have not innovatate, they stole ios from samsung, got you there... idiots one is born every second.

allmotor91 says:

Can't be any worse than your English.

mfriedman79 says:

It really is depressing just how spot on Jerry is here. With their drop in sales (albeit for any other company their numbers are still outstanding) they will continue to litigate against any and all competition versus evolving their product line to what the consumer is asking for. Unfortunately, the vast majority of the blame still resides on the USPTO who still can't figure out how to determine prior art or obvious and improvements to existing design which are not patentable.

I truly hope we see changes in the USPTO and other patent entities around the world soon. The patent system in general is 100% needed and provides a great incentive to innovate in a large number of industries, but there needs to be drastic changes to how how software is looked at as the R7D and time to market and iterate with software far outpaces what the current patent system is designed to protect.

Plus it wouldn't hurt if the patent/trademark guys would pull their heads from anus once and a while and realize that you shouldn't be able to patent extremely vague, non-specific, obvious evolutions of products just because technology has become cost effective to support it.

Spot on Jerry, very well written article.

robotaholic says:

Excellent Jerry. Also fuck Apple! #BoycottApple

allmotor91 says:

And how is that working out for you? I love how all the boycott Apple tards would not have bought anything from apple anyway. Good luck with that. You should boycott air.

Ummmm... Apple is nowhere near as important as air is,, -_-;

robotaholic says:

It is working well. I pay less, get more, and don't act snobby. Try it sometime.

Also, the anti-Apple sentiment is growing really fast right now. If you don't believe me look at what has been trending on Twitter & G+ lately. This was unheard of until recently.

Wookie Claws says:

Well written and thought out. I tend to think that right now Apple is in a state of Flux. Steve Jobs isn't running the show anymore; Apple has to find a new groove and until they really get into one the best tactic is to try and stall competition...via patent lawsuits. They take forever to be decided, interim injunctions can be filed to stop sales or compromise functionality...*cough, cough - search bar - cough, cough*.

In at ideal world companies would step up to competition and dazzle the market with the new better greatest thing and win the hearts and minds of the masses that way. It seems to me that the lawsuits make the Apple fans puff their chests in righteous indignation but it just pisses of the Google fans. IE: I'm even LESS inclined to buy an Apple product than I was previously. Once I found PowerAMP a couple years ago I quit using my iPod touch as it was then redundant. That's just one example of how Android and it's ecosystem has continued to grow and innovate. For Apple to survive and flourish it will need to do the same thing.

Commodus says:

Well-written, although I think it overstates Google's case in some areas.

First: every Google media service that isn't completely free is failing. Badly. Just as that tech bubble makes it look like everyone owns a Mac, visiting a site like this would make you think Google Play Music and Movies were inches away from iTunes. They're not even close to Amazon, let alone Apple. Why do you think the Kindle Fire had its brief burst of glory? It has a content store people are familiar with.

Speaking of tablets, that's the other beef. Android isn't creeping up right now. At last check (we have yet to get the full Q2 figures), the Kindle Fire crashed as soon as the holidays were over. It's still the most successful Android tablet of recent memory, but that's like calling the Trabant the most successful Soviet Bloc car -- it doesn't change poor existing sales and the sharp drop-off once people got bored. Before you bring up the Nexus 7, remember that tech bubble and how nearly all its sales are to people who know Google Play sells devices (very few) or who stumbled across the one or two units sitting at the local Best Buy or Staples before it ran out of stock (also very few). As long as Andy Rubin wants to sabotage Android tablets by refusing to properly encourage and market tablet-native apps, the iPad will stay out in front.

One of the mindsets I see creep up on a lot of Android fan sites (and this is from someone who has both a Gnex and an iPhone) is this sense that Google's success isn't just likely, but 'inevitable.' That people see a Galaxy S III (whose conspicuous software highlight is a Siri knockoff) and can't help but gravitate towards it like an Android black hole. Android's share is large because it catches niches Apple doesn't care to serve -- the ultra-cheap devices important to the developing world, and the Bigger Numbers Are Always Better camp (i.e. the type who shops by the checklist first, and finds out if the phone actually works well later). The GS3 is helped because it shipped in May where Apple likely isn't shipping until October. Google not only doesn't automatically deserve a monopoly, it should never get one; it needs Apple to stay honest and prevent those ongoing antitrust investigations from forcing restrictions on what Android can do. Microsoft and RIM certainly aren't about to take over Apple's position.

dcds says:

"As long as Andy Rubin wants to sabotage Android tablets by refusing to properly encourage and market tablet-native apps, the iPad will stay out in front."

Please stop spreading lies and FUD. Everytime Rubin talks about this issue, the "tech" media (i.e., Engadget, Gizmodo and the likes) twist his words entirely. But here the audience is brighter.

I point two reasons for people to say that: 1) they probably have APPL shares; and 2) they think because iOS is severely limited, requiring the developer to also write a new application to iPad (or resort to crappy techniques like conditional compilation, which is the same effort-wise), Android probably must be the same. After all, Android copies Apple, right? Riiiight? Same inferences probably apply to both, you think.

Unfortunately, these same tech site editors that open their mouths before educating themselves, can't see that Android development does not need a different application. You develop for *both* phones and tablets. And also phablets, TVs, programming boards, headless computers, you name it. Yes, you *do* make metrics and stuff specific for tablets, but you don't *need* to create an specific, *different* app to target the tablet format. Do you see the difference? While Android needs specific resources for tablets, it doesn't need a full fledged app.

And mind you, I don't hate Apple, at least not until this idiotic patent trolling began. I always admired their commitment to design. They were one of the first to seriously take modular and vector design in most areas when the Wintels were stuck to the pixel methodology (remember the font hinting feuds). However, ironically enough, Android is the first OS (with mass appeal) to implement a truly size/resolution independent interface. At least one that feels seamless when developing for different sizes.

Apple was a genius of innovation from the iMac to the iPhone (I don't consider the iPad a genius move like the iPhone, sorry). But it's clear to anyone impartial that they are losing in the innovation field. Now, they are just riding it. It's classical behavior: like Gandhi said, "ignore, laugh, fight, then you win". This patent nonsense is the 3rd step. I bet my bottom dollar that Apple will lose this battle to either Google or Microsoft.

===> TL;DR ===> And this leads us back to what Andy Rubin said: he was/is addressing the bad iOS habit to publish two different apps (ex.: "CNN" and "CNN tablet"), one for tablets, one for phones. He was not saying the app should provide the same UI for both.

One Android app does not imply same visual experience. This reduces maintenance costs and time.

I hope I was clear enough and I don't need to make drawings. Please, please inform yourself before talking about subjects you don't understand.

storm14k says:

Except whenever we see any kind of device share make up its not the ultra cheap devices making up the share. Sorry but this is iFool myth. On top of that an iPhone 4 is only 49 bucks. Most equivalent Android phones cost more.

And please folks PLEASE shut this crap up about native tablet apps. That's an iOS problem. An Android app is an Android app and no they don't just scale up. You build a different layout that you want triggered on a screen size of your choosing. Minus slightly different handling behind the scenes that's all there is to it. So if you are waiting on some Applesque type 100,000 tablet specific app type announcement then sorry to tell you but it ain't coming. There is no distinction. If you don't try each app to see if the interface switches then you won't know.

vansmack says:

Apple does it because the system allows them to. It's the Patent Processes across the globe that need to change, not Apple.

gogators813 says:

So if the president said I get one free shot in his face, does that mean I should do it?

DrDoppio says:

Yes, if he's republican.

robotaholic says:

Apple doesn't have to immorally take advantage of the laws though. They have lost all connection with ethics.

NoreenD says:

There's no doubt in my mind as to the fact that Apple has a huge bank account and following of consumers (fans). I've always welcomed the fact that people could choose the product that suits them best. If a person wants an Apple smartphone, then that's their decision. Fine then. But there should be other choices in smartphones, and that's where competition comes in. We should not be limited to only one company's phone creation and one kind of operating system. There needs to be a diversity. Apple seems to want to eliminate all other smartphone competitors, especially one that is gaining consumers and money, and they will try to do so with lawsuits. Many smartphones share similarities from the appearance, basic features and functions, and operations in general but they still have differences that distinguish them. I interpret, through Apple's own actions, that they are conveying a message like, "Oh sure...You can make your own smartphone, but it can't look like a smartphone,or even work like a smartphone, because, we feel that it resembles our phone in every way. Sorry, you lose." Well, what company would dare to try to create and continue to innovate such a product when they are going to be sued? It squashes out competition. And that's the message Apple is sending. I say, let the competition create their products, too. And may the best phone be whichever works best for you, and not something that only one company says is the only exclusive choice.

dan4patriots says:

why is this on android central?

Commodus says:

Because living in a cocoon where you pretend Apple doesn't exist and hasn't directly influenced Android (just as Android has influenced Apple) isn't a healthy way to embrace technology.

I've seen some virulent fans on both sides of the fence, but the worst these days are the Android supporters who intentionally shut out any bad news about the platform. In this fantasy world, Samsung never copied Apple in any way, the iPhone itself was a copy of a phone that was never shown to the public before the iPhone was unveiled, and there's nothing wrong or illegal with abusing standards-based patents for lawsuits as long as you weren't the one to sue first.

This is another great article it's always great to come here and read the truth. Yeah we all have to except this Apple lawsuit mess BUT one thing holds true apple will "NEVER" stop android as a platform nor will they prevent any of their OEM'S from producing MUCH BETTER products than what apple can produce. It's really beyound me as to WHY anyone would want or need any apple product i just wouldn't want any iphone or ipad..not even for free. Samsung has made apple name that tune in one note and has embarrassed every product made by apple these last 2years. The simple truth here is that nothing apple makes is innovative it's pretty boring and it's actually sad that the entire IOS platflorm is playing catch up to android in so many ways. Google should just take all of their suite of applications away from that platform ie, youtube,google chrome,gmail,googleplus, and any other google application and watch how much more sorry that platform becomes. In today's world nothing beats Google/Samsung like it or not the BEST exist on android NOT IOS..

Shadowriver says:

"Google should just take all of their suite of applications away from that platform ie, youtube,google chrome,gmail,googleplus, and any other google application and watch how much more sorry that platform becomes."

Do you seruiesly belive they would kill huge portion of there mobile userbase?

"Do you seruiesly belive they would kill huge portion of there mobile userbase?"

People tend to forget that Google's real platform is advertising. Android, like GMail, search and everything else they ostensibly give away for free, exist primarily to support this advertising which, in turn, supplies over 95% of Google's revenue.

As such, Google has little interest in removing their apps from iOS. To the contrary, I expect Google to double their efforts on improving the Google experience on iOS since, currently, it provides more of their mobile advertising profits than Android.

Like it or not, an iOS user running Google services is just as valuable to Google as an Android user.

gogators813 says:

Actually if you look at Google's platform in the last 5 years it has been an evolving platform. Not just phones, not just tablets, not just google t.v., not just mobile, not just advertising, just alot of everything! They are willing to expand in all aspects of the tech world.

squiddy20 says:

"It's really beyound me as to WHY anyone would want or need any apple product i just wouldn't want any iphone or ipad..not even for free" Well I guess common sense is "beyound" you too if you can't figure out this very simplistic thought. Some people don't want the complexity that is Android. Some people don't want to deal with the myriad of customizable options out there. Some people just want simple, easy to understand, tech that "just works". Something that is virtually the same from what came out 3 years ago to the present and is the same across phone and tablet. Also, just because ignorant little YOU doesn't want an Apple product, doesn't mean the rest of the world follows your stupid, faulty logic. How slow are you that you don't get any of this?
" Samsung... has embarrassed every product made by apple these last 2years." And yet the iPhone still sells millions more (with a higher profit margin) than Samsung's top 3 smartphones combined. Yeah, Apple is sooooo embarrassed.
"Google should just take all of their suite of applications away from that platform ie, youtube,google chrome,gmail,googleplus, and any other google application and watch how much more sorry that platform becomes." Obviously you have no clue how stupid that idea is. Here's why: A) Because Apple already offers it's own suite of applications that pretty much mirror Google's offerings, and the vast majority of people don't care enough to try and change it. B) Google would lose a good bit of ad revenue if they were to even *think* about doing what you so stupidly suggest. C) For those iPhone users who do use Google's services over Apple's (which is a compliment to Google), they'd surely be pissed off that the apps are suddenly unavailable. You have no clue what crap you're spewing, as usual.

I agree with much of your reply and it is obvious that squiddy20 is reacting on an emotional level(this really pisses a lot of people off) but you are incorrect as to sales levels. Apple sold somewhere south of 30 million phones - either 26 or 28 million or there abouts for Q2. Samsung sold 50 million smartphones in the same period. They sold 10 million GS3s in the last few weeks of Q2 alone. That was before the roll-out of the GalaxyIII accross all U.S. carriers, so that pace will accellerate.
Hopefully they will get a bump from the iPhone 5 later this year. There may be a problem with their customer base though in terms of many still being on contract with their 4s phones.
Then in what may be a truly epic turn-about, Motorola may refuse to cave on the licensing fees for it's streaming codecs and succeed in banning the import of the iPhone 5. That would truly be karmic payback on a cosmic scale.

ghostbug says:

Loved your article Jerry. And as usual your right.

Sadly I can't blame Apple. If the ref is going to allow you to bash your opponent over the head with a chair, then why not?

crxssi says:

>"If you were to put 100 "real" people with a laptop in a room, 95 of them would be running [MS-]Windows."

And 4 would be running MacOS. And one would be running Linux. Only one of the users in the room is truly free, although it was a fight to get it on that damn laptop with stupid WiFi working...

Good one. Been there...

dlhandler says:

+1 great job ... and f apple

joshua.worth says:

+1

rj says:

Insightful. You're very right. Money makes the world go 'round. The fact is, both companies will go to both ends of the earth to win. Despite everything we believe, I think we all know that if google was in apple's position, they'd be acting pretty much the same way.

C'est la vie.

DrDoppio says:

"we all know that if google was in apple's position"

Microsoft is kind of in Apple's position regarding patents, but they don't behave like frigid bitches and license their IP. Why would Google be more like Apple than like Microsoft?

hodan says:

Apple is in serious trouble. Their innovator is dead, they have legitimate competition in all product lines, and their resources and energy are being spent on lawsuits and developing $2000 laptops.

They're also addicted to proprietary standards. Ask Sony how successful that long term strategy is in the consumer electronics market.

Granted, they've got another year or two of huge profits...but think about what the Samsung Galaxy VI looks like in 2014 compared to the iPhone 5.

Not to mention MS getting into the enterprise space with their fully functional Intel tablets ... companies have no option but to buy iPads right now. I wonder what platform will run Office better?

Apple can have these battles. But they won't win the war.

gogators813 says:

I respect you sir!

How does one win the war?

gogators813 says:

No government will allow any coporation to monopolize their respective market.

Common, hodan. Be reasonable. By 2014 Apple will have the iPhone 5s...

gogators813 says:

One more time for the people that may have missed the post. C'mon AC do a story on this!

APPLE FOUND GUILTY OF COPYING!

http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-cl...

storm14k says:

Truth is a lot of people have believed a rewritten history about Apple. You can see it every time a fanboy says market share doesn't matter. The success of the iPhone is imposed on all other Apple products. People forget that Apple doesn't sell that many Mac Books and even with the high margin it doesn't make them much money. Apple started making insane profits when the iPhone started having high sales volume. Sales volume times is basically market share....the thing that makes Apple money and fanboys like to claim doesnt matter.

The real problem with Apple being dependent on mobile is that mobile is increasingly more and more about cloud services. Now if you think Apple is going to compete with Google on services you'd have to be crazy.

Shadowriver says:

You forgeting about iTunes :p

"saturated 4.8-inch SAMOLED screens"

Lol, Jerry.

philnolan3d says:

Unfortunately for them every new lawsuit dirtiest up their prestine image a little more. They can't win without changing how they do business.

dcw1979 says:

Today's technology is today's technology. Each manufacturer is trying to (one-up) the other to make their product look better then the other. Apple Inc., found a way to do it with the iOS devices in iPod, iPad, and iPhone. What are they protecting? Why are they protecting it? Who benefits from it? First off, Apple is protecting what they think is theirs. Patients pour into the US Patient office each day, and that's the same with the FCC. If Apple is first, then they are awarded with the Patent Technology.

Why are they protecting it? So they can have the dominant product in the market. iPod, iPad, iPhone and iTunes have the the backbone of Apple since the iTunes Music Store came to light.

Who Benefits from it? Ah..... we do, and for good reason! Apple is trying to make (and has been) a product that the consumer can just use. Simple plug and play operations that doesn't confuse the crap out of you when you use it, it's simple looking, easy to use and has multi-function capability! What has that? iPhone, iPad, iPod and even the MacBooks.

Granted, Apple does need to back off on some of the technology patients against ANDROID. Andy Rubin (Google CEO) used to work for Apple, so It's no surprise that there is a patient dispute between Google and Apple. But hey just remember this. Apple (UNIX) and Android (LINUX) are based off the open source standard, however the UNIX for apple is locked up tighter then a ticks butt. Android (LINUX) is more open source then UNIX, giving Android more flexibility to be shared rather then proprietary to a descreat hardware device. That is why you see Android OS on Sony, Toshiba, Motorola, HTC, Samsung and LG. If it was vice versa, Apple would be in Google's shoes as we speak.

Shadowriver says:

OS x and iOS is not Unix, it's Apple's Darwin kernel which is fork of FreeBSD, toghther with Linux they are both pseoudo-Unix system, both work like Unix, in both you can compile same code and it will work the same, because both of them behave same as Unix. Bah, if you look on iOS via jailbreak you can see exact same code software that running in Android :p

Also, Android using Linux is not cause of fact that lot of manufactures using it, yes they use Linux because it's open source, but real reason is fact Google didn't want to waste time making there own kernel for the system, and Linux is most popular and open system in range of theere hands. They could as well send closed code system to manufactures... same as Windows Phone always did

Panos22 says:

Well said Jerry , thank you for the nice article.

_X_ says:

Love the title.

It's what I've been saying for a while. Apple's motto is:

"Why innovate when you can litigate"

I remember a time when Apple was the 'Little Guy' fighting monolithic arch rivals. How times have changed. I owned a few Apple products years ago before they became the Shining Path. Don't think I ever will again. It's hard to say who is the biggest culprit in this, Apple for trying to protect IP(if it is indeed theirs) or some of the short-sighted officials working in the patent office. Many of Apple's patents are so broad that they should be invalidated. Many are analogous to Ford patenting assembly line production, or someone patenting the internal combustion engine.

The press has not been entirely helpful on this either. For example it's getting so tiresome to see the same photos of an iPhone side by side with a Samsung phone with the Samsung app drawer diplayed. Really. All the iPhone is is one big app drawer. It does not have an analogy to Android desktops. The fact that those photos keep cropping up underscore a press bias against Android, when they could easily show the view of a Samsung phone desktop instead. As to infringing on Apple 'Business Dress'... what - 4 rounded corners and a black bezel. Luckily Ford didn't patent/copyright black cars with 4 wheels, a gas pedal, a brake pedal and steering wheel.

Right now Apple and Motorola are in a dispute over certain types of streaming patents Motorola owns. Apple expects fair use of these standards because it would hurt business otherwise. Yet they beleive they can weild that same sort of club to their advantage when it comes to interface issues.

Here's a prediction: Apple may win on some of these big patent issues but will find the case over-rulled for the 'greater good' of the entire smartphone industry just like the case where a jury awarded David Gelernter 650 million in his patent dispute with Apple which was also overturned (for the greater good?) I Think/hope Apple is going to find themselves eating a giant shit-sandwich for if nothing else, karmic payback.
see: http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-cl...

tblack2#CB says:

So I guess when iphone 5 comes out with a big screen that looks like an android, apple will get an injunction against itself. Or more likely an injunction against androids because they were the first to have big screens.

KPCallahan says:

So pretty much get your new devices now, cause they'll be banned soon...My hate for apple grows evermore.

overfloater says:

Spot on, Jerry.

Apple has been around for a long time. And fans will tell you they've been turning out the same high quality products and innovation for years.

Yet...

... it's only since 2007 that they've suddenly hit the jackpot.
... it's only since 2007 that they've been in the news every. single. day.
... it's only since 2007 that they've had mainstream success to the point that that even technophobic grandparents are familiar with their brand and product names.
... it's only since 2007, or more recently, that Steve Jobs became a household name to rival Bill Gates.

It's only since the iPhone that they've had a product that's put them at the forefront of mainstream media attention. ALL their sudden success in the last 5 years has hinged around mobile.

And the problem is that they're stagnating in that area. In their key business area, they are failing to move forward much beyond their initial product.

Little has changed noticeably in the iPhone since the 3G, beyond increased screen res and incremental hardware and OS improvements. The 4S was a flat-out disappointment to the slavering masses. Ditto for the iPad: little has change beyond screen res in 3 iterations over 2 years. Apple did well to introduce both devices, and to garner public acceptance of each, but after the initial product hit the shelves the whole "innovation" thing tailed off -- despite all their marketing to the contrary, and all the mindless regurgitation of that word by fanboys.

And during that time, competitors have actually been innovating, making bigger strides, and increasing their market share. After all these years, after all their efforts to get the public to accept the Mac en masse, Apple finally gets their time in the limelight with mobile... only to have it begin to slip from their grasp due to their lack of forward movement.

So, in the absence of innovation, what else are they to do to maintain hold on their glory from products that will otherwise quickly become passé? One option: shoot down the competition. And keep shooting until they can come up with some kind of innovation that gives them a significant competitive edge again. Because endless "retina displays" aren't going to do it.

If they don't manage something pretty impressive with the iPhone 5 (or whatever it will be called) -- and I mean really impressive, not something in the same vein as bloody Siri -- they will fade back into obscurity again within a matter of years. They're starting to look like they could become the high school jock who got one spectacular touchdown and never again managed anything remotely notable. The iPhone 5 has to be their "slim down and get back in the game" phase... otherwise they'll be forever stuck reliving past glories and putting down anyone else who tries to steal their limelight, even though they've packed on 40lbs around the gut and have had no new moves to show off for years.

techtakes says:

Well said, Jerry, and hooray for objectivity over fandom. My business has an iPhone 4s, a Galaxy s III, an EVO 4G, a Windows Phone 7 Lumia 900, two iPads and a Nexus 7, all bought strictly on their merits. We also are about equally split between Windows and OS X, with two Windows mega-Desktops, three Mac Minis, a Samsung Series 9 and a MacBook Pro Retina.

But I LOVE Apple and Google and Microsoft and even Samsung (much as I dislike Touchwiz, but that's another story)-- because without all that competition n the product arena, our devices wouldn't be nearly as awesome.

And I HATE the patent wars, because they do no one much good, cripple products and rarely drive innovation. I mean, I just lost Unified Search on my Galaxy s III because of a stupid firmware upgrade that has to have been driven by the lawsuits.

BUT I gotta say, when I unboxed my Galaxy s III, I howled with laughter at S Voice -- obviously rushed to market about a year before it was ready, because some Samsung executive barked "I WANT SIRI!" Look, I don't mind that Samsung copies Apple, but it's obvious to THIS customer of both companies who's copying whom. And I humbly suggest to Samsung they stick to their knitting and do what they do best, which is AWESOME hardware and displays. Not software. Even the proprietary Samsung software on our Samsung Series 9 Laptop is pretty lame. You gotta load 5 different background programs -- mostly devoted to the Apple-like touchpad -- every single time you log in, which makes reboots a nightmare. Anyhow, guys and gals, PLEASE back off a bit and look at the big picture before hating any of these outfits. They all do innovate, they all steal smart, and the result is a golden age of gadgets for all of us users to enjoy.

Now if y'all will excuse me, I gotta close up my MacBook Pro Retina (running superfast on Mountain Lion), and grab my Galaxy s III and my Nexus 7 to make an appointment. :-) (But Google better give better local storage options on the Nexus, or I just may nab an iPad Air, or whatever they'll call it, soon. Isn't competition wonderful?) techtakes

mackie99 says:

Apple isn't doing too bad with it's iPad... http://blogs.strategyanalytics.com/TTS/post/2012/07/25/Apple-iPad-Captur...

Global Tablet OS Market Share % Q2 '11 Q2 '12
Apple iOS 62.0% 68.3%
Android 29.3% 29.3%
Microsoft 4.0% 1.2%
Others 4.7% 1.2%

The other side of that coin --

Apple's share of the tablet market shrunk from ~92% to 65% when OEMs started making Android tablets. Android jumped from zero to ~30% in that same period.

We played this out for smartphones back in 2009. Look how that went.

Shadowriver says:

And to think how people bashed and laugh of tablet with mobile os when iPad was first annouced :p

Wuud52 says:

Thus, the real reason I believe companies like Chair will not release Infinity Blade for Android. I believe Apple made a special arrangement with them to try and differentiate themselves from Android.

horacenick says:

Apple may have stumbled badly with its new Mountain Lion upgrade. It leaves computers older than three years out of the upgrade cycle. I have four computers that are “too old” for the upgrade with include a MAC PRO desktop, I-MAC, Macbook Air, Mac Book Pro. If the window of support is 3 years for mac products then there is no reason they are better than windows. Apple may build better machines but durability means nothing if they aren’t supported. This may be a big chance to win people back to windows 8.

zakth says:

It's not so much that these companies copy each other. In many cases you have people and companies that patent ideas and features then sit on them for long periods of time until a larger company buys the patent then sues others who might be infringing on it. It happens all the time.

Now if Apple wanted to do something smart for their business they wouldn't charge the carriers tons of cash to sell their iPhone. For Example look how much they charged Sprint to carry the iPhone. All the major carriers in the US has the iPhone except for T-Mobile, and a number of regional carriers are starting to get the iPhone now too. Get it out there on all carriers big and small would be the first step for them, like Android has done. Next step is come out with more than one choice of phones. Make a larger screen version and then shall we say a traditional sized version with each new model. Also come out with new models more frequently like Android Does. My first Android phone was the Samsung Galaxy S Vibrant and 3 month after I bought it there was the Galaxy S 4G Which was nothing more than a Vibrant that added higher data speeds to it.
The big thing in my book that Apple has over Google is iTunes for the computer to easily sync your music to your phone. Google has yet to release a music player for the computer to easily sync your music movies and apps you've purchased like Apple has done. Then again if they did something like that Apple would cry fowl even though Microsoft allows you to sync your windows phone with windows media player.

Google and the other Android Manufactures along with Apple should stop all the lawsuits which in the end are just costing us more to buy their phones and use each others technology and see who can truly make the better phone that the people want. It would the like a court of public opinion at it's finest.

Yarnicus says:

This is just stupidity. Technology is driven by competition. If apples scared then make something to convince a million plus people per day to not buy android. Grow a pair and stop suing

p.s Good work as always Jerry

kgk1985 says:

Apple is anything but innovative.... they have a nice camera, ill give them that... outside of that, they are very limited on everything.... let's see, the Retina display..... developed by LG..... -1 for Apple trying to brag about something they had to pay for the right to use...... Siri, Apple had NO hand in developing either, bought out Siri Inc. in 2010 i believe, when the Apple platform was the only one completely functional so far, then terminated all development for Android, BB, and Windows mobile... -1 for Apple again...... Apple sues Samsung for every little SIMILAR, but not copyrighted idea/patent.... Apple uses Samsung hardware/chips... -1 for Apple being stupid..... MINOR changes to Ios "upgrades", more of a software tweak... -1 for Apple...... naming your company after a fruit... -1 for Apple.... fragile real glass front and back.... -1 for Apple...... ingenious marketing to keep all the clueless tech isheep buying outdated shit every time it comes out just because it says "Apple" on it.... +1 for Apple...... and finally, Apple having no balls to be able to handle competition, and suing just because they get crushed in performance.... -1 for Apple

Colin says:

Apple is actually one of the most successful PC manufacturers. They're doing great compared to places like HP, Dell, Acer, etc. They're only a minority when you start talking about OS marketshare. True, all this is dwarfed buy the iOS devices, so the main point of the article stands, but you're wrong to act like Apple isn't making money selling Macs.

Macs and OS X are by far their best products, if you ask me ;)