You Can't Introduce Any Decently Cool Product These Days Without Some Sore Loser Claiming Patent Infringement

from the nokia-edition dept

Wed, Jul 11th 2012 3:03am — Mike Masnick

Google has been getting some buzz for the announcement of the Nexus 7 tablet device, built by Asus. At the Google I/O developer conference, they gave out the device to all attendees. As a press attendee I received a loaner version which I have to return, but in playing around with it for a few days, it seems like a well-designed device and I'm thinking of buying one when they're officially available. But, of course, as with pretty much anything cool or useful these days, some sore loser has to whine about how it's infringing on their patents. This time, it's Nokia bitching about how neither Asus nor Google have licensed its patent portfolio.

Here's the thing: if Nokia invented a device like this, then sell the damn device. If it's better than the Nexus 7 then it will sell better than the Nexus 7. Whining about patent infringement when you can't compete just makes you look like a sore loser. If what Nokia "invented" and patented was so important, bring the product to market and let the market decide. Bitching about how someone made a better product than you and demanding that they pay you money is just pure sour grapes. It may be legal, based on the idiocy of today's patent system, but it sure makes it clear to me why I'd never buy another Nokia product.

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Filed Under: competition, nexus 7, tablet
Companies: asus, google, nokia

29 Comments

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Anonymous Coward, 11 Jul 2012 @ 3:15am

Copyright and pantents are increasingly looking like a ploy by lawyers to expand the amount of work available to them to meet the increasing number of lawyers. Soon you wont be able to do anything without having to pay a lawyer or pay for hundreds of patents. Even then when you made something you will be done for copyright infringement.

Weep.

T_T
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drew (profile), 11 Jul 2012 @ 3:23am

Used to be a nokia fan
They still make the best camera phones (key requirement for me) but things like this just highlight their increasing irrelevance in the smart-phone market. Likely to be followed by a similar situation in the feature-phone and basic-phone sectors as well.
Shame as they still seem to have some really good designers there but unfortunately they now appear to be a company run by the accounting department.
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Aerilus, 11 Jul 2012 @ 3:23am

if "nokia" is upset and suing its probably just a matter of time before "motorola" is upset and suing microsoft
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Anonynouse Cow Horde, 11 Jul 2012 @ 3:30am

I don't know if Nokia knows, but if they pre-order one now, they get $25 in credit... If they order enough of them, they'll make up the money for the whole portfolio...
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Zakida Paul (profile), 11 Jul 2012 @ 4:11am

Patents and copyright are all about protecting monopolies these days. The only thing that will change things is government intervention but governments are in the pockets of the monopoly holders. So, basically, we are screwed.
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Henk ter Heide (profile), 11 Jul 2012 @ 4:20am

This is just the modern way of competing.
Instead of outshining your competitors in the marketplace you crush them in court.
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Mitch Featherston, 11 Jul 2012 @ 4:28am

Not a surprise
I agree with Mike... do the market a favor and CREATE a product, compete. Be a capitalist not a complainer.

While you are pondering such a difficult proposition, watch this video of Stephan Kinsella explain why patents (and copyright) get in the way of innovation:
http://www.youtube.com/watch?v=hoSWC_6mDCk
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Anonymous Coward, 11 Jul 2012 @ 4:32am

and how many other companies are doing the same thing over how many other products? it's a ridiculous situation and no one actually wins, except the lawyers, of course!
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Hephaestus (profile), 11 Jul 2012 @ 4:36am

Re:
Agreed. We see governments protecting monopolies at every level of government, local, state, federal, and international via trade agreements.

Just look at the telecommunications providers. At the local level you can't run any more lines, or you can only install one set of lines into residences, etc. At the state level same thing plus it is not allowable for local municipalities to install competing services. At the federal level you have the recent death of super wifi, and all the IP laws that protect content owners and prevent competition.

I see this trend towards protectionism as the greatest threat to most nations of the world. It prevents competition in every business and this trend needs to be reversed.
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Anonymous Coward, 11 Jul 2012 @ 4:38am

Re:
These days? Copyright and patents are monopolies by their very nature, it's always been about stifling competition
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Mitch Featherston, 11 Jul 2012 @ 4:47am

Re: Re:
Now it's stifling on steroids.
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Anonymous Coward, 11 Jul 2012 @ 5:08am

Re: Re: Re:
Ah roid rage. That explains it
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anon, 11 Jul 2012 @ 5:34am

seriously Guys
Nokia is just doing what others have done to them, Nokia in fact produces the best products when they produce them, i would never stop buying a quality product, it would be like cutting your nose off to spite your face.that being said Apple is going wild with patent claims lately and people are turning away from there products which are top quality.
Gee this is messed up , when is someone going to clean up the patent system once and for all.
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Vincent Clement (profile), 11 Jul 2012 @ 6:04am

Re: seriously Guys
No one is going to clean up the patent system. The legal system makes a killing from it and at the end of the day most politicians in the pocket of one company or another.
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Rekrul, 11 Jul 2012 @ 6:08am

You know all those cool visions of future that are shown in films like Back to the Future? Most of that stuff is never going to happen. Not because we'll lack the technology to do it, but because patents and copyright laws will keep technology crippled.
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Steve R. (profile), 11 Jul 2012 @ 7:24am

After the Presidential Election??????
Romney has been really fanning the flames of outrage that China is "stealing" so-called "intellectual property".

Obama, himself did an ersatz temporary strategic retreat from SOPA/PIPA.

After the election I assume that the protection of so-called "intellectual property" will be reinvigorated. The lawyers will be happy.
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Davey, 11 Jul 2012 @ 7:27am

Running a race backwards
As a former track and cross-country runner, I see this whole patent problem like a footrace. Rather than putting all their effort and energy into crossing the finish line first, manufacturers are running the race backwards, focusing on the competition and trying to make the other runners stumble.

The whole race gets bogged down and risks becoming a stalemate, where nobody wants to move forward out of a fear that the minute they take their eyes off the other runners, one will race ahead.
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Rob (profile), 11 Jul 2012 @ 7:51am

Re:
I agree that patents have become "pantents" as companies panhandle their patents to lawyers working out of tents.
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Steve R. (profile), 11 Jul 2012 @ 8:01am

Re: Running a race backwards
Good analogy. My daughters are into cross-country and bicycling competition.
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Son of a Shaft, 11 Jul 2012 @ 8:31am

Selling WiFi devices
Mike,

are you saying that Nokia doesn't sell products with WiFi?
Cause from what is known so far about the request to license that is what it's about.
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Loki, 11 Jul 2012 @ 8:54am

Bitching about how someone made a better product than you and demanding that they pay you money is just pure sour grapes.

Kind of reminds me of the people who abuse the welfare system, and insist they need food stamps even though they are driving a lexus.
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ksj, 11 Jul 2012 @ 9:26am

Nokia isn't complaining about the whole package, as you imply, they are complaining about the parts that are used that infringe Nokia patents.

Nokia is also known for broadly licensing their patent portfolio for reasonable terms.

While I agree that there is a huge amount of abuse of the patent system, this is not one of those instances. If Asus and Google want to use technologies that other companies invented and who offer FRAND royalties then they should pay it.

Bitching about those who do not abuse the system doesn't make reasonable people support your arguments against those who do not.

It is hypocritical of Google to sue others (e.g. Motorola Mobility's lawsuits) for patent abuse, and then not pay FRAND royalties for the patents they in turn are using.
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Jeffrey Nonken (profile), 11 Jul 2012 @ 11:41am

Re:
You have the wrong end of this stick. The system is what's broken. You seem to think that there's nothing wrong with suppression of innovation as long as nobody is technically breaking any rules.
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TtfnJohn (profile), 11 Jul 2012 @ 2:07pm

Re: Re: Re: Re:
Accompanied by another kind of roid rage that can be caused by overdosing on certain anabolic steroids.

/s (?)
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ChrisB348 (profile), 11 Jul 2012 @ 3:24pm

Get ready for it...
Apple's legion of lawyers may soon file suit to force all internet users to buy apple products or face stiff penalties.

If you can't build a better product litigate...
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Digitalistically Speaking (profile), 11 Jul 2012 @ 8:34pm

Re: After the Presidential Election??????
Guess we shouldn't have china manufacture all our consumer stuff.
Is it stealing if we give them the plans for everything?
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Niall (profile), 12 Jul 2012 @ 7:33am

Re:
I think Mike added an unnecessary adjective to the title, i.e. "sore".

Oh sorry, we're talking about Nokia, the former worldbeaters at phones, not RIM, the former worldbeaters at phones?
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patent litigation, 16 Jul 2012 @ 9:37am

not fair
I have to disagree with the premise of this post. The simple reason is that the marketplace is not always fair. Your argument may hold up in the context of large corporations involved in mutual patent litigation; but when, for instance, a large corporate entity has infringed the IP of a smaller company or individual that can't compete in terms of advertising, distribution, and even development, then patent litigation seems to me to be entirely appropriate.
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Mike, 29 Jul 2012 @ 8:57am

System's not broken...
It's hard to make any system invulnerable to abuse. The patent "system" itself is not broken in the sense that many posters here imply. If the patent examining corp were better at making substantive rejections of weak patent applications, you'd have fewer improperly issued patents floating around. And if judges were just slightly more aggressive at sanctioning patent plaintiffs for frivolous infringement claims, you'd see fewer companies so blithely pulling the trigger on infringement complaints.
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