March 08, 2010
<p>Eric Von Hippel, professor of technological innovation at MIT, in an interview with The New York Times:</p>
<blockquote>
<p>“It’s a bad scene right now. The social value of patents was
supposed to be to encourage innovation &#8212; that’s what society
gets out of it. The net effect is that they decrease innovation,
and in the end, the public loses out.”</p>
</blockquote>
<p>Yes, the patent system is supposed to reward the innovators themselves, but it is also supposed to benefit the public interest.</p>
<div>
<a title="Permanent link to ‘The U.S. Patent System vs. Innovation’" href="http://daringfireball.net/linked/2010/03/03/hippel">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<h2>They Stopped Digging</h2>
<p>Good for Microsoft for starting over with a truly new UI and new <a href="http://www.fiercedeveloper.com/story/windows-phone-7-offer-both-silverlight-and-xna-development/2010-02-21">developer APIs</a>. There&#8217;s an old saying that when you find yourself in a hole, stop digging. Microsoft found themselves in a hole the day Apple unveiled the iPhone, but continued digging for three more years. Better late than never, though.</p>
<h2>The Zune UI</h2>
<p>Just about any new UI would be better than the existing Windows Mobile UI. But basing the new Windows Phone 7 UI on the Zune raises the question of why they think it&#8217;s going to fare any better than, well, the Zune.</p>
<h2>The &#8216;Phone&#8217; in the Name</h2>
<p>Renaming the platform from &#8220;Windows Mobile&#8221; to &#8220;Windows Phone 7 Series&#8221; makes it even less applicable than ever to non-phone mobiles, like the iPod Touch. I think the iPod Touch is the single greatest strength of the iPhone OS platform. You can argue that phones like the Nexus One and Pre Plus are worthy rivals to the iPhone 3GS, but <a href="http://daringfireball.net/linked/2010/02/28/demographics">there is no rival to the iPod Touch</a>. Now, admittedly, Apple&#8217;s mobile OS has &#8220;phone&#8221; in its name too, so I suppose there&#8217;s no reason why someone might not make a non-phone device running the &#8220;Windows Phone&#8221; OS, but it seems shortsighted to me. The only logical explanation I can think of is that Microsoft only plans to license the OS for use on actual <em>phones</em>, and they&#8217;re going to pull an Apple with non-phone devices for this platform with their Zune brand.</p>
<h2>The &#8216;Windows&#8217; in the Name</h2>
<p>The bigger naming question: Why name it “Windows” anything? If Microsoft is <a href="http://www.nytimes.com/2010/03/01/technology/01soft.html">going for a clean break</a>, why not a new non-&#8220;Windows&#8221; name? I think it shows just how perverse Microsoft’s obsession with &#8220;Windows&#8221; is. There’s no good way to leverage their Windows PC OS monopoly to extend it to mobile, other than the name, so they&#8217;re sticking with it. It doesn&#8217;t even make literal sense. The whole point of the &#8220;Windows&#8221; name is that it was for a system whose UI revolved around the concept of on-screen <em>windows</em>. There are no windows in the Windows Phone 7 interface. (There&#8217;s also no Start menu in the WP7 UI; that was the linchpin of UI similarity between Windows (for PCs) and Windows Mobile.)</p>
<p>A new non-Windows name would have let Microsoft use a 1.0 version number. I think the &#8220;7&#8221; in &#8220;Windows Phone 7 Series&#8221; is a detriment to their message that this is a clean break from Windows Mobile 6 and earlier. The 7 implies &#8220;new version of the old thing&#8221;, which isn&#8217;t what they want at all because the old thing is unloved and unpopular. A new 1.0 thing would have also dampened uncomfortable questions about why phones available today <a href="http://www.downloadsquad.com/2010/03/01/windows-mobile-6-x-users-wont-get-windows-phone-7-upgrade/">won&#8217;t be upgradeable to the new system when it ships</a>.</p>
<h2>The Osborne Effect</h2>
<p>That (a) Windows Phone 7 units aren&#8217;t expected until late this year (and think about what happens if the schedule slips); and (b) current Windows Mobile 6.5 phones will not be upgradeable suggests that Windows Mobile phones <a href="http://gizmodo.com/5482641/every-windows-mobile-phone-out-now-is-officially-at-the-evolutionary-dead-end">aren&#8217;t going to have a good year</a>, sales-wise. Windows Mobile sales and market share were already in steep decline; the <a href="http://en.wikipedia.org/wiki/Osborne_effect">Osborne Effect</a> isn&#8217;t going to help.</p>
<p>Perhaps in the long run it doesn&#8217;t matter just how badly Windows Mobile handsets sell between now and the debut of Windows Phone 7 handsets. But on the other hand, the last thing Microsoft needs in the weeks and months leading up to the new handsets debuting is bad press about tanking &#8220;Windows Mobile&#8221; sales. (Another reason why it would have been a good idea to use a new brand name.)</p>
<h2>Triumph of the iPhone Form Factor</h2>
<p>When the iPhone debuted, there were no popular phones based primarily on a large touchscreen. Now, nearly all new smartphones share the same basic form: a roughly 3.5-inch touchscreen. (Non-touchscreen BlackBerries are the biggest exception.) Many include a hardware keyboard, but the touchscreen is the starting point. The Windows Phone 7 software doesn&#8217;t look like the iPhone&#8217;s much at all. But the hardware is pretty much an iPhone with two extra buttons (Back and Search). One advantage Windows Phone 7 may have over Android is that WP7 was designed with this form factor &#8212; the large touchscreen &#8212; as a baseline assumption. All major Android phones on the market have this form factor too, but the Android OS itself was designed to be abstract enough <a href="http://www.slashgear.com/android-firmware-10-apparently-running-on-qualcomm-handset-video-demos-1316112/">not to require a touchscreen at all</a>. That&#8217;s handicapped Android in terms of things like text editing, which requires the use of a trackball or direction pad instead of a pure touch interface.</p>
<h2>Who&#8217;s the Competition?</h2>
<p>The big three mobile platforms right now are iPhone, BlackBerry, and Android. (Feel free to add Nokia as a fourth.) I think Windows Phone 7 is most competitive with Android, because that&#8217;s the one with the same business model: licensing the OS to OEM hardware makers. They&#8217;re even competing for attention from the very same hardware makers, especially HTC. Google&#8217;s been undercutting Microsoft with free (or nearly free) services for a few years now: Google Docs against Office, <a href="http://www.google.com/apps/intl/en/business/gmail.html">Gmail for Business</a> against Exchange, and soon, Chrome OS against Windows. But this one, Android vs. Windows Mobile, is the first one where Google seems poised to take the lead. Windows Phone 7 doesn&#8217;t just have to be better than Android, it has to be better enough to convince handset makers that it&#8217;s worth the licensing fees.</p>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>I love this whole unfolding future-of-Flash saga because it&#8217;s a wonderful mix of politics and technology. It&#8217;s complex and multivariate, but not <em>too</em> complex to get a handle on the basic gist. It occurred to me this week, after both reading and writing quite a bit regarding Flash Player&#8217;s performance issues, that the whole performance angle is a distraction from the fundamental issues at hand.</p>
<p>I <a href="http://daringfireball.net/linked/2010/02/01/z">linked</a> to <a href="http://www.zeldman.com/2010/02/01/flash-ipad-standards/">this piece by Jeffrey Zeldman</a> three weeks ago, but it&#8217;s worth a re-link. His first paragraph nails it:</p>
<blockquote>
<p>Lack of Flash in the iPad (and before that, in the iPhone) is a
win for accessible, standards-based design. Not because Flash is
bad, but because the increasing popularity of devices that don’t
support Flash is going to force recalcitrant web developers to
<em>build the semantic HTML layer first</em>. Additional <a href="http://www.alistapart.com/articles/semanticflash/">layers of Flash
UX</a> can then be optionally added in, just as, in proper,
accessible, standards-based development, <a href="http://www.alistapart.com/articles/behavioralseparation">JavaScript UX
enhancements</a> are added only after we verify that the site
works without them.</p>
</blockquote>
<p>I.e. if you think people using iPhone OS devices are an important segment of your intended audience, you can no longer build a Flash-dependent web site. (And if you <em>don&#8217;t</em> think people using iPhone OS devices are an important segment of your intended audience, you&#8217;re probably wrong.)</p>
<p>Flash&#8217;s performance problems on Mac OS X and mobile devices are very much real. (As of today, note that there still is no shipping version of the full Flash Player for any major mobile platform.) And I do think these performance issues are a factor in Apple&#8217;s decision not to include it in iPhone OS. But I believe the larger issue goes beyond performance. Apple sees the web as a platform based on open standards. Flash isn&#8217;t part of that.</p>
<p>So at the moment, Flash&#8217;s performance issues provide Apple with a good apolitical explanation for why Flash Player isn&#8217;t included with iPhone OS. It&#8217;s a way for Apple to argue that they <em>can&#8217;t</em> rather than that they <em>won&#8217;t</em>.</p>
<p>Yes, I&#8217;m skeptical about how Flash Player is going to perform on Android and WebOS devices. I hope I&#8217;m wrong though. If Adobe&#8217;s able to squeeze acceptable performance out of Flash Player 10.1 on these (relatively) low-power ARM devices, then it&#8217;s very likely that Flash Player 10.1 for Mac OS X is going to be much improved as well. (In the same way the constraints imposed on iPhone OS have been great for Mac OS X &#8212; performance tweaks to components like WebKit (and especially JavaScriptCore) made to get MobileSafari running as fast as possible on low-power iPhones have resulted in fantastic performance improvements to WebKit on high-power Macs.)</p>
<p>Here&#8217;s what I mean about Flash Player&#8217;s performance being a distraction from the underlying story: Even if Adobe solves Flash&#8217;s performance problems, I still doubt Apple will want to include it in iPhone OS.</p>
<p>It boils down to control. I&#8217;ve written several times that I believe Apple controls the entire source code to iPhone OS. (No one has disputed that.) There&#8217;s no bug Apple can&#8217;t try to fix on their own. No performance problem they can&#8217;t try to tackle. No one they need to wait for. That&#8217;s just not true for Mac OS X, where a component like Flash Player is controlled by Adobe.</p>
<p>I know there are some people who see Apple taking a stand against Flash and <a href="http://twitter.com/davewiner/status/9664056169">worry</a> that Apple may someday take a stand against the web itself. One thing that everyone who&#8217;s paying attention can agree on is that Apple greatly values control. That&#8217;s indisputable, regardless whether you consider it a virtue or vice. So I think the worriers see that the web is beyond anyone&#8217;s control and conclude that Apple sees it as a threat.</p>
<p>I say what Apple cares about controlling is the <em>implementation</em>. That&#8217;s why they started the WebKit project. That&#8217;s why Apple employees from the WebKit team are leaders and major contributors of the HTML5 standards drive. The bottom line for Apple, at the executive level, is selling devices. It may well be true that Steve Jobs doesn&#8217;t really give a shit about the web in and of itself. It&#8217;s just good business for Apple to control a best-of-breed web rendering engine. If Apple controls its own implementation, then no matter how popular the web gets as a platform, Apple will prosper so long as its implementation is superior. (Needless to say, Apple is <a href="http://www.apple.com/ipad/">quite confident</a> in this regard.)</p>
<p>The weird thing about a completely open platform based on open standards is that while no single vendor, such as Apple, can control the content or the standards, it <em>can</em> control its implementation. (And it can <em>influence</em> the content and the standards.) That&#8217;s all they need.</p>
<p>Likewise with Google&#8217;s interest in the open web and HTML5. It&#8217;s reasonable to be cynical and believe that Google is concerned only with making money, not with the open web simply for virtue&#8217;s sake. So long as the web is open, Google&#8217;s success rests within its own control. And in the same way Apple is confident in its ability to deliver devices with best-of-breed browsing experiences, Google is confident in its ability to provide best-of-breed search results and relevant ads. In short, Google and Apple have found different ways to bet <em>with</em> the web, rather than <em>against</em> the web.</p>
<p>The best counter-argument is perhaps that, given Apple&#8217;s desire for control, they&#8217;re always going to prefer their wholly owned proprietary platforms &#8212; native iPhone and Mac apps &#8212; over the web, and will eventually come to see the web as a threat. I don&#8217;t think Apple sees it that way, though. There is always going to be a lowest common denominator platform. That used to be Windows. Now it&#8217;s the web. Apple doesn&#8217;t build lowest common denominator platforms. Before, when Windows was the LCD, Apple was in a hard place because they were locked out of that platform: their platform was at odds with it. Now, with the web as the LCD, Apple has it both ways: their platforms gracefully coexist with it. Apple isn&#8217;t a web company, but the web might be the best thing that ever happened to them.</p>
<p>From Apple&#8217;s perspective, when it comes to software platforms, <em>theirs</em> is best (Cocoa/Cocoa Touch), because they have complete control. <em>Everyone&#8217;s</em> is good (the web), because Apple has control over their own implementation and can influence the future direction of the standards. What Apple doesn&#8217;t want is <em>someone else&#8217;s</em> proprietary platform, where they have no control at all. That&#8217;s what Flash is.</p>
<p>I&#8217;ve said this <a href="http://daringfireball.net/2008/02/flash_iphone_calculus">before</a> and will say it again. There&#8217;s only one path for Flash Player to make its way to iPhone OS:</p>
<ol>
<li>It appears first on other competing mobile platforms.</li>
<li>It works well on those platforms.</li>
<li>Its presence and popularity on those competing platforms shifts consumer demand and adversely affects iPhone OS device sales.</li>
</ol>
<p>#1 will happen. Regarding #2, I&#8217;m skeptical, but Adobe has smart engineers and their back is to the wall. #3, though, would require a major shift in momentum.</p>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Clever little web tool by Jacob Bijani for generating cross-browser border radius CSS code. (<a href="http://beautifulpixels.com/web/border-radius/">Via Beautiful Pixels</a>.)</p>
<div>
<a title="Permanent link to ‘CSS Border Radius’" href="http://daringfireball.net/linked/2010/03/04/css-border-radius">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Interesting graphic from Nick Bilton of The New York Times, suggesting that Apple&#8217;s patent suit against HTC is but one more skirmish in an industry-wide patent war.</p>
<div>
<a title="Permanent link to ‘&#8216;An Explosion of Mobile Patent Lawsuits&#8217;’" href="http://daringfireball.net/linked/2010/03/04/explosion">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>There are two aspects surrounding Apple&#8217;s patent litigation against HTC that demand further consideration. First, the severe problems with the U.S. patent system as a whole, particularly with regard to software patents. Second, the strategic implications of Apple&#8217;s decision to file suit.</p>
<p>Smart writers with first-hand experience with software patents have written much over the past few years on the system itself. Tim Bray, in particular, <a href="http://www.google.com/search?q=patents+site%3Atbray.org">has written extensively</a> on them, including his own experience obtaining them. I&#8217;ll quote here from <a href="http://www.tbray.org/ongoing/When/200x/2003/09/15/SWPatents">one of his early pieces on the subject</a>:</p>
<blockquote>
<p><strong>Are Software Patents a Broken Idea?</strong> &#8212; I really don’t know. One of
my brothers, an Industrial Designer, has his name on a patent for
a device for mixing gases that’s used in chromatographs. When he
showed me the filing, with the drawings and schematics and so on,
I was impressed; these guys had cooked up a new arrangement of
valves and geometries that did a practical task in an elegant and
new way. It felt much more rigorous than the way we go about
inventing new technology in the software space; but maybe that’s
just because I’m way too close to the software world and can see
all the warts on its underbelly.</p>
<p>I’m inclined to think there’s a spectrum of reasonability in
software patents. “One-click ordering” seems like a grievous
error, simply because if you said those three words to any
web-savvy ecommerce-savvy programmer, they’d say “OK” and build it
for you and it would work; which doesn’t seem to meet a high
enough bar to qualify as an invention. But consider the basic PGP
setup by Phil Zimmerman, it’s just immensely clever and elegant. I
have the feeling that that really does qualify as an invention in
totally the same sense as my brother’s gas-mixing apparatus.
Obviously I think the things I filed are closer to PGP than
one-click ordering.</p>
</blockquote>
<p>In a later follow-up, <a href="http://www.tbray.org/ongoing/When/200x/2004/10/12/PatentTheory">Bray wrote</a>:</p>
<blockquote>
<p>Does this mean that I’ve concluded that software patents are
just fine, thank you, and the current rat’s-nest of litigation
is good business practice?</p>
<p>No; while I generally agree with <a href="http://blogs.sun.com/roller/page/jonathan/20040930#i_believe_in_ip">Jonathan</a> that the
software-patent idea is not inherently broken (and thus disagree
with <a href="http://www.cl.cam.ac.uk/~mgk25/stallman-patents.html">Richard Stallman</a>), the fact is that it’s almost
impossible for rational people to have a rational discussion
about software patents. The reason is the insanely-dysfunctional
behavior of the US Patent and Trademark Office, whose idiotic
willingness to <a href="http://www.tbray.org/ongoing/When/200x/2004/08/05/LinuxPatents">grant patents on anything without regard for
prior art or the obviousness test</a> has totally poisoned the
waters of this discussion. The result, as I’ve argued before, is
that the net effect of the software-patent system is to serve as
a parasitic tax by lawyers on businesspeople.</p>
<p>Where I disagree with Jonathan is on what’s known as
“business-method” patents: one-click ordering, per-employee
pricing. I’m having trouble seeing the benefit to society in
granting patents on something that could never possibly be done
secretly. I also think that to get a patent, an invention should
include innovation <em>both in conception and implementation</em>.</p>
</blockquote>
<p>The emphasis in the last sentence quoted above is mine. I&#8217;ve quoted extensively here from Bray because, having re-read his patent-related essays, I find myself in nearly complete agreement with him. I&#8217;m not opposed to the idea of the patent system on general principle (as Stallman and many others are). And I think in many fields, the system has worked and continues to work well.</p>
<p>But for software the system, in practice, is undeniably broken. There&#8217;s an argument to be made that software is inherently different than other fields of invention, different in such a way that patents should not apply &#8212; or, should apply for a significantly shorter period of time before expiring. You can&#8217;t (or at least shouldn&#8217;t) be able to patent mathematics, and there are good arguments that programming is a branch of mathematics. But because software patents <em>are</em> granted, concede at least for the moment that certain kinds of software innovations <em>ought</em> to be patentable. Even with that in mind, clearly the U.S. Patent Office is and has granted patents for things which ought not be patentable. Not just silly frivolous things, but patents that have been granted for <em>concepts</em> alone, rather than specific innovative <em>implementations</em> of said concepts. Ideas in the abstract, rather than implementations of ideas.</p>
<p>Just a few weeks ago, Bray published &#8220;<a href="http://www.tbray.org/ongoing/When/201x/2010/02/22/Patent-Fail">Giving Up on Patents</a>&#8221;:</p>
<blockquote>
<p>Not so many years ago, even as I was filled with <a href="http://www.tbray.org/ongoing/When/200x/2004/08/05/LinuxPatents">fear and loathing</a>
of the hideous misconduct of the US Patent &amp; Trademark Office, I
retained some respect for the notion of patents. I even wrote what
I think is an unusually easy-to-read introduction to <a href="http://www.tbray.org/ongoing/When/200x/2004/10/12/PatentTheory">Patent
Theory</a>.
But no more. The whole thing is too broken to be fixed. Maybe it
worked once, but it doesn’t any more. The patent system needs to
be torn down and thrown out.</p>
</blockquote>
<p>Paul Graham, who has also been awarded software patents, <a href="http://www.paulgraham.com/softwarepatents.html">has written well on the subject</a>, too:</p>
<blockquote>
<p>We, as hackers, know the USPTO is letting people patent the knives
and forks of our world. The problem is, the USPTO are not hackers.
They&#8217;re probably good at judging new inventions for casting steel
or grinding lenses, but they don&#8217;t understand software yet.</p>
</blockquote>
<p>And:</p>
<blockquote>
<p>There’s nothing special about physical embodiments of control
systems that should make them patentable, and the software
equivalent not.</p>
<p>Unfortunately, patent law is inconsistent on this point. Patent
law in most countries says that algorithms aren’t patentable.
This rule is left over from a time when “algorithm” meant
something like the Sieve of Eratosthenes. In 1800, people could
not see as readily as we can that a great many patents on
mechanical objects were really patents on the algorithms they
embodied.</p>
<p>Patent lawyers still have to pretend that’s what they’re doing
when they patent algorithms. You must not use the word
“algorithm” in the title of a patent application, just as you
must not use the word “essays” in the title of a book. If you
want to patent an algorithm, you have to frame it as a computer
system executing that algorithm. Then it’s mechanical; phew. The
default euphemism for algorithm is “system and method.” Try a
patent search for that phrase and see how many results you get.</p>
</blockquote>
<p>These arcane rules lead to patents being described in an obfuscated manner. That they are patenting algorithms but must pretend they&#8217;re patenting something else is the definition of a broken system.</p>
<p>To me, &#8220;user interface&#8221; patents are hand-in-hand with &#8220;<a href="http://en.wikipedia.org/wiki/Business_method_patent">business method patents</a>&#8221; as examples of things which, no matter how innovative or original, ought not be patentable. They&#8217;re idea patents.</p>
<p>Adobe, to take one example, has a patent on <a href="http://eupat.ffii.org/patents/samples/ep689133/index.en.html">tabbed palettes</a>. If you&#8217;ve used Adobe apps like Photoshop, InDesign, or Illustrator in the past decade, you know what they are. Design applications have been using floating on-screen palettes all the way back to the original MacPaint in 1984. Unlike dialog boxes, they weren&#8217;t modal and &#8220;floated&#8221; over the document window. Unlike menus, they remained visible. They&#8217;re ubiquitous in design apps. One shortcoming, however, was that if you opened too many of them, you cluttered your screen &#8212; the more palettes you have open, the less room you have for displaying the document itself. Adobe came up with a great feature: they allowed you to dock multiple palettes together as tabs within a single palette window, and you could drag individual tabs between windows or drag them out into their own window. (Similar, at the palette level, to tabbed web browser windows.) Adobe patented the idea, and when Macromedia implemented a version of it, <a href="http://news.cnet.com/2100-1040-898061.html">Adobe sued</a> (and won &#8212; a measly $2.8 million). To me, that&#8217;s exactly the sort of patent litigation that is aimed at stifling innovation rather than rewarding it. Building on the ideas of others is fundamental to competition.</p>
<p>No one company can or should be expected to change the entire U.S. patent system. Like any entrenched system with powerful entities who seek to maintain the status quo, we&#8217;re likely stuck with it. And so the way the computer industry has dealt with it is detente. Companies obtain as many patents as they can, written as broadly as they can get away with. And since everyone (where by &#8220;everyone&#8221; I mean all large tech corporations) has a large patent portfolio, and nearly every idea under the sun has been patented by someone to some degree, most of them are inert. Company A doesn&#8217;t sue Company B for infringing upon patents held by A because A&#8217;s own products almost certainly infringe upon some patents held by B.</p>
<p>This is why pure patent troll companies such as <a href="http://techdirt.com/articles/20100217/1853298215.shtml">Nathan Myhrvold&#8217;s Intellectual Ventures</a> are so despised. They&#8217;re immune from the threat of counter-suit because they have no products or services. Their only business is extorting patent licensing fees.</p>
<p>The analogy to nuclear weapons is overwrought when considered literally, but in terms of strategy it&#8217;s quite apt. <a href="http://www.paulgraham.com/softwarepatents.html">Paul Graham, on Amazon&#8217;s notorious &#8220;one-click&#8221; patent</a>:</p>
<blockquote>
<p>Where Amazon went over to the dark side was not in applying for
the patent, but in enforcing it. A lot of companies (Microsoft,
for example) have been granted large numbers of preposterously
over-broad patents, but they keep them mainly for defensive
purposes. Like nuclear weapons, the main role of big companies&#8217;
patent portfolios is to threaten anyone who attacks them with a
counter-suit. Amazon&#8217;s suit against Barnes &amp; Noble was thus the
equivalent of a nuclear first strike.</p>
<p>That suit probably hurt Amazon more than it helped them. Barnes &amp;
Noble was a lame site; Amazon would have crushed them anyway. To
attack a rival they could have ignored, Amazon put a lasting black
mark on their own reputation. Even now I think if you asked
hackers to free-associate about Amazon, the one-click patent would
turn up in the first ten topics.</p>
</blockquote>
<p>Which brings us to Apple and HTC. Regardless of the merits of all 20 of the patents Apple accuses HTC of violating, strategy-wise the comparison to Amazon and Barnes and Noble seems apt: Apple has the clearly superior product and is winning handily in the marketplace. Whatever benefit in the market Apple hopes to achieve by this suit to me seems likely to be worth far less than the loss of good will and prestige Apple will suffer if they vigorously pursue this case (let alone if they initiate more such suits).</p>
<p><a href="http://wilshipley.com/blog/2010/03/open-letter-to-steve-jobs-concerning.html">Wil Shipley, in an open letter to Steve Jobs regarding the HTC litigation</a>:</p>
<blockquote>
<p>You’ve famously taken and built on ideas from your competitors,
as have I, as we should, as great artists do. Why is what HTC has
done worse? Whether an idea was patented doesn’t change the
morality of copying it, it only changes the ability to sue. [&#8230;]</p>
<p>If Apple becomes a company that uses its might to quash
competition instead of using its brains, it&#8217;s going to find the
brainiest people will slowly stop working there. You know this,
you watched it happen at Microsoft.</p>
</blockquote>
<p>Copying ideas is how progress is made. It&#8217;s copying implementations that is wrong (and illegal). Admittedly there are gray areas, and reasonable people can disagree about whether some specific instances cross that line. But HTC&#8217;s phones are not copies of the iPhone. The Nexus One is without question highly influenced by the iPhone, both in terms of physical form factor and the Android software from Google. But it is also without question not a clone.</p>
<p>My favorite theory thus far regarding why Apple is suing HTC is expressed entirely in <a href="http://twitter.com/siracusa/status/9884001169">this tweet from John Siracusa</a>:</p>
<blockquote>
<p>To me, the Apple patent suit smells like nothing more than a
manifestation of Jobs&#8217;s own sense of injustice.</p>
</blockquote>
<p>I.e., Jobs is <em>offended</em> by HTC&#8217;s products, not worried about them. I can understand the indignation, or at least imagine that I can.</p>
<p>Apple&#8217;s press releases tend to be remarkably terse and plainspoken, at least by the standards of modern corporate communication. And when Jobs is quoted in them, the words are carefully chosen and meaningful, worthy of being carefully parsed<sup id="fnr1-2010-03-03"><a href="#fn1-2010-03-03">1</a></sup> &#8212; not at all like the bromides attributed to CEOs from most companies in most PRs. <a href="http://www.apple.com/pr/library/2010/03/02patents.html">The PR announcing these suits against HTC is no exception</a>:</p>
<blockquote>
<p>“We can sit by and watch competitors steal our patented
inventions, or we can do something about it. We’ve decided to do
something about it,” said Steve Jobs, Apple’s CEO. “We think
competition is healthy, but competitors should create their own
original technology, not steal ours.”</p>
</blockquote>
<p>That&#8217;s not the language of a licensing dispute or the beginning of a polite negotiation. That&#8217;s the language of a man aggrieved.</p>
<p>During Jobs&#8217;s iPhone introduction keynote address in January 2007, before showing what the iPhone looked like, Jobs put up this slide showing four of the then-leading smartphones on the market: the Motorola Q, a BlackBerry, a Palm Treo, and the Nokia E62.</p>
<p><a href="/misc/2010/03/smartphones.jpg"><img
src = "/misc/2010/03/smartphones-415.jpg"
alt = "Steve Jobs at Macworld Expo 2007, showing the leading smartphones prior to the iPhone."
/></a></p>
<p>Those pre-iPhone smartphones Jobs displayed all shared the same fundamental design: half-screen, half keyboard, and an up/down/left/right navigation controller. Now <a href="http://gizmodo.com/gadgets/android-hardware-in-the-wild/google-android-prototype-in-the-wild-334909.php">look at this prototype Android phone</a> Gizmodo spotted in December 2007 &#8212; 11 months after the iPhone introduction. Android was conceived of that same old model &#8212; the prototype Gizmodo found in December 2007 would have fit perfectly alongside the other four phones in Jobs&#8217;s keynote slide.</p>
<p>The gaping chasm between that Treo-ish/BlackBerry-ish prototype Android device and the <a href="http://www.htc.com/www/product/g1/overview.html">HTC G1</a> that went on sale a year later (let alone the Nexus One today) was bridged by ideas from the iPhone.</p>
<p>The iPhone introduced a new model. A true great leap forward in the state of the art. Not a small screen that shows you things which you manipulate indirectly using buttons and trackballs occupying half the device&#8217;s surface area, but instead a touchscreen that occupies almost the entirety of the surface area, showing things you manipulate directly.</p>
<p>Android is a far better platform today than it would have been if Apple had never created the iPhone. That, in some sense, is not fair.</p>
<p>I think Siracusa is exactly right that Jobs has a particularly acute sensitivity to this sort of unfairness. This litigation, perhaps then, isn&#8217;t about particular specific patented components, but rather is about the big idea, the general gist and grand ambition of the iPhone as the basic model for how modern mobile devices should be designed and work.</p>
<p>No doubt some of you are nodding your heads and see this as justification for Apple&#8217;s suit. But life isn&#8217;t fair. Great ideas make the world better. Apple can rightly expect to benefit greatly from the ideas embodied by the iPhone, but they can&#8217;t expect to reap <em>all</em> of the benefits from those ideas.</p>
<p>That&#8217;s the nature of implementing insanely great ideas. The bar has been raised, and, yes, Apple did most of the lifting. That&#8217;s how it goes.</p>
<p><a href="http://news.ycombinator.com/item?id=1161807">Paul Graham, yesterday</a>:</p>
<blockquote>
<p>If this had happened a day earlier I don&#8217;t think I would have
posted that RFS. Apple is inching ever closer to evil, and I worry
that there&#8217;s no one within the company who can stand up to Jobs
and tell him so.</p>
</blockquote>
<p>&#8220;That RFS&#8221; is the <a href="http://ycombinator.com/rfs6.html">request for iPad software startups</a> from Graham&#8217;s Y Combinator, and lest you think &#8220;evil&#8221; is too overwrought a word, Graham clarified <a href="http://news.ycombinator.com/item?id=1161946">later in the same thread</a>:</p>
<blockquote>
<p>Historically the word &#8220;evil&#8221; has had a pretty broad meaning. Among
tech companies the word has a new and fairly specific sense that
follows from Paul Buchheit&#8217;s slogan &#8220;Don&#8217;t be evil.&#8221; That&#8217;s the
sense I was using. It has a pretty low bar. It means, roughly,
winning by taking advantage of people instead of by doing good
work.</p>
</blockquote>
<p>I wouldn&#8217;t use the word <em>evil</em> this way, but I&#8217;m right there with Graham on this sentiment. And I say this not in any sort of hippy-dippy sense of expecting or even hoping for Apple to behave selflessly, holding them to a separate idealistic standard, or expecting them to fight with one arm tied behind their corporate back. And only a fool would argue that a company should never seek redress through litigation.</p>
<p>But I believe that it&#8217;s good business, in the long run, for a company&#8217;s acts of aggression to take place in the market, not in the courts. My concern regarding this litigation against HTC is that it looks like an act of competitive aggression, not defense.</p>
<p>I can think of only a few optimistic angles for this suit. One is that perhaps it&#8217;s a by-product of the suit Apple is engaged in against (and initiated by) Nokia. Apple&#8217;s counter-suit against Nokia involves some of the same patents at play here, and perhaps Apple&#8217;s lawyers have concluded that they need to enforce them against someone like HTC in order to use them in their counter-suit against Nokia. Or, perhaps one or more of the truly technical patents Apple has cited against HTC are genuine instances of intellectual property theft, the specific nature of which is unclear from the opaque language of the patent filings, and the rest of the cited patent violations were tacked on as part of a legal strategy along the lines of &#8220;<em>If you&#8217;re going to punch them, punch them as hard as you can</em>&#8221;. I.e. that they&#8217;ve filed suit as widely as they can, but have specific narrow violations in mind.</p>
<p>What worries me is the idea that Apple, or even just Steve Jobs, believes that phones like the Nexus One have no right to exist, period, and that patent litigation to keep them off the market is in the company&#8217;s interests. I say it&#8217;s worrisome not because I think it&#8217;s evil, or foolish, or unreasonable, but because it is unwise, shortsighted, and unnecessary. </p>
<div class="footnotes">
<hr />
<ol>
<li id="fn1-2010-03-03">
<p>For example, consider the timing of <a href="http://daringfireball.net/linked/2010/01/05/app-store-3b">this PR Apple released early in the morning on January 5</a>, announcing the three-billionth download from the App Store. Jobs is quoted thus: “The revolutionary App Store offers iPhone and iPod touch users an experience unlike anything else available on other mobile devices, and we see no signs of the competition catching up anytime soon.”</p>
<p>January 5 was the day Google held its event to unveil the Nexus One.&nbsp;<a href="#fnr1-2010-03-03" class="footnoteBackLink" title="Jump back to footnote 1 in the text.">&#8617;</a></p>
</li>
</ol>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Rep. Patrick McHenry (R-NC):</p>
<blockquote>
<p>&#8220;Every generation needs its own heroes. One decade into the 21st
century, it&#8217;s time to honor the last great president of the 20th
and give President Reagan a place beside Presidents Roosevelt and
Kennedy.&#8221;</p>
</blockquote>
<p>Bill Clinton, of course, left office with <a href="http://www.gallup.com/poll/116677/presidential-approval-ratings-gallup-historical-statistics-trends.aspx#2">higher approval ratings</a> (particularly the <a href="http://www.gallup.com/poll/116677/presidential-approval-ratings-gallup-historical-statistics-trends.aspx#1">average for his second term</a>) and a balanced budget.</p>
<div>
<a title="Permanent link to ‘Republican Representative Introduces a Bill to Put Reagan on $50 Bill’" href="http://daringfireball.net/linked/2010/03/03/reagan">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Greg Sandoval, reporting for CNet:</p>
<blockquote>
<p>The company&#8217;s representatives have recently spoken with some of
the major film studios about enabling iTunes users to store their
content on the company&#8217;s servers, two people familiar with the
discussions told CNET. That&#8217;s in addition to streaming television
shows and music. [&#8230;] Apple&#8217;s vision is to build proverbial
digital shelves where iTunes users store their media, one of the
sources said. &#8220;Basically, they want to eliminate the hard drive,&#8221;
the source said.</p>
</blockquote>
<p>There are two ways to interpret this. One would be that Apple will provide online storage for your iTunes purchases as backup, so that if your hard drive fails or your computer is lost or if you simply buy more movies than you have space to store yourself, you still have access to everything you&#8217;ve bought. Think of this model as like IMAP for iTunes content &#8212; it would also allow multiple devices (computer, iPhone, iPad) to remain in sync over the air, rather than the current model where devices need to be tethered via USB to your computer in order to sync. I think this would be fantastic. As it stands now, iTunes customers are responsible for the data integrity of their purchases. <strong>Update:</strong> Think of it this way: if Apple <em>doesn&#8217;t</em> do something like this, then what&#8217;s the model for owning an iPad as your primary computing device?</p>
<p>The other way to interpret it &#8212; <a href="http://scripting.com/stories/2010/03/03/whatIsAppleUpTo.html">the dystopic take</a> &#8212; is that Apple wants to remove local storage entirely, except perhaps as a cache that we can&#8217;t control. In this model, if you disconnect from Apple&#8217;s servers, you lose access to your library. (Given that we&#8217;re lucky to complete phone calls on weekday afternoons in certain U.S. metro areas, we&#8217;re a ways off from this being feasible, even if it is what Apple has in mind.)</p>
<div>
<a title="Permanent link to ‘Cloud-Based Video Storage From Apple?’" href="http://daringfireball.net/linked/2010/03/03/apple-cloud">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Worth a <a href="http://daringfireball.net/linked/2007/11/05/dumbest">re-link</a>, just to point out this remark from &#8220;<a href="http://techdirt.com/articles/20100217/1853298215.shtml">genius</a>&#8221; patent troll Nathan Myhrvold regarding Steve Jobs&#8217;s return to Apple in 1997:</p>
<blockquote>
<p>&#8220;Apple is already dead.&#8221;</p>
</blockquote>
<p>(Myhrvold at the time was Microsoft&#8217;s CTO.)</p>
<div>
<a title="Permanent link to ‘&#8216;Already Dead&#8217;, Eh?’" href="http://daringfireball.net/linked/2010/03/03/myhrvold-genius">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Dan Frommer makes a good point:</p>
<blockquote>
<p>But in terms of perception, it&#8217;s really the latest sign from Apple
that it is terrified of Google, whose Android operating system is
becoming a formidable rival in the smartphone industry.</p>
</blockquote>
<p>Whether it&#8217;s true or not doesn&#8217;t matter. This is how it looks.</p>
<div>
<a title="Permanent link to ‘Not a Good Move, Perception-Wise’" href="http://daringfireball.net/linked/2010/03/03/dan-frommer-perception">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Speaking of Jason Snell, he&#8217;s got a thoughtful look at the Nexus One and Android, particularly in comparison to the iPhone.</p>
<div>
<a title="Permanent link to ‘Jason Snell on Google&#8217;s Nexus One’" href="http://daringfireball.net/linked/2010/03/05/snell-nexus">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Jason Snell &#8212; editorial director at Macworld &#8212; wrote <a href="http://jsnell.intertext.com/post/419218293/merlin-wants-free-full-text-rss-feeds">an interesting piece on his personal site</a> regarding full-text RSS feeds, prompted by <a href="http://www.kungfugrippe.com/post/416273227/feed-me-atlantic">Merlin Mann&#8217;s piece</a> last week regarding The Atlantic.</p>
<p>Snell writes:</p>
<blockquote>
<p>RSS doesn’t generate revenue directly. There are ads in RSS,
sure, but they’re cheap and lousy and don’t have remotely the
return as ads on web pages. The question is, if you publish all
your content in RSS, does the resulting drop in traffic get offset
by the fringe benefits? In the mind of some — presumably
including Merlin Mann and John Gruber — you may lose a small
percentage of tech-savvy people, but those people tend to be the
ones who pass links around to friends and on their blogs and on
Twitter, and a lot of those people will come to your web site from
there, so in the end it’s a net benefit. Plus, more people will
care about you and your brand and that’s a good thing.</p>
<p>I agree, that’s good. I wish someone could cite some studies
that prove that giving away your full-text RSS doesn’t hurt
traffic, but helps it.</p>
</blockquote>
<p>It should go without saying that what works for me here at Daring Fireball, as a one-man show, may well not work (or work nearly as well) for a large operation with a full editorial staff such as Macworld. But: <a href="http://daringfireball.net/feeds/">DF&#8217;s RSS feed</a>, which contains the full content of the site, not only generates money directly, but has grown to become the single largest source of revenue on the site.</p>
<p>The ads in most sponsored RSS feeds are indeed cheap and lousy. The ads in DF&#8217;s RSS feed are neither. They&#8217;re priced at a premium, and have attracted (if I do say so myself) premium sponsors.</p>
<p>What is &#8220;traffic&#8221;? I suspect Snell is talking about <em>page views</em>. When someone loads a web page in their browser, that&#8217;s a page view. Most advertising on the web (but <a href="http://decknetwork.net/">not all</a>) is sold using page views as the metric &#8212; advertisers pay an agreed-upon amount for every thousand page views on which their ad appears.</p>
<p>When I switched DF&#8217;s free public RSS feed <a href="http://daringfireball.net/2007/07/regarding_df_feed">to full-content in August 2007</a>, DF&#8217;s web page views had been growing steadily month-to-month. After the switch, web page views were stagnant, with no growth, for about a year. (If anything, <a href="http://daringfireball.net/2007/10/feedery">they went down</a> in the first few months.) But <em>readership</em> clearly continued to grow: subscribers to the feed skyrocketed. And, about a year ago, even web page views started growing significantly once again &#8212; going from a little over one million per month to a little over two million per month.</p>
<p>If you&#8217;ve got a model where revenue is tied only to web page views, switching to full-content RSS feeds will hurt, at least in the short term. The problem, I say, isn&#8217;t with full-content RSS feeds, but rather with a business model that hinges solely on web page views. The precious commodity that we, as publishers, have to offer advertisers is the <em>attention</em> of our readers. Web page views are a terribly inaccurate, if not outright misleading, metric for attention. Subscribers to a full-content RSS feed are among the readers paying the <em>most</em> attention, but generate among the <em>least</em> web page views.</p>
<p>A reader asking for a full-content RSS feed is a reader who wants to pay <em>more</em> attention to what you publish. There have to be ways to thrive financially from that.</p>
<p>(I could go on, which is good, because <a href="http://my.sxsw.com/events/event/617">my friend Jim Coudal and I are speaking together on this very topic &#8212; online advertising &#8212; at SXSW next week</a>. Our session is at 3:30pm Sunday afternoon.)</p>
<p><strong>Update:</strong> <a href="http://jsnell.intertext.com/post/428974147/attention-and-audiences">Jason Snell&#8217;s thoughtful response</a>.</p>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>The SDK includes a simulator, but it doesn&#8217;t really help with gauging the <em>feel</em>.</p>
<div>
<a title="Permanent link to ‘Dan Moren on the Problem iPad Developers Face: They Don&#8217;t Have Actual iPads’" href="http://daringfireball.net/linked/2010/03/05/moren-ipad-devs">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Very interesting, but note that this is not a demo of a device, or even of actual software. It&#8217;s a demo of a <em>concept</em>. I&#8217;d wager money that we&#8217;ll never see an actual product from Microsoft that works like this.</p>
<div>
<a title="Permanent link to ‘Engadget&#8217;s Newly &#8216;Leaked&#8217; Concept Video of Microsoft&#8217;s Courier’" href="http://daringfireball.net/linked/2010/03/05/engadget-courier">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>John Paczkowski:</p>
<blockquote>
<p>If the ship date was to be April 3, why didn’t Jobs say so at
the January event?</p>
<p>Obviously, it’s impossible to say. Though it’s certainly
interesting that Jobs couldn’t offer a hard ship date for a
major product that was just two months out.</p>
<p>Does this mean Apple may have run into a bit of an iPad
manufacturing hiccup after all? I suppose it’s possible.
Cannaccord Adams analyst Peter Misek, who first reported alleged
production issues with the iPad, certainly thinks so.</p>
</blockquote>
<p>My sources suggest that Misek is wrong. It was the software, not the hardware, that took a week or two longer to finish than they&#8217;d hoped. Nothing extraordinary or unusual, just the usual hard-to-predict timing of turning software that&#8217;s <em>almost</em> ready to ship into software that&#8217;s ready to ship. In the grand history of major OS release date slips, one week is pretty tame.</p>
<p><strong>Update:</strong> Some readers <a href="http://twitter.com/wapdgn/status/10039488022">are arguing</a> that it must be a hardware delay, because sales outside the U.S. don&#8217;t start for another month. Could be that there are manufacturing delays, too, I suppose. But I was never under the impression that Apple ever intended for the iPad to go on sale worldwide on day one. Is the delay before sales in Europe a change?</p>
<div>
<a title="Permanent link to ‘Why the iPad Won&#8217;t Quite Ship Within &#8216;60 Days&#8217; of the Announcement Event’" href="http://daringfireball.net/linked/2010/03/05/ipad-ship-date">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Get your credit cards warmed up.</p>
<div>
<a title="Permanent link to ‘iPad to Ship on April 3; Pre-Orders Start Next Week’" href="http://daringfireball.net/linked/2010/03/05/ipad">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Keen analysis and good advice.</p>
<div>
<a title="Permanent link to ‘Matt Gemmell on iPad Application Design’" href="http://daringfireball.net/linked/2010/03/05/gemmell-ipad-design">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>This is interesting: when the Photoshop.com Mobile 1.1 app for Android is installed, Android developers can, in their own apps, use Photoshop for Android&#8217;s image editor as an embedded view. Android calls this an &#8220;activity&#8221;; it&#8217;s sort of analogous to a service on Mac OS X. (There&#8217;s nothing like it in iPhone OS 3.x.)</p>
<div>
<a title="Permanent link to ‘Photoshop.com Mobile Android App for Developers’" href="http://daringfireball.net/linked/2010/03/05/android-photoshop">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>HTML5 moves ever forward.</p>
<div>
<a title="Permanent link to ‘All Six HTML WG Working Drafts Have Been Published’" href="http://daringfireball.net/linked/2010/03/04/html5-drafts">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Thoughtful, beautifully illustrated essay by Craig Mod on the future of books. I think he&#8217;s got it exactly right. (And I agree with him that iBooks&#8217;s &#8220;paper page turning&#8221; metaphor is the wrong one for long form iPad reading and design.)</p>
<div>
<a title="Permanent link to ‘Books in the Age of the iPad’" href="http://daringfireball.net/linked/2010/03/04/mod-books">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>David Barnard on the difficulties of projecting long-term revenue from volatile short-term fluctuations in sales from the App Store and Android Market.</p>
<div>
<a title="Permanent link to ‘&#8216;Made, Is Making, or Will Make?&#8217;’" href="http://daringfireball.net/linked/2010/03/04/barnard">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Fortune:</p>
<blockquote>
<p>As BMW CEO Norbert Reithofer puts it, &#8220;The whole world held its
breath before the iPad was announced. That&#8217;s brand management at
its very best.&#8221;</p>
</blockquote>
<p>Google, Berkshire Hathaway, Johnson &amp; Johnson, and Amazon round out the top five.</p>
<div>
<a title="Permanent link to ‘Apple Tops Fortune&#8217;s 2010 List of World&#8217;s Most Admired Companies’" href="http://daringfireball.net/linked/2010/03/04/apple-fortune">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>A bunch of readers have emailed regarding <a href="http://daringfireball.net/2010/03/this_apple_htc_patent_thing">yesterday&#8217;s piece</a> on the Apple-HTC patent suit to ask why I didn&#8217;t compare it to Apple&#8217;s ill-fated <a href="http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microsoft_Corporation">&#8220;Look and Feel&#8221; lawsuit against Microsoft</a>. I don&#8217;t think the comparison is all that interesting or apt, basically.</p>
<p>For one thing, that suit was a copyright case, not a patent case. I think it&#8217;s fair to say that&#8217;s an entirely different ballgame legally. For another, the personnel are completely different. The entirety of that dispute with Microsoft took place during Steve Jobs&#8217;s exile from Apple.</p>
<p>But that actually led me to an interesting thought this morning. Leave aside the legal differences between copyright violations and patent disputes, and the two cases more or less boil down to the same fundamental situation: Apple brings to market a revolutionary next step in personal computers; competitors then use those same ideas in competing products. Microsoft and Windows then; Google and Android now.</p>
<p>I can see that what some people &#8212; people who are far more sympathetic to the idea of Apple attacking Android via the courts than I am &#8212; are thinking is more or less that Apple got screwed the last time when a competitor was able to shamelessly use the ideas that Apple first created, and so Apple should do whatever it can to keep that from happening again.</p>
<p>Apple&#8217;s argument in the Microsoft case was that Windows was a copy of the Mac&#8217;s copyrighted &#8220;look and feel&#8221;: mouse pointer, menu bar with pull-down menus, overlapping rectangular windows with a title bar at the top containing buttons for zooming and closing, scrollbars, icons representing applications and documents, click-and-drag text selection, drag-and-drop, a trash can, undo, a &#8220;desktop&#8221;, cross-application copy-and-paste &#8212; all these aspects from the Mac were also in Windows.</p>
<p>But what if Apple <em>had</em> patented these things in 1984, and had successfully protected these patents from being used by other U.S. companies? (Or at least the features and designs which weren&#8217;t derived from <a href="http://toastytech.com/guis/star.html">earlier work at Xerox</a>.) It&#8217;s not just Microsoft that would&#8217;ve been blocked from creating Windows as we know it. A company called NeXT would have been blocked from creating NeXTStep. Every single Mac feature I described above was part of the NeXT UI as well.</p>
<p>Good ideas are meant to spread.</p>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Speaking of game-related Apple news.</p>
<div>
<a title="Permanent link to ‘GDC Summit Devoted Entirely to iPhone OS Gaming’" href="http://daringfireball.net/linked/2010/03/08/gdc">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Big news for the Mac as a game platform:</p>
<blockquote>
<p>If players already own the PC versions of Valve games, they’ll
get Mac versions at no extra charge through a feature called Steam
Play. [&#8230;] By using the Steam Cloud feature that the company
introduced in 2008, players can save in-progress games online,
then call up those saved games no matter which version they’re
playing. If you’re playing Half-Life 2 on your home PC but then
head out on the road with your MacBook, you can continue your
game-in-progress.</p>
</blockquote>
<div>
<a title="Permanent link to ‘Valve Announces That Its Games and Steam Service Are Coming to the Mac’" href="http://daringfireball.net/linked/2010/03/08/valve">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Interviews, readings, and more, &#8220;lovingly collected by Ryan Walsh in early 2009&#8221;. It&#8217;s a gold mine.</p>
<div>
<a title="Permanent link to ‘The David Foster Wallace Audio Project’" href="http://daringfireball.net/linked/2010/03/08/dfw-audio-project">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>He thinks it&#8217;s a scam to make it harder for iPhone (and soon, iPad) owners to use Wi-Fi, so that they instead use 3G and run up service charges. This is nutty. The carriers &#8212; AT&amp;T especially &#8212; really do want iPhone owners to use Wi-Fi. AT&amp;T CEO Randall Stephenson is <a href="http://www.wired.com/gadgetlab/2010/03/ipad-att/">practically begging iPad users to use Wi-Fi</a>.</p>
<p>Plus, the iPhone has built-in features for finding open Wi-Fi networks, right there in the Settings app. By default it even lets you know when it finds an open network. It boggles the mind that anyone would think there&#8217;s something fishy about these apps being removed.</p>
<div>
<a title="Permanent link to ‘Carmi Levy&#8217;s Conspiracy Theory Regarding Apple&#8217;s Removal of Wi-Fi Scanning Apps from the App Store’" href="http://daringfireball.net/linked/2010/03/08/levy">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>He&#8217;s very kind to state that DF was an inspiration. I stole the intermingled short-links-and-longer-articles format from Kottke, though.</p>
<div>
<a title="Permanent link to ‘Cameron Moll on His Weblog Redesign’" href="http://daringfireball.net/linked/2010/03/08/cameron-moll">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Saved, perhaps, by the iPhone. They turned a profit last year and expect $100 million in revenue this year.</p>
<div>
<a title="Permanent link to ‘New York Times Profile on Pandora and Founder Tim Westergren’" href="http://daringfireball.net/linked/2010/03/08/pandora">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Winner of the Oscar for Best Short Film. If you love profanity, ultra violence, and logos, you&#8217;re going to enjoy this as much as I did. (<a href="http://kottke.org/10/02/logorama">Via Kottke</a>.)</p>
<div>
<a title="Permanent link to ‘&#8216;Logorama&#8217;’" href="http://daringfireball.net/linked/2010/03/08/logorama">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Roger Ebert:</p>
<blockquote>
<p>Bigelow did it, I believe, because she quite simply made the best
film: The tension generated by the film was extraordinary. Yes,
situations involving defusing bombs are common enough, but somehow
Bigelow made the bomb scenes human, not technical. Perhaps that
was the woman in her?</p>
</blockquote>
<p>I&#8217;d say they pretty much got it right with the winners this year. The tribute to John Hughes was very nice.</p>
<p>(<em>The Hurt Locker</em> <a href="http://darronhartas.blogspot.com/2010/02/best-films-choose-fujifilm.html">was shot on 16mm film</a>; when was the last Best Picture winner (or even nominee?) that was shot on 16mm? <strong>Update:</strong> <a href="http://en.wikipedia.org/wiki/Category:Films_shot_in_Super_16"><em>Leaving Las Vegas</em></a>?)</p>
<div>
<a title="Permanent link to ‘&#8216;The Hurt Locker&#8217; Wins Best Picture; Kathryn Bigelow First Woman to Win Best Director’" href="http://daringfireball.net/linked/2010/03/08/hurt-locker">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>President Obama has appointed Edward Tufte to the Recovery Independent Advisory Panel, &#8220;whose job is to track and explain $787 billion in recovery stimulus funds&#8221;. Outstanding.</p>
<div>
<a title="Permanent link to ‘Edward Tufte Presidential Appointment’" href="http://daringfireball.net/linked/2010/03/08/tufte-obama">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Just like with Apple&#8217;s iPhone commercials, the ad focuses on how the device actually looks and works and what it can do. So good.</p>
<div>
<a title="Permanent link to ‘Apple&#8217;s iPad Commercial From the Oscars’" href="http://daringfireball.net/linked/2010/03/08/ipad-ad">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>DailyDeeds is the simplest new way to keep laser focused on your everyday goals. Launch DailyDeeds on your iPhone or iPod Touch and set some new habits for yourself: 30 minutes sketching, take 10 photos, practice guitar, you name it. Things you tend <em>not</em> to do, but things you <em>want</em> to do &#8212; and do often. </p>
<p>Each day you pull off a task, just tap the box and over time DailyDeeds conjures up a visual history for you. No fuss, hands down the easiest solution ever for everyday diary keeping. <a href="http://spoonjuice.com/dailydeeds">For more details stop by our site</a> or click through <a href="http://itunes.apple.com/us/app/daily-deeds/id358401617?mt=8">to the App Store</a> for an instant download.</p>
</content>
by Daring Fireball Department of Commerce at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>A site like Ars, with a tech-savvy audience, is the hardest hit. Fisher claims 40 percent of Ars readers are blocking their ads, and points out that many readers running ad blockers aren&#8217;t even aware that they&#8217;re costing sites money:</p>
<blockquote>
<p>There is an oft-stated misconception that if a user never clicks
on ads, then blocking them won&#8217;t hurt a site financially. This is
wrong. Most sites, at least sites the size of ours, are paid on a
per view basis.</p>
</blockquote>
<p>I have no easy answer, but I will point out that there&#8217;s no inherent reason why ads have to be something people are tempted to block. It&#8217;s not enough to ask readers not to block ads &#8212; you&#8217;ve got to work hard at providing ads that <a href="http://blog.mozilla.com/rob-sayre/2010/03/06/why-ad-blockers-work/">readers actually enjoy</a>, or at least aren&#8217;t tempted to block.</p>
<p><strong>Update:</strong> There&#8217;s a prisoners&#8217; dilemma problem with ad blockers, where it doesn&#8217;t matter if one site shows reasonable ads if others show crap ads, because those crap ads will drive users to install ad-blocking software, and ad-blocking software casts a wide net and blocks as much as it can. It&#8217;s unlikely that most ad-blocker-using Ars readers installed their ad-blocker because of the ads on Ars Technica.</p>
<div>
<a title="Permanent link to ‘Ken Fisher of Ars Technica on How Ad Blockers Hurt Revenue’" href="http://daringfireball.net/linked/2010/03/07/fisher-ars-ad-blockers">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Bill Ray for The Register, on the Wi-Fi scanning apps removed from the App Store last week:</p>
<blockquote>
<p>Wi-Fi detection is something of a niche: there were never more
than a handful of such applications in iTunes. But now even those
have vanished as Apple decided they were using a &#8220;private
framework&#8221;, and has pulled them off the shelves without
explanation or apology. [&#8230;]</p>
<p>&#8220;We received a very unfortunate email today from Apple stating
that WiFi Where has been removed from sale on the App Store for
using private frameworks to access wireless information,&#8221; explains
one developer, though Apple has apparently declined to explain
exactly what rule the scanning applications are breaking.</p>
</blockquote>
<p>Uh, the rule <a href="http://wifinetnews.com/archives/2010/03/apple_drops_wi-fi_sniffers_from_iphone_app_store.html">against using private frameworks</a>?</p>
<p><strong>Update:</strong> Worth noting that this is the same Bill Ray who, in December 2006, a month before the iPhone was unveiled, wrote &#8220;<a href="http://www.theregister.co.uk/2006/12/23/iphone_will_fail/">Why the Apple Phone Will Fail, and Fail Badly</a>&#8221;.</p>
<div>
<a title="Permanent link to ‘This Is Not Hard to Understand’" href="http://daringfireball.net/linked/2010/03/07/register-private-apis">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>They call it a &#8220;plugin development kit&#8221;, but what it really means is that developers can write compiled C/C++ apps for WebOS now. And <a href="http://digitaldaily.allthingsd.com/20100305/gdc-10-palms-mobile-gaming-push/">according to John Paczkowski</a>:</p>
<blockquote>
<p>Perhaps more important, the PDK will allow developers to rewrite
mobile apps created for other platforms to run on webOS with
minimal modification. Apps that currently run on Apple’s
iPhone, for example, can be ported over in a matter of days,
sources close to the company tell me, and they don’t really
suffer any degradation in performance.</p>
</blockquote>
<p>I can only assume that this is in reference to games with cross-platform cores, not utility-type apps that are Cocoa Touch through-and-through.</p>
<div>
<a title="Permanent link to ‘Palm Introduces WebOS Plugin Development Kit’" href="http://daringfireball.net/linked/2010/03/06/webos-plugin">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>I <a href="http://daringfireball.net/linked/2010/03/05/ipad-ship-date">stand corrected</a> regarding the original expectations for iPad availability worldwide. During the iPad introduction event last month, the slide stating that the Wi-Fi models would be available in &#8220;60 days&#8221; also included this underneath: &#8220;Worldwide availability of WiFi models&#8221;.</p>
<div>
<a title="Permanent link to ‘&#8216;60 Days&#8217;’" href="http://daringfireball.net/linked/2010/03/05/60-days">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Speaking of DF RSS feed sponsorships, I&#8217;d like to thank this week&#8217;s sponsor, The Mac Sale. They&#8217;ve got a terrific bundle of Mac apps for sale through March 15 for just $49.99. The bundle includes: MacGourmet Deluxe, VideoConverter Pro, Supercard, Shovebox, MiniOne Racing, PathFinder, StoryMill, Inkbook, Slideshow, and Finance 6. All 10 apps, just $49.99.</p>
<p>(The Mac Sale is a collaboration between <a href="http://maczot.com/">MacZot</a> and The Escapers, makers of the <a href="http://www.theescapers.com/">Flux web design app</a>.)</p>
<div>
<a title="Permanent link to ‘The Mac Sale Bundle’" href="http://daringfireball.net/linked/2010/03/05/mac-sale-bundle">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Brian X. Chen at Wired, <a href="http://www.wired.com/gadgetlab/2010/03/ipad-apps/">on the default iPhone apps that aren&#8217;t present on the iPad</a>:</p>
<blockquote>
<p>But if you recall, the iPhone ships with some apps that appear to
be left out from the iPad: Stocks, Calculator, Clock, Weather and
Voice Memos. What gives?</p>
<p>Apple didn’t respond to a request for comment, but I’m willing
to guess Apple will just stick those apps in the App Store for a
free download, and they’ll be the same apps as they were on the
iPhone. After all, it’s unlikely there’s much to do with those
particular apps to make them visually special for the iPad.</p>
</blockquote>
<p>Actually, it&#8217;s sort of the opposite problem. It&#8217;s not that Apple <em>couldn&#8217;t</em> just create bigger versions of these apps and have them run on the iPad. It wasn&#8217;t a technical problem, it was a design problem. There were, internally to Apple (of course), versions of these apps (or least some of them) with upscaled iPad-sized graphics, but otherwise the same UI and layout as the iPhone versions. Ends up that just blowing up iPhone apps to fill the iPad screen looks and feels weird, even if you use higher-resolution graphics so that nothing looks pixelated. So they were scrapped by you-know-who. Perhaps they&#8217;ll appear on the iPad in some re-imagined form this summer with OS 4.0, but when the iPad ships next month, there won&#8217;t be versions of these apps. At least that&#8217;s the story I&#8217;ve heard from a few well-informed little birdies.</p>
<p>(There is, alas, <a href="http://daringfireball.net/linked/2010/02/02/fox-widgets">no secret &#8220;widget&#8221; mode</a> for iPad in OS 3.2, either.)</p>
<p>Some (maybe even most?) iPhone <em>games</em> will work well as-is, on the iPad. Not just technically, but in terms of being fun and feeling right. But non-game iPhone apps that are just upscaled on the iPad are going to feel weird. And the <em>run the app in a little iPhone-sized rectangle in the middle of an otherwise black screen</em> mode is even weirder, I think. A 3.5-inch screen is just totally different than a 10-inch screen.</p>
<p>On the whole, it&#8217;s actually rather un-Apple-like that they&#8217;re even allowing iPhone apps to run unmodified on the iPad. It&#8217;s a huge compatibility win, of course: an instant market of thousands and thousands of titles. Given the runaway success of the App Store and the fundamental technical similarities between the iPhone and iPad, it&#8217;s the sort of decision that most companies wouldn&#8217;t even think twice about. But it&#8217;s undeniably a sub-optimal user experience. iPhone apps on the iPad are a &#8220;good enough&#8221; thing, not an &#8220;exactly right&#8221; thing. Most companies &#8212; the ones that wouldn&#8217;t even see it as a tough decision whether to allow iPhone apps to run on the iPad &#8212; settle for &#8220;good enough&#8221; all the time. Apple, on the other hand, usually goes for &#8220;exactly right&#8221;.</p>
<p>I&#8217;ll go so far as to predict that by the time Monday April 5 rolls around, it&#8217;ll already be an established meme that non-iPad-optimized iPhone apps are to the iPad what Classic apps were to Mac OS X &#8212; something you&#8217;ll make do with &#8220;for now&#8221; but can&#8217;t wait to abandon for the real thing.</p>
<p>I&#8217;m not saying it&#8217;s a mistake that Apple is allowing the iPad to run iPhone apps. I&#8217;m just saying that the iPad is not a big iPhone.</p>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Oh, you thought the gaming news was all sunshine and roses for Apple today? Not so, reports Sebastian Anthony at Download Squad:</p>
<blockquote>
<p>Apple, with its locked-down, isolated sandbox is in trouble. Do
game developers have any reason to continue working on games for
the iPhone or iPad now that Microsoft is offering so much more? [&#8230;]</p>
<p>Can Apple really see themselves competing, with a minuscule
desktop market share and 25% of the smartphone sector? Steve Jobs
has announced Apple&#8217;s intent to move into mobile gaming, but can
you really see developers siding with the iPhone when Windows
Phone 7 is just around the corner?</p>
</blockquote>
<div>
<a title="Permanent link to ‘Download Squad: &#8216;Microsoft Set to Destroy Apple in Every Games Market&#8217;’" href="http://daringfireball.net/linked/2010/03/08/download-squad">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>Answering the question, &#8220;Is the iPad just a big iPhone?&#8221; in the negative. Love this bit about the lack of hovering:</p>
<blockquote>
<p>Here’s why this section is about Controls: every day, your
cursor protects you from unclear UI. It helpfully turns into a
text cursor as you hover over textboxes, or a hand as you hover
over a link or action item.</p>
<p>iPad has no such thing. Bad UI will stick out like a sore thumb,
both in apps and on websites. Your tappable areas had better look
tappable. Your controls had better look controllable.</p>
</blockquote>
<div>
<a title="Permanent link to ‘Nice Presentation From Cameron Daigle on iPad UI Design’" href="http://daringfireball.net/linked/2010/03/08/daigle">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>AT&amp;T&#8217;s first Android phone, the Motorola Backflip, ships with an outdated version of the OS (1.5; current version is 2.1) and comes with a bunch of AT&amp;T-added apps that can&#8217;t be deleted. They&#8217;d do the same with the iPhone if it were up to them.</p>
<div>
<a title="Permanent link to ‘AT&amp;T&#8217;s Crummy Android Phone’" href="http://daringfireball.net/linked/2010/03/08/att-android">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>HP is banking heavily on the inclusion of Flash to be a selling point vs. the iPad. My gut feeling is that Flash will prove irrelevant, and that this thing will go nowhere simply because Windows 7 is terribly suited to a touchscreen tablet.</p>
<p>(And what in the world is the deal with the crazy server name in HP&#8217;s weblog URLs?)</p>
<div>
<a title="Permanent link to ‘New Promo Video From HP and Adobe on Upcoming &#8216;Slate Device&#8217;’" href="http://daringfireball.net/linked/2010/03/08/hp-adobe">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
<p>New site from Gabe Rivera: &#8220;Mediagazer is to media as Techmeme is to tech.&#8221;</p>
<div>
<a title="Permanent link to ‘Mediagazer’" href="http://daringfireball.net/linked/2010/03/08/mediagazer">&nbsp;★&nbsp;</a>
</div>
</content>
by John Gruber at March 08, 2010 11:03 PM | Bookmark with del.icio.us
As MacRumors' iPhone blog reports, Cooliris has released a free iPhone version [App Store] of their 3D "photo wall" browser plug-in that delivers a rather unique and ideal way of browsing images and...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
DougScripts.com brings us iTunes Library Manager v5.2.1 for Mac OS X. This AppleScript application facilitates multiple iTunes playlists each with their own preference seettings.For example, you can...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
As Macworld UK reports, Xerox and its partners have introduced the Xerox Multi-Functional Printer suite, a software package that integrates certain Xerox printers with enterprise business systems. A...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
iPod nano users that pine for the 80s might want to have a look at Vancouver firm Contexture Design's retro iPod nano cases.These unique retro cases for first- and second-generation iPod nanos are...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
Looking to do some iPod DJing at your next party? Is finding a cluster of "matching" songs in your library proving to be a challenge? Have a look at beaTunes v1.2.15 for Mac OS X.
beaTunes lets...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
As MacRumors' iPhone blog reports, Fring has released an iPhone version of their communications service today as a free App Store download [App Store].Fring allows you to chat and interact with...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
Sonzea LLC has released Syncopation 2.1.3 for Mac OS X.
Syncopation provides a hands-free solution to keep your iTunes music collection synchronized across multiple computers running Mac OS X....
March 08, 2010 11:03 PM | Bookmark with del.icio.us
On June 9, the iTunes App Store went live and users began downloading and enjoying the fruits of many developers' labor. Apple offers an extremely robust software development kit for the iPhone...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
As has been the case for the past six holidays, on Christmas morning many will find an iPod under the Christmas tree. Nowadays the number is in the millions. Whether you've just torn open a...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
All of us here at iPod Hacks want to wish you and yours a merry Christmas and happy holidays! We certainly hope that every one of our readers found an iPod, an iPhone, or related goodies under the...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
Floola 4.1 has just been released. Floola is an application to efficiently manage your iPod or your Motorola mobile phone (any model that supports iTunes) under Linux, Mac OS X, and Windows. Video...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
Ever seem like an App Store game runs faster (or slower) on your friend's iPhone or iPod touch as compared to your own? We have seen mention of this phenomenon and it always puzzled us. Internally,...
March 08, 2010 11:03 PM | Bookmark with del.icio.us
Apple has released firmware version 2.2 for the iPhone and iPod touch. The update can be found through iTunes' software update.Changes in this latest firmware release according to Apple:Enhancements...
March 08, 2010 11:03 PM | Bookmark with del.icio.us