Lodsys , the pluckiest little party in the letters patent troll business , repeat down this workweek . The Macalope does n’t know if they ’re holding the cards or not , but he ’s get the mature chemical reaction : name - career . Meanwhile Microsoft open a kimono and you ’ll be glad to have sex it ’s not Steve Ballmer ’s .
A cup of sorrows
Hey , turns out there is something we can agree on withLodsys .
For many citizenry , it is easy to call Lodsys and other rights holders figure for trying to be compensated for their right , within a system that is instal and known , than it is to consider one ’s own duty , or the promises and motivation of the platform provider .
It for sure is easy ! Particularly seeing as how you ’re being such jerks ! And , if the Macalope may say so , a crew of gigantic babies .
See ? That just seethe in good order off the Macalope ’s clapper . turn out it ’s not only sluttish , but also very evacuant , too .
Read more …
To be clear , while the Macalope is fine with name - calling in this situation , he is categoricallynotrecommending any kind of name - call effort against Lodsys . He completely concur withFlorian Muellerthat that would be counterproductive . But ifindividualswant to name call ? More tycoon to you . The steamy ones does n’t get why Lodsys is even bothering to pretend it has the moral high-pitched land . No one but a attorney is decease to applaud for the party .
Well , mayhap a mime . They ’re the only other fauna on Earth that ’s jealous of the accomplishments of literal humans . But a mime , of grade , would only acclaim silently .
Of course , Lodsys is right that most of us are not lawyers , so we really do n’t have two legal animal foot to stand on when talking about this case . But while we may not know the police force , we sleep with what we like — and it sure as heck is n’t Lodsys ’s “ business model , ” which seems indistinguishable from the eating riding habit of alamprey . And to be fair to the lamper eel , it ’s just doing what nature built it to do .
The Macalope is give way to take small exclusion to his editor program ( and kindly point him to the “ even ours ” part of the disclaimer at the top)who say :
Lodsys seems jolly sure of its position however . The company has promised that it will pay $ 1000 to any developer that it has accuse of infringement if it is determined that Apple ’s permit covers third - party developer .
If the company werereallysure of its position , it would have sued big - time developers , not the seven small shop class it ’s picking on . After all , that ’s where the money is , right-hand ? Seems more to the Macalope like Lodsys is pick on the small guy cable in the hope that Apple will step in and throw it some more cash for sitting on its butt and doing nothing . ( To be fair , those holier - than - thou blog posts do n’t write themselves . ) A $ 7000 bet with a possible top side in the millions ? That ’s not much of a endangerment .
While the organisation may be “ shew and known , ” that does n’t mean it does n’t wet-nurse . It ’s not protect the citizenry it should be protecting : the people who are creating value .
How can the Macalope state that without effectual foothold ? Because , having read Lodsys ’s shitty patent , he can enjoin you categorically that no one at Apple or The Iconfactory or anywhere else begin the idea for in - app purchase from reading it . So , once we ’ve dispensed with the idea that something has been forthwith stolen from Lodsys , we ’re left with the concept that it should be able to buy loosely - determine ideas and then bind them for ransom money , with no intention of ever using them itself . This is not “ rational attribute , ” it ’s noetic surety - taking .
Lodsys has even broughtMarco ArmentandFred Wilson — whodon’t always see middle to oculus — to match that computer software patent should be abolished . Indeed , it ’s material like this that makes one nostalgic forthe Swiss industrialist of 1884(PDF ) who suggested to their politics :
“ [ t]hat in the interest of the general successfulness of industry and deal , patent of invention protection , that loving cup of sorrows , may pass from [ us ] . ”
Well state , dead Swiss guy rope . At the time , the Swiss scheme say you could only patent thing that could be exemplify by working mechanical modeling . Of course , as the connect newspaper indicates , this did n’t work so well when trying to letters patent chemicals . Still , the Macalope thinks that some sort of practical implementation should be require , because it ’s galling to have companies that do nothing other than litigate sit around and gather money from people who actually get affair .
To paraphraseSteve Jobs : “ By the agency , what have you done that ’s so expectant ? Do you create anything or just sue others who do ? ”
We already bed the answer to that .
So , guess what , Lodsys ? Even if what you do is effectual , even if you ’re finally prove the right way within the law , we still do n’t have to like you , or your business model of profiting from a blemished system . We do n’t even have to be polite to you . Because however this legal battle finish up , the Macalope knows one matter : the right to call you figure is constitutionally protect , just as it should be .
If you ca n’t take the heating , you could always drop the suits .
Saying “no”
Now , another in a continue serial publication of Macalope disclaimer ( the Macalope ’s promise to you is that no clause will be printed until it ’s exhaustively disclaimed ): The title of this while is a caper . We ’re dismissive Apple sports fan . Jabbing Windows is just a thing we have to do , whether it ’s right or wrong . ( But , if it ’s wrong , why does it find so proper ? ) No extolment comes without a “ but , ” no compliment is give that is n’t backhand . It ’s all good merriment .
Well , now that Apple ’s on top , anyway .
Anyway , Microsoft gave a first look at Windows 8 the other twenty-four hour period , its first variety - of - tablet - optimized - plays - for - sure rendering of Windows . While some of it does appear snazzy , the Macalope agrees withJohn Gruberand Jason Snell about its shortcomings ( there’sa shocker ) . The skin of Windows 8 ’s pad experience look wonderful . It ’s in declining to rethink the app experience where it die .
Snell :
The society that spend a decade trying to advertise Windows tablets on a market place that just did n’t need them is still convinced that it ’s a selling point that Windows 8 tablets will run Microsoft Excel for Windows and if you fleece up a keyboard and mouse to them , you’re able to get an arrow cursor and click to your heart ’s content .
Awesome ! Well , not so awesome that Microsoft ’s going to show how well that interaction goesin its demo video . Excel is launched and the single file open dialog is shown , but the user declines to hear to actually use the program , because that would require either tapping those minuscule menu - ginmill icons or haul out a black eye . You ’ll probably be using your tablet someplace where there ’s a mat control surface , anyway , right ? Well , you will if you use a Windows 8 - found pill .
Surface ?
ticket ?
Sheesh , what sort of company locomote throughso many names for the same thing ?
But while it would be so easy to just publish Microsoft off as a completely clueless company that ’s just live on off its former glory , the fact is that there ’s some very interesting study run on at Microsoft .
It ’s straight . It ’s just the chief operating officer who ’s clueless and endure off the company ’s former aureole .
It just seems to be stuck inside a caller that ca n’t let go of the past tense for embrace its own hopeful future .
And this is the trouble with Microsoft ’s success , or at least how the company chooses to deal with its success . Except for a dyad of stray examples , it does n’t recognize how to turn the aircraft mailman . That ’s whysome investors are calling for the sweaty head of Steve Ballmer .
Onethe latest version of the Talk Show , John Gruber take note that the right agency to play the plot is to be the one to replace your own products . If you sit on something too long , you start the risk that someone else is hold out to do the line for you . Microsoft adjudicate to do it right with Windows Phone 7 , it just generate a late start .
The ship’s company often seems to have a trouble telling citizenry “ no”—an issue that Apple has never had . Apple tellslotsof people “ no . ” No , you ’re not take a floppy drive . No , you ’re not make a physical keyboard on our cell phone . No , we ’re not shit up our mobile devices with Flash . No , for that last prison term , we ’re not porting HyperCard to OS X , it ’s been 11 year , will you just drop it already , UGH , JEEZ ? !
If you want a ride to the future , there are two agency to get there . One is to catch a ride in the raceway car Apple ’s driving and accept the fact that , for the delight of a nice ride , you ’re go to have to ante up the toll along the route . Otherwise , you may take in the Microsoft double-decker . They do n’t make you pay the tolls but the heap stopseverywhere .
It ’ll be interesting to see if any silly pundits prick on this being an “ iPad killer . ” The Macalope suspects those masses have now been combust too many times , but you never know . Dumb springs eternal . The Macalope ’s so old he remembers being toldWindows Mobile 7 would totally destruct the iPhone . Of of course that was only three years ago , but he is at least that honest-to-goodness .
And that was not Windows Phone 7 , heed you , but Windows Mobile 7 . Which never ship . That Windows Mobile 7 . Admittedly , it ’s knockout to keep racetrack with the horrible name calling that Microsoft uses .
The Macalope actually does care Windows Phone 7 success ( well , within reason , anyway ) , because it ’s original and a sodding rethinking of what they were doing before . It ’s good for Microsoft and it ’s right for the market . As it stand , though , he ca n’t totally say that about Windows 8 .
It’s not just Windows H8
While he does n’t claim it ’s going to be an iPad Orcinus orca , Time ’s Jared Newmandoes take exception to both Gruber and Snell ’s analytic thinking . Gruber’salready deconstruct Newman ’s argumentwhich , when you strip out the banal misrepresentations of what Gruber and Snell said , is this :
What Microsoft attest on Wednesday is exactly what I require in a computer — a lightweight tablet UI that ’s mean for casual computing and a powerful , classic Windows that earmark me to work .
The problem with Newman ’s argument is that the part Gruber , Snell , and the Macalope are indicate is n’t move to work on is the part that Microsoft has already tried and fail with . If citizenry are dying to ladder full versions of applications on tablets , why have n’t they been doing that for year ? Answer : Because the user experience is like trying to put on a production ofRiverdancein an aeroplane bathroom .
Despite grounds to the opposite , Microsoft and Newman still seem to guess that not only can you get 18 clown into a Mini Cooper , you could do that and still get a overnice ride . We do n’t buy that . Not because , as Newman enjoin , we ’re disdainful Apple partizan — sometimes we are , but , in our defense , there ’s a lot to be disdainful of — but rather because we ’re commentator of history .
