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OTA will be MIA in March I bet

I am not an expert on the technologies involved in the disputes or the legal aspects of them.

A couple of things come to mind, however:

1. For a large company to intentionally grab and use patented methods in its new devices seems naive, almost suicidal from a business standpoint, and

2. For Apple to see devices come into the market place with characteristics even similar to its marketed devices and then bring suit to the manufacturers of those devices seems quite the ploy for attention as well as quite the knee-jerk reaction to being well-competed against on those technological levels.

When we read the patents we first think, "uh oh, iPhone got copied." But those technologies that we're using on Android devices probably and likely have their similarities in usage but lose the exacting similarities in actual build that Apple uses in its devices.

I'm sure HTC, et al, are prepared to show those things in a court of law and have been since the inception of their own similar but different technologies.

Where HTC erred is thinking touch screen technology is common knowledge. Steve simply got tired of people ripping him off. The facts are pretty clear. IPhone owns the pattent and technology of touch screen phones.

Think about it like this. I can't make a movie called Gravatar using the same characters and premise as Avatar. I am stealing that idea and calling it my own.

Simply put, you can't just jump on the coat tales of someone else without paying the piper.
 
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get your bib on



why do they have to be disgruntled, could have just been a tester who wanted to share with the community.



no, i dont think anyone thinks this is the final release. maybe a very few, but "most" would be a great exaggeration.



looks like it.

Only so many people had access to 2.1 correct? So either Verizon leaked it or HTC leaked it. Why would Verizon leak something they told everyone they would release in the first quarter of 2010?

If the OTA doesn't roll out in March will you apologize nicely Caddy?
 
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You talk about people, then you talk about companies...makes no sense.

Yes, people, testers, that work for vzw and htc both, had the update package....obviously.

One of those people leaked it, only reason being, to help the community....that's it, seriously.

I didn't say anything to you about a guaranteed release of the OTA before EOQ1, but I have said it I think on the boards here, and I will stick to it.
 
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You talk about people, then you talk about companies...makes no sense.

Yes, people, testers, that work for vzw and htc both, had the update package....obviously.

One of those people leaked it, only reason being, to help the community....that's it, seriously.

I didn't say anything to you about a guaranteed release of the OTA before EOQ1, but I have said it I think on the boards here, and I will stick to it.


Simple question Caddy. Did they or did they not beta test 2.1? I seem to recall NKT has been running 2.1 on his Eris for quite some time now. Are you telling me official testers didn't reveal all the problems with 2.1. So testers decided to leak it to gather more information?

Again, if 2.1 is not released in March will you officially offer a sincere apology to me?
 
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PS Caddy. You and I both know they have beta tested 2.1 for months. There is no way some tester released it to share with the community.

Actually, there is :)

on top of that, i have said it before, if it was intentional, why would they leak a broken copy that needed to be patched

Simple question Caddy. Did they or did they not beta test 2.1?
who is the "they" you refer to? and whats your definition of "beta test"?

obviously they (vzw, htc, and their tester employees) beta tested (loaded 2.1 on their phones and tested them) android 2.1

EDIT
I seem to recall NKT has been running 2.1 on his Eris for quite some time now. Are you telling me official testers didn't reveal all the problems with 2.1. So testers decided to leak it to gather more information?

i dont think any testers came here and misinformed anyone, testers i have spoke to, and myself running the leak, have not had many issues at all. something is creating a lot of problems for people, not sure if it is the users error while flashing or what.

the gmail login error on reboot though, we all have, and i would think that in itself is a dealbreaker for a final version.

i dont think anyone leaked anything in order to get more input from the community. it was leaked IMO just to hook us up.

EDIT EDIT: plz get your post right the first time so i dont have to keep editing my posts...
 
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Actually, there is :)

on top of that, i have said it before, if it was intentional, why would they leak a broken copy that needed to be patched



who is the "they" you refer to? and whats your definition of "beta test"?

obviously they (vzw, htc, and their tester employees) beta tested (loaded 2.1 on their phones and tested them) android 2.1

Don't try to lump me into some conspriracy theorists to discredit me Caddy. If they beta tested it then there is no need to leak it by testers Caddy. YOU stated it could have been leaked by testers. Are you retracting that statement?

It was leaked because it will never be officially released until the lawsuit is resolved. It is APPLES intellectual property until the courts says otherwise.
 
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Where HTC erred is thinking touch screen technology is common knowledge. Steve simply got tired of people ripping him off. The facts are pretty clear. IPhone owns the pattent and technology of touch screen phones.

Think about it like this. I can't make a movie called Gravatar using the same characters and premise as Avatar. I am stealing that idea and calling it my own.

Simply put, you can't just jump on the coat tales of someone else without paying the piper.

"Steve?"

lol .. anyway, I agree about using other people's patented ideas for profit being subject to question. If the Apple developers really do see that, if they honestly can show that it is their technology being used by HTC et al, then a judge or panel will work out a remedy, I'm sure.

I am really wondering, in my non-tech mind, if this is the case, though. I don't think it's a ploy, but I question this based mainly on the falling popularity of iPhone, as shown in graphs, charts and data analysis posted by OTD and others here.

Again, zero tech knowledge to compare and back up my suspicions, just speculation.
 
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Don't try to lump me into some conspriracy theorists to discredit me Caddy.

did i try to do that? where? i was just asking for clarification of your post.

If they beta tested it then there is no need to leak it by testers Caddy. YOU stated it could have been leaked by testers. Are you retracting that statement?

NO, am i speaking another language here? i mean seriously man. my head hurts reading your posts here, yes the testers are testing it and yes A (or more then one) testers leaked it, on purpose, just to hook the community up. it happens ALL the time for the BB users, RIM employees are notorious for leaking BB OS's....im not retracting anything.

It was leaked because it will never be officially released until the lawsuit is resolved. It is APPLES intellectual property until the courts says otherwise.

your off base.

tell you what, if this things doesnt start rolling by end of march, i will pay you $10, if it doesnt come out by august, ill send you another $20

if it DOES roll in march, you send me $20....

put your money where your mouth is.
 
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did i try to do that? where? i was just asking for clarification of your post.



NO, am i speaking another language here? i mean seriously man. my head hurts reading your posts here, yes the testers are testing it and yes A (or more then one) testers leaked it, on purpose, just to hook the community up. it happens ALL the time for the BB users, RIM employees are notorious for leaking BB OS's....im not retracting anything.



your off base.

tell you what, if this things doesnt start rolling by end of march, i will pay you $10, if it doesnt come out by august, ill send you another $20

if it DOES roll in march, you send me $20....

put your money where your mouth is.




Caddy, Take a deep breath man :)

Just to throw some of my cents into this:
1. The leak came from an HTC employee that was trying to help the community, I spoke to him briefly via PM over on XDA when he leaked it, bceause he saw the old Root thread I had there. Caddy is correct, he did it to help out our community.
2. I have had a couple seperate coversations with Verizon Test/Dev employees over the last few months during our previous rooting efforts. They approached me/us and gave helpful hints and what not in reference to 2.1. So they are testing it, and working out the bugs, and it will be here in Q1.

And Caddy, you once told me in a conversation that it wasnt worth the arguement and leave it, it was very sound advice, and I think this scenario is similar :)
Just looking out :)
 
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Couple things......

In no way shape or form was the leaked 2.1 given to us by Verizon or HTC as a company. Was the guy an employee of Verizon or HTC? Probably, but I don't know the guy personally and neither does anyone else so anything said from their on is wild speculation.

Next, the lawsuit against HTC, by Apple has not made it to court and, to my knowledge, HTC hasn't even received the paperwork for the lawsuit yet. There is nothing happening with it right now and it is not stopping the OTA update at all. The only real info that anyone has on the OTA of 2.1 is that it is supposed to be sent out by the end of Q1 2010. Unless anyone else has a real press release from Verizon or HTC stating otherwise then the information has not changed and stating anything else at this point is wild speculation. To quote my "good friend" newsradio PERIOD
 
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In no way shape or form was the leaked 2.1 given to us by Verizon or HTC as a company. Was the guy an employee of Verizon or HTC? Probably, but I don't know the guy personally and neither does anyone else so anything said from their on is wild speculation.
In no way shape or form was the leaked 2.1 given to us by Verizon or HTC as a company. Was the guy an employee of Verizon or HTC? Probably, but I don't know the guy personally and neither does anyone else so anything said from their on is wild speculation.

No wild speculation needed :)
1. The leak came from an HTC employee that was trying to help the community, I spoke to him briefly via PM over on XDA when he leaked it, bceause he saw the old Root thread I had there. Caddy is correct, he did it to help out our community.
 
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LOL!!! Are you guys telling me Verizon has no idea that a lawsuit is pending against HTC for stealing intellectual property? That makes no sense! Of course they know. And of course they won't knowingly pass along suspect intellectual property unless a court of law says it's okay.

Apple did not invent nor does it own the touchscreen. Their complaint speaks to the use of multitouch. You are making statements that are speculation. Just Google some of these things and read, you know Google......

It's all right there. HTC has not been served papers. There have been complaints filed but there is currently NO litigation in process. As I have said before, this is far from being in court.

And also again. Verizon would have NO LIABILITY if there is a judgment rendered. Only parties named in an legal action would be subjected to fines and resulting injunctions. So as of right now, Verizon is not in that category. Neither is Google.

If you had read the articles, you would also know that they filed a complaint with Federal Court in Delaware which is frequently the arena for such cases.

In addition to that they have filed a complaint with the ITC (International Trade Commission). The purpose of this is not compensatory, as that body can not award any damages. The purpose here is to attempt and bar any future imports.

This is plan B in case they are unable to press forward on patent action. There are still many stages. The patents will be challenged and they will attempt to find prior art to invalidate the patent.

That is the fact of the matter. You keep saying "Do you think that Verizon would........or HTC would......"


Here is what I know. If they were or are uncertain that they may see an amicable resolution they will then take steps to mitigate losses.

If they were to reach the aforementioned conclusion. They would, under no circumstance, release the ROM via leak. Can someone who is involved with Verizon please confirm this? I am tired. As Caddy says, it's as if you don't speak the same language.
 
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What language did you speak with him?

Frisco, your cynacism is to thick my friend...LOL
I didnt speak to him via phone or text, it was through a couple abrubt emails...
He asked a question and I answered and said he followed my thread and nothing of importance...
He spoke poor typed, what looked like google translate english...
Really here no there though...
It is just nice to know that people are willing to go above and beyond to help the community :)
 
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Where HTC erred is thinking touch screen technology is common knowledge. Steve simply got tired of people ripping him off. The facts are pretty clear. IPhone owns the pattent and technology of touch screen phones.
That's like saying Mercedes-Benz owns the patent and technology of 4 wheeled vehicles. That is simply a misinformed statement.
 
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I don't think Apple wins here. I believe it will be decided that you cannot copy Apples GUI. You can't use Apples icon look or their exact screen unlock graphic, which no one has. But to think that these patents are so broad based that no one can use touch screens in their products is absurd. And it just says "device", not even cell phones specifically. So would that mean that any device from a touch screen info kiosk/directory that you now see in many large office building lobbies to the Red Boxes that rent movies to cell phones and touch screen LCD monitors and touch screen nav. systems in many new cars....does anyone think that these patents cover all those touch devices and everything in between? Not hardly. It will be found that all these patents refer to is Apples likeness/icons, etc. It is meant to protect Apple from having others copy the exact likeness of Apple products. Apple did not invent touch screen technology. To think that no company can produce touch screen products for the next 25 years in again...abusrd.
 
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Couple things......

In no way shape or form was the leaked 2.1 given to us by Verizon or HTC as a company. Was the guy an employee of Verizon or HTC? Probably, but I don't know the guy personally and neither does anyone else so anything said from their on is wild speculation.

Next, the lawsuit against HTC, by Apple has not made it to court and, to my knowledge, HTC hasn't even received the paperwork for the lawsuit yet. There is nothing happening with it right now and it is not stopping the OTA update at all. The only real info that anyone has on the OTA of 2.1 is that it is supposed to be sent out by the end of Q1 2010. Unless anyone else has a real press release from Verizon or HTC stating otherwise then the information has not changed and stating anything else at this point is wild speculation. To quote my "good friend" newsradio PERIOD

Actually HTC has the paperwork, hell I have a copy of it... LOL
 
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