Oct 07

Apple announced the iPhone 4S and as usual many pundits are proclaiming their bitter disappointment. Let’s take a rational look at what Apple announced.

Hardware

The iPhone 4S has the following new or improved hardware:

  • Significantly faster processor.
  • A much improved camera.
  • 1080p HD video recording.
  • A new image signal processor.
  • AirPlay audio and video streaming and screen mirroring.
  • GSM and CDMA combined in one phone.
  • A redesigned system for managing the antennas.
  • Data download rates approaching 4G speeds over 3G networks.
  • Despite more and faster hardware, maintains industry leading battery life.

Wow, those hardware engineer slackers at Apple. What have they been doing for the past 15 months?

Why did they not give us:

  • A larger screen. Never mind that it would either lower the pixel density of the retina screen, or change the number of pixels and thus breaking most apps.
  • A 3D screen. Those devices are cool, but their sales numbers are not exactly approaching iPhone 4 levels.
  • A 3D camera. Ditto.
  • NFC. Consumers and merchants are not lining up for a new way to pay with a phone. The biggest cheerleader for NFC is Google, who wants to "manage" your purchase history data.
  • Solar powered. When there’s a quantum leap in solar cell efficiency, I doubt that cell phones will be the first application.
  • A new case design.
  • An "iPhone 5" label.

Since Apple only recently managed to fully meet demand for the iPhone 4, does it not make sense to continue to use as much as possible of the existing case and assembly materials and processes for the new phone? Which would in turn make it possible to roll out the iPhone 4S more quickly to more countries?

In the future you might as well get used to the incremental hardware improvements for the iPhone. Which is just what Apple has done for the past four iPhone generations.

Software

Software does not suffer from the same pesky physical laws and limitations that hardware has to abide by. As long as we continue to see incrementally faster processors and more memory, there’s really no limit to software innovations.

So what did we get along with the iPhone 4S:

  • iOS 5 – Many significant improvements over the current OS.
  • iCloud – A new way to manage your data across multiple devices and computers.
  • iMessage – A clever end-run around the phone carriers. I bet they didn’t see this coming as a software update to millions of their current customers.
  • Siri – A very sophisticated personal assistant with AI-like qualities.

Of course many of these software innovations require and depend on the incrementally better hardware. This is what Apple does so well: integrating hardware and software.

In the future the new smarts in Smartphones will continue to come from the software. The pundits can shed tears over the lack of fantasy hardware. In the meantime, we developers are more than happy to welcome the next 100 million iPhone 4S owners as our customers.

written by Nick \\ tags:

Oct 05

I am honored to be with you today at your commencement from one of the finest universities in the world. I never graduated from college. Truth be told, this is the closest I’ve ever gotten to a college graduation. Today I want to tell you three stories from my life. That’s it. No big deal. Just three stories.

The first story is about connecting the dots.

I dropped out of Reed College after the first six months, but then stayed around as a drop-in for another 18 months or so before I really quit. So why did I drop out?

It started before I was born. My biological mother was a young, unwed college graduate student, and she decided to put me up for adoption. She felt very strongly that I should be adopted by college graduates, so everything was all set for me to be adopted at birth by a lawyer and his wife. Except that when I popped out they decided at the last minute that they really wanted a girl. So my parents, who were on a waiting list, got a call in the middle of the night asking: “We have an unexpected baby boy; do you want him?” They said: “Of course.” My biological mother later found out that my mother had never graduated from college and that my father had never graduated from high school. She refused to sign the final adoption papers. She only relented a few months later when my parents promised that I would someday go to college.

And 17 years later I did go to college. But I naively chose a college that was almost as expensive as Stanford, and all of my working-class parents’ savings were being spent on my college tuition. After six months, I couldn’t see the value in it. I had no idea what I wanted to do with my life and no idea how college was going to help me figure it out. And here I was spending all of the money my parents had saved their entire life. So I decided to drop out and trust that it would all work out okay. It was pretty scary at the time, but looking back it was one of the best decisions I ever made. The minute I dropped out I could stop taking the required classes that didn’t interest me, and begin dropping in on the ones that looked interesting.

It wasn’t all romantic. I didn’t have a dorm room, so I slept on the floor in friends’ rooms, I returned Coke bottles for the 5-cent deposits to buy food with, and I would walk the seven miles across town every Sunday night to get one good meal a week at the Hare Krishna temple. I loved it. And much of what I stumbled into by following my curiosity and intuition turned out to be priceless later on. Let me give you one example:

Reed College at that time offered perhaps the best calligraphy instruction in the country. Throughout the campus every poster, every label on every drawer, was beautifully hand calligraphed. Because I had dropped out and didn’t have to take the normal classes, I decided to take a calligraphy class to learn how to do this. I learned about serif and san serif typefaces, about varying the amount of space between different letter combinations, about what makes great typography great. It was beautiful, historical, artistically subtle in a way that science can’t capture, and I found it fascinating.

None of this had even a hope of any practical application in my life. But 10 years later, when we were designing the first Macintosh computer, it all came back to me. And we designed it all into the Mac. It was the first computer with beautiful typography. If I had never dropped in on that single course in college, the Mac would have never had multiple typefaces or proportionally spaced fonts. And since Windows just copied the Mac, its likely that no personal computer would have them. If I had never dropped out, I would have never dropped in on this calligraphy class, and personal computers might not have the wonderful typography that they do. Of course it was impossible to connect the dots looking forward when I was in college. But it was very, very clear looking backwards 10 years later.

Again, you can’t connect the dots looking forward; you can only connect them looking backwards. So you have to trust that the dots will somehow connect in your future. You have to trust in something–your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life.

My second story is about love and loss.

I was lucky–I found what I loved to do early in life. Woz and I started Apple in my parents garage when I was 20. We worked hard, and in 10 years Apple had grown from just the two of us in a garage into a $2 billion company with over 4000 employees. We had just released our finest creation–the Macintosh–a year earlier, and I had just turned 30. And then I got fired. How can you get fired from a company you started? Well, as Apple grew we hired someone who I thought was very talented to run the company with me, and for the first year or so things went well. But then our visions of the future began to diverge and eventually we had a falling out. When we did, our Board of Directors sided with him. So at 30, I was out. And very publicly out. What had been the focus of my entire adult life was gone, and it was devastating.

I really didn’t know what to do for a few months. I felt that I had let the previous generation of entrepreneurs down–that I had dropped the baton as it was being passed to me. I met with David Packard and Bob Noyce and tried to apologize for screwing up so badly. I was a very public failure, and I even thought about running away from the Valley. But something slowly began to dawn on me–I still loved what I did. The turn of events at Apple had not changed that one bit. I had been rejected, but I was still in love. And so I decided to start over.

I didn’t see it then, but it turned out that getting fired from Apple was the best thing that could have ever happened to me. The heaviness of being successful was replaced by the lightness of being a beginner again, less sure about everything. It freed me to enter one of the most creative periods of my life.

During the next five years, I started a company named NeXT, another company named Pixar, and fell in love with an amazing woman who would become my wife. Pixar went on to create the worlds first computer animated feature film, “Toy Story,” and is now the most successful animation studio in the world. In a remarkable turn of events, Apple bought NeXT, I returned to Apple, and the technology we developed at NeXT is at the heart of Apple’s current renaissance. And Laurene and I have a wonderful family together.

I’m pretty sure none of this would have happened if I hadn’t been fired from Apple. It was awful tasting medicine, but I guess the patient needed it. Sometimes life hits you in the head with a brick. Don’t lose faith. I’m convinced that the only thing that kept me going was that I loved what I did. You’ve got to find what you love. And that is as true for your work as it is for your lovers. Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking. Don’t settle. As with all matters of the heart, you’ll know when you find it. And, like any great relationship, it just gets better and better as the years roll on. So keep looking until you find it. Don’t settle.

My third story is about death.

When I was 17, I read a quote that went something like: “If you live each day as if it was your last, someday you’ll most certainly be right.” It made an impression on me, and since then, for the past 33 years, I have looked in the mirror every morning and asked myself: “If today were the last day of my life, would I want to do what I am about to do today?” And whenever the answer has been “No” for too many days in a row, I know I need to change something.

Remembering that I’ll be dead soon is the most important tool I’ve ever encountered to help me make the big choices in life. Because almost everything–all external expectations, all pride, all fear of embarrassment or failure–these things just fall away in the face of death, leaving only what is truly important. Remembering that you are going to die is the best way I know to avoid the trap of thinking you have something to lose. You are already naked. There is no reason not to follow your heart.

About a year ago I was diagnosed with cancer. I had a scan at 7:30 in the morning, and it clearly showed a tumor on my pancreas. I didn’t even know what a pancreas was. The doctors told me this was almost certainly a type of cancer that is incurable, and that I should expect to live no longer than three to six months. My doctor advised me to go home and get my affairs in order, which is doctor’s code for prepare to die. It means to try to tell your kids everything you thought you’d have the next 10 years to tell them in just a few months. It means to make sure everything is buttoned up, so that it will be as easy as possible for your family. It means to say your goodbyes.

I lived with that diagnosis all day. Later that evening I had a biopsy, where they stuck an endoscope down my throat, through my stomach and into my intestines, put a needle into my pancreas and got a few cells from the tumor. I was sedated, but my wife, who was there, told me that when they viewed the cells under a microscope the doctors started crying, because it turned out to be a very rare form of pancreatic cancer that is curable with surgery. I had the surgery and I’m fine now.

This was the closest I’ve been to facing death, and I hope its the closest I get for a few more decades. Having lived through it, I can now say this to you with a bit more certainty than when death was a useful but purely intellectual concept:

No one wants to die. Even people who want to go to heaven don’t want to die to get there. And yet death is the destination we all share. No one has ever escaped it. And that is as it should be, because death is very likely the single best invention of Life. It is life’s change agent. It clears out the old to make way for the new. Right now the new is you, but someday not too long from now, you will gradually become the old and be cleared away. Sorry to be so dramatic, but it is quite true.

Your time is limited, so don’t waste it living someone else’s life. Don’t be trapped by dogma–which is living with the results of other people’s thinking. Don’t let the noise of others’ opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary.

When I was young, there was an amazing publication called “The Whole Earth Catalog,” which was one of the bibles of my generation. It was created by a fellow named Stewart Brand not far from here in Menlo Park, and he brought it to life with his poetic touch. This was in the late 1960’s, before personal computers and desktop publishing, so it was all made with typewriters, scissors, and polaroid cameras. It was sort of like Google in paperback form, 35 years before Google came along: It was idealistic, and overflowing with neat tools and great notions.

Stewart and his team put out several issues of “The Whole Earth Catalog,” and then when it had run its course, they put out a final issue. It was the mid-1970s, and I was your age. On the back cover of their final issue was a photograph of an early morning country road, the kind you might find yourself hitchhiking on if you were so adventurous. Beneath it were the words: “Stay Hungry. Stay Foolish.” It was their farewell message as they signed off. Stay Hungry. Stay Foolish. And I have always wished that for myself. And now, as you graduate to begin anew, I wish that for you.

Stay Hungry. Stay Foolish.

Thank you all very much.

Watch the video here. Try to ignore the impolite, bored looking Stanford graduates. They may not understand what a truly extraordinary man Steve Jobs was.

Steve – Thank you for creating and leading our tribe.

written by Nick

Aug 18

We need to submit our app to the store before it closes for the weekend—what time does the app store close on Friday nights?

I found that quote on the very funny site ClientsFromHell.net. Reportedly it’s an actual quote from a real client.

Of course the App Store is not shut down for customers during weekends. But we have recently found out that the app review team no longer works on weekends. Back in the days when it seemed like the app reviewers were constantly having trouble keeping up with the ever increasing flood of app submissions, you would see apps get approved at all hours of the day and on weekends. No longer.

In a previous life when I was building large scale web sites and server systems we learned to never deploy new code on a Friday, unless you wanted to work on weekends to fix bugs or deal with launch jitters.

The same thing applies to iOS apps now. Don’t set the release date of an app to fall on a Friday. Should there be a problem with the new version of the app and you want to push through an emergency update, then nobody will act on your request until the following Monday.

But, you don’t have control over when an app will be approved, you say. That is true, but you can set the date when the app will be released. And you should always, always use this feature.

Look at the current App Store Review Status and add some margin to allow for delays. For example, today the status says that 99% of all new app submissions and 99% of all app updates are reviewed within 7 days. I would set the release date to around 2 weeks for an app update. Make sure that the date is not a Friday, and that it’s a day when you’re available and ready to handle new customer support issues.

For a new app submission I would set the release date even further into the future to allow your marketing campaign to ramp up and steam forward towards a known date. But that’s a different topic.

written by Nick \\ tags: ,

Aug 16

Less than two weeks ago Google’s Chief Legal Officer David Drummond wrote a blog post criticizing what he calls bogus patents. “Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it.”

Yesterday Google announced that they are acquiring Motorola Mobility in order to “supercharge” Android. In the conference call with analysts they repeatedly emphasized the access to Motorola’s 17,000 patents. I’m assuming that these particular patents do not fall under the “bogus” category, and that their primary use will be to encourage innovation, and will not be used as weapons…

This transaction raises the software patent debacle to a whole new level of absurdity. Google is spending 12.5 billion dollars on something that will not create any new innovations. Not a single one. But what’s $12.5B for a rich company like Google? It’s actually the entire profit generated by Google over the past two years…

Some analysts say that Google had to do this to shore up their lagging “bogus” patent portfolio. But let’s leave the legal games to the lawyers and think about how $12.5B could be used to really supercharge innovation.

One criticism of the Android platform is that it lacks killer apps. So imagine if Google spent a billion or so on recreating the top 1,000 iPhone and iPad apps for Android. That might not make Android developers happy. So we’ll assume that they make all the code open source so that any developer can build upon the code and submit to the Android market. That will allow us to throw in the “open” buzzword into the mix too. Bonus!

But wait, copying existing iOS apps probably does not qualify as being innovative. Back to the drawing board…

Android tables are widely seen as lagging far behind the iPad in sales. So let’s seed the market with some subsidized Android tablets. That might “supercharge” the Android ecosystem. Say that a generic Android tablet costs $300 to manufacture and a consumer price of $99 will make them fly off the shelves. Spending $12.5B in subsidies would flood the market with 62,831,853 tablets. This move in itself is not very innovative, but it should definitely spur some activity and innovation among Android tablet developers.

Industrial design of Android devices and UI design of the Android OS could also use some refinement. How about hiring away some superstar talent? Jonathan Ive will probably not sell his soul for $12.5B, but how about one of the designers of the original iPhone UI? I bet that Facebook picked them up for a lot less. Create a separate company, just like Motorola Mobility is supposed to be run. Seed it with superstars and a few billion and see what innovations come out into the “open”.

So how will Googrola affect us iOS developers? My bet is: not at all. I can’t see how acquiring one of the larger, existing and money-losing Android licensees, will suddenly spur innovation, superchargers and wonderful user experiences. Besides, they are going to be very busy selling ads to pay for this acquisition.

written by Nick \\ tags: ,

Aug 01

The TSA has come up with one useful rule: you are allowed to pass through the security checkpoint without removing your iPad from your bag. (Brilliant move by Apple marketing, BTW.)

As a self-respecting geek and iOS developer I of course travel with plenty of electronics. On a recent trip I happened to have two iPads in my backpack while going through security. That was however too much for the TSA to swallow. (“Is that two iPads in your backpack??”) The iPads had to be separated and take another trip through the x-ray machine.

I honestly don’t know if the “iPad exception rule” is a general free pass for all tablets. I doubt it. The iPad is relatively easy to identify, but how would a TSA drone distinguish between the plethora of devices that get marketed as tablets these days. But that’s irrelevant for this story, since I can’t imagine anyone actually owning two Android tablets?

written by Nick \\ tags: ,

Jul 05

I came across this incredulous article in NY Times. After recovering from the shock that you can actually pay for legislation at such a detailed level, it struck me that this process would be a great way to deal with the patent trolls that we love to hate.

All we would have to do is to get our highly paid iOS developer lobbyists in Washington to write legislation that specifically invalidates Lodsys’ patents. Or while we’re at it, generally make the App Store a patent free zone.

Then, as it appears, it’s just a formality to get the legislation passed by Congress.

written by Nick \\ tags: ,

Jun 22

On Wednesday June 29, 2011 my colleague David Foote will be conducting a webinar for iOS developers. If you want to learn how to create an automated build process for iOS projects, this webinar is for you.

You can sign up here.

Here’s the full text of the announcement:

Are you currently building applications for Apple’s wildly popular iOS platform, or planning to do so in the future? If so, it is important to understand the unique lifecycle management challenges you will face in iOS app development for mobile devices and the solutions available to overcome those challenges. Aldon and Pervasent invite you to attend a webinar on how to create an automated build process and application distribution system that will accelerate the development and testing of your iOS applications.

Managing the build/test process during application development is one of the great challenges of developing iOS apps. Builds are typically created by hand. Mobile provisioning profiles containing the device IDs of all testing hardware must be created and distributed to testers and executive stakeholders. Each new build must be installed on each testing device by attaching it to a PC running iTunes. These manual processes are time-consuming and error-prone.

During this webinar, you will learn how to create an automated build system that will enable anyone in your organization to dramatically simplify the build and deployment process within the iOS application lifecycle.

written by Nick \\ tags: ,

Jun 14

No New Hardware

Apple had been unusually proactive in hinting that there would be no new hardware announced at WWDC. But still the gadget blogs were disappointed. The original iPhone hardware was exciting, I’ll admit that. But since then, the hardware changes have been minor and incremental. A new iOS version will also have significantly larger impact on the iPhone ecosystem since more than a hundred million customers will enjoy the new features and benefits immediately, whereas a new iPhone will only benefit a small fraction of that.

iCloud

The architecture decisions Apple made with iCloud are quite interesting and are in many cases in stark contrast to their competitors’ vision of “the cloud”.

  • The PC has been demoted to just another device that syncs with the cloud. The PC is no longer the center of the universe (Microsoft’s dogma). iCloud is another big step towards the post-PC world.
  • Syncing is between smart devices and these devices are the primary means to access your data. Compare this with Google’s idea that you put all your data on their servers and then access it via a browser. Yes, Google provides APIs to access your data, but in the big picture they really want you to use a browser so they can shovel ads at you along with your data.
  • There is no streaming of audio or video from iCloud. A one-time sync of data places a lot less load on the network. This reduces the operating costs of Apple’s server farm, as well as the mobile operators’ wireless networks. Since you need to still keep your media on all your devices, you are “encouraged” to keep upgrading to larger storage capacity every year or so. More hardware sales for Apple.
  • iCloud is primarily a storage cloud and not a computing cloud like Amazon’s EC2 and many other companies’ computing cloud offerings.
  • With the iCloud API Apple will harness the energy and ingenuity of the iOS developer community to tie customers even closer to iCloud and Apple’s ecosystem.
  • In the context of iCloud it makes total sense that Apple recently released versions of Pages, Numbers and Keynote for the iPhone and iPod Touch. Many reviewers were at the time asking: why would you want to compose large documents on such a small device. The idea is that you should be able to pick up any one of your devices, or sit down at your computer, and continue working on your document. With the API Apple wants us developers to do the same with our apps for iOS and Mac. The emphasis in OS X Lion on not having to explicitly save your documents, also makes a lot more sense in the iCloud context.
  • Since the basic iCloud service is free, developers can assume that practically all of their customers will have iCloud. This is very important. Compare this with the “workarounds” developers have resorted to in the past with using MobileMe or Dropbox for syncing data.
  • Another interesting iCloud benefit is backups for iOS devices. How this will work in practice over wireless networks remains to be seen. Obviously you will not be sending 8/16/32/64 GB of data for the backup. In checking my current iTunes backups (~/Library/Application Support/MobileSync/Backup) it looks like I have 0.5 – 1.5 GB of data backed up for each of my 32 GB devices that are filled to the limit with apps and data. App binaries are not part of the backup. Just as your local iTunes has a copy stored of all your apps, Apple certainly has a copy too on their iTunes servers. I just hope they keep old versions of apps around so that you’re not forced to upgrade to the latest version if you need to do a restore.
  • What will happen to battery life when your device is constantly syncing iCloud data and making backups in the background?
  • Apple did not talk about sharing iCloud data between customers. This severely limits the use of iCloud for collaborative work. I’m sure Apple is already thinking about this. But for now services like Dropbox still have a niche.
  • iCloud is the next big step in the platform evolution. First Apple perfected app sales and distribution with the App Store, and they still have the most number of apps. But Apple has moved on. Even if/when the Android Marketplace reaches or surpasses the number of iOS apps, it matters less if the Android platform can’t do what iCould offers.

iOS 5

Lots of new and interesting stuff in iOS 5. As Marco Arment calls it: The iPhone feature-checklist steamroller.

  • iMessage – Mostly interesting because it transparently bypasses the carriers’ antiquated and ridiculously expensive SMS system. Another land grab by Apple. Nice touch that the carriers first learned about this at the keynote, just like everybody else.
  • Newsstand – One of our larger clients is in the magazine business, so this announcement caused some heart palpitations before we realized that Newsstand is mostly a glorified folder that shows recent magazine covers from other apps that you have installed on your device. The background downloading is nice though. Wish Apple would extend that as a general service to all apps.
  • Reminders – This is an odd app from Apple. Geolocation aware reminders/alerts is certainly cool. But what’s the bigger play for Apple here?
  • Twitter integration – Single sign-on to Twitter is nice. From the screenshots it looks like you can add multiple Twitter accounts. I think this opens the path for single sign-on to multiple other services in the future. Facebook is the obvious one. Now that Twitter received a boost in the battle for global identity management, maybe Facebook will come to terms with Apple too.
  • Safari Reading List – Another feature pioneered by third party developers becomes part of iOS. I don’t see any reason to switch from Instapaper.
  • Cut the cord – This is probably the most important new feature in iOS 5. It will open the market to millions of people who want to use an iPad as their only home computer. And to millions (billions?) more who live in countries where computers are generally uncommon.

WWDC Sessions and Labs

Everything that took place after the public keynote is under NDA so I cannot talk publicly about it. But there is even more new and exciting stuff under the hood for us developers, than what has been revealed publicly. I encourage you to view the WWDC session videos as soon as they come out.

Personally I did not spend very much time in the sessions. I don’t want to learn and get excited about new APIs that I realistically cannot use for several months. And as I mentioned before, the sessions will be available on video soon. For me, the most valuable part of WWDC is the labs. There you can ask pretty much any technical question about iOS (or Mac OS X) and it’s very likely that you’ll end up talking to the engineer who wrote the code in question. You can bring code, and they will help you debug it. Even if your question is not very precisely formulated, they are happy to talk to you to get a sense of how developers are using their APIs and what issues we are struggling with. Invaluable!

Other News

Apple decided to relax the rules for in-app subscriptions. I’m happy to say that I was wrong in my earlier prediction that Apple would not change and publishers would have to accept the new rules or walk away. Imagine being a fly on the wall listening in on the internal debates at Apple over these changes. Lacking such access, here are a few reasons postulated by an analyst.

Apple has filed a motion to intervene in Lodsys’ lawsuits against seven small developers in the court in Eastern District of Texas. Short of Lodsys crawling back into the hole they came from, this is the best news iOS developers could have hoped for. Keep your fingers crossed that the court will allow Apple to intervene.

written by Nick \\ tags:

Jun 03

After my previous posts on the Lodsys debacle, Sam Abadir contacted me. Sam is the Chairman and CTO of appMobi, and is a patent expert. Below are his comments on one of the patents in question. Please note that I’m not an attorney or a patent expert, so I cannot vouch for the legal accuracy of Sam’s text, and nothing here should be taken as legal advice. But I think he raises some interesting points that I have not seen covered elsewhere.

– – – – –

There are a lot of commentators that have provided analysis of the strategy Lodsys is taking in terms of going after small developers. Likewise, there’s been detailed analysis of what protection, if any, the Apple terms of service might provide. Those protections, if any, relate to issues around licensing. Currently Apple claims to have licensed the Lodsys technology. However, just because they licensed something from Lodsys doesn’t mean they, or their developers are actually using that technology. To that point, I haven’t seen any analysis of whether the underlying patent infringement claim has any real merit. That is, are the developers really using Lodsys’ invention? What is the invention anyway? While the license based defense has certain allure – it allows you to say “whether there is use of the patented technology makes no difference” – it doesn’t leave the satisfied feeling of a non-infringement argument where you can say “we’re not using your stinking technology.” So, as a retired IP attorney I figured it was worth reading the claims.

 

Claim 1 of patent 7,222,078 says the following (my emphasis included), my comments in []:

1. A system comprising:

units of a commodity [e.g. an iPhone] that can be used by respective users [owners of iPhones] in different locations,

a user interface, which is part of each of the units of the commodity [the iOS UI???], configured to provide a medium for twoway local interaction between one of the users and the corresponding unit of the commodity [e.g. touch input on the iPhone], and further con-figured to elicit, from a user, information about the user’s perception of the commodity [e.g. – they would claim this is constituted by the choice to purchase in-app],

a memory within each of the units of the commodity capable of storing results of the two-way local interaction, the results including elicited information about user perception of the commodity,

a communication element [e.g. 3G connection or internet connection] associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and

a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location [e.g. iTunes In-App purchasing system in the Apple cloud].

To violate the patent claim, you must violate ALL aspects of the claim. So, you can now make the analysis yourself – does an app like PCalc qualify as a “user interface, which is part of each of the units of the commodity”. Is it reasonable to claim that PCalc is a user interface which ships with every iPhone? That patent is really concerned with the seller of devices (like Apple selling the iPhone) a means of improving the product [in the patent they talk about Fax machines] – not with improving thirdy party applications that are later installed on the product.

There are some torturous arguments that you can make that apps are part of the iPhone – but its a real stretch given that patent requires “each of the units of the commodity” to have the user interface.

Claims 2 through 59 are all essentially dependent claims – meaning that to violate them you have to violate claim 1. Claim  60, the next independent claim, uses the same “user interface, which is part of each of the units” language. Claim 69, the next independent claim says the following:

69. A method for gathering information from units of a commodity in different locations, each unit of the commodity being coupled to a remote database on a network, the method comprising:

eliciting user perceptions of respective units [e.g. what do you think of this iPhone’s 3G antenna] of the commodity through interactions at a user-interface of the respective unit;

generating perception information based on inputs of the users at the respective user-interfaces;

transmitting the perception information to the remote database;

receiving the transmitted perception information from

different units of the commodity; and collecting and storing the received information at the

remote database.

Again, this claim really is about a distributed way to survey and use the survey information to improve the product. It’s hard to claim that in-app purchasing is a form of surveying. Furthermore, is it fair to say that a 3rd party app is part of the product (the iPhone)? What would a jury decide – you’re probably the best judge!

– – – – –

Thank you Sam for this timely information!

written by Nick \\ tags:

May 16

Over the weekend the patent troll that made headlines on Friday created a blog to defend themselves.

Here are some of the more interesting revelations:

  • Apple has already licensed the patent in question from Lodsys. I’m not a lawyer, but I’m pretty sure that means Apple cannot participate in any efforts to declare the overly broad patent to be invalid. So for us independent iOS developers, we should not expect Apple to be the knight in shining armor that rides to the rescue.
  • The standard licensing fee requested by Lodsys is 0.575% of US revenue. It’s not clear if that wonderfully exact percentage is calculated on the gross sales or the net that we receive from Apple.
  • They would like to be treated in a human matter and for us all to live by the golden rule.

Fair enough. Let’s apply some golden rule reciprocity to them. I suggest that every iOS developer with an app that uses In App Purchase, and which has revenues of less than say $1,000, contacts Lodsys to “engage in a licensing discussion”. It will be interesting to see how much time they will want to spend on each case to collect $5.75.

written by Nick \\ tags: ,