To a degree, yes. I think you'd have a hard time telling HTC that it's free to build Android devices. They're being sued into oblivion. The Motorola Mobility patent profile is weak evidently and analysts don't expect it to help much. In addition to that, HTC pays a hefty licensing fee to Microsoft for patents in every handset they sell.
http://www.thestreet.com/story/11217...sing-fees.html
Google is also in some seriously hot water for not licensing java properly. Oracle won't back down.
Having said that, I think this is ridiculous. Patent law is so backwards in software. I would love it if Google really could distribute it for free. Hopefully they will be able to soon. To clarify, Android's presence is good. Android as a consumer piece of software is a nightmare.
Did MS really win? Apple makes more money and is worth more today. I agree that marketshare is hugely important and Windows clearly dominates this. At the end of the day, though, the goal of the business is to make money, so shouldn't this be the merit we choose the winner on? By that merit, Apple is currently winning.Sony didn't license beta. VHS won.
Apple didn't license the Mac OS. Windows won.
There might be a pattern here.
http://articles.businessinsider.com/...crosoft-profit
Scott, what do you have to say about the tablet market where we have a wide variety of competitors and a slew of Android tablets. Adoption rate of tablets has been as fast as any consumer electronic ever developed and Androids adoption rate/market share is actually decreasing instead of increasing in this space. The same principals of being free to use and a wide variety of Android tablets exist. How do you explain this?
What is the difference between smart phones and tablets? Is there a big difference in quality of the user experience between the iPhone and the iPad? Is the level of competition different? What about the quality of the versions of Android between the two?
To me, the big difference is the middle man (the carriers). This soon won't be an issue for iPhone.
Pat, to me, AAPL has a few more good years in it before the growth will slow down. They simply cannot keep doubling in sales every year for much longer. Having said that, I think they can continue to grow rapidly for two more years at least.
It is refreshing to discuss with intellectuals, fellas. Keep it up. It would be great if the likes of RG/Ziggy would bring something besides sarcasm and ass-hattery to the table if they wished to continue to discuss.
edit:
I cannot stress enough how we are now in the age of software. Software is what will define the two technologies. With the vhs stuff, we're looking at hardware. Both had roughly equivalent user experiences, did they not? Maybe one had technical superiority, I don't know. In my opinion, this battle will be won in software. If the iPhone never existed and Android gingerbread was the standard, we'd think it was incredible. Having said that, iOs does exist and it's a much more pleasant user experience. Smartphones are so paramount in your typical person's day (email, calendar, calls, communication, etc) that the user wants the best possible experience.
Android has some unique characteristics that are good, such as their notification system that Apple blatantly ripped off. It seems to be that basically all of the complaints/reasons people would go with Android today are going to be moot with the iPhone 5.
"Android phones have bigger screens" - iPhone 5 will have a beautiful 4" display (which is still the highest res display) which in my opinion is really the sweet spot on screen size. The original galaxy phones nailed the screen.
"I can't get an iPhone on my carrier and I'm on a family plan" - Not anymore, iPhone will be available on all of the major players according to the rumors. I really hope this is true.
The iCloud stuff breaking the cord from iTunes will really help. The iTunes infrastructure with music, videos, etc is great, but the notion of plugging in to load some on my device seems so archaic to me. This is late 2011, after all.
Users are going to be wowed when they snap photos on their iPhone and they automatically on their computer. Who doesn't hate synching photos? I know I do!
Little things like the photo synching things just make your life as a user better. Now this is obviously a super small chunk of the equation, but the user experience is made up of the sum of (the small) parts.