Hope you like the iPhone

Because pretty soon, it's going to be the only smartphone!

I've been one of the few people that have bothered to defend Apple in their recent patent infringement lawsuit against Google-heavy handset maker HTC, but their legitimate right to defend whatever efforts were required to create such an innovative product is starting to get stretched a little thin in light of recent information. It's been clear that the HTC suit was aimed more broadly than at just HTC, but while many observers have interpreted the goal as being the eventual establishment of various cross-licensing agreements, the reactions detailed in the various posts on Techmeme from other handset makers reveal panic and frenzied efforts to remove disputed features from their own products. It doesn't sound as though licensing has been put on the table as a viable option.

Critics of software patent law and practice have been having a field day with the Apple suit and the chilling effect that those patents have had on the smartphone field in general. It's an old and accepted argument that patents can stifle evolutionary innovation, and the system has made that trade-off to encourage revolutionary innovation, ensuring that individuals and businesses can invest in research and development to bring new ideas to market without being immediately copied and squashed by others with more resources. It's accepted that in the long term the benefit to society is greater even with the limited grant of monopoly to the original innovator.

Software patents and the greater pace of advance in the industry have called that assumption into question, and Apple is apparently going to great lengths to demonstrate just how bad for consumers this state of affairs might be.

It's an oddity that I often find unintentionally related threads of stories on the front page of Techmeme and other tech news sites, and today has been no exception. Together with the news of Apple's strong-arm techniques against other handset makers, today finds an analysis of the invasive and restrictive license agreement required to develop applications for the iPhone (which, unlike competitors, tightly governs all applications that can run on the device). So not only will Apple be your only phone, but Apple will also okay your only Apps, and you better not want porn or bikinis or anything else that might offend Apple or AT&T.

And as if to point out the idiocy of the original patents that all this restriction is based on, another article points out a new patent application from the company, one that covers the use of the phone as an electronic key. So, pretty soon all you Prius owners are going to have to report back in to have your cars retrofitted to use old-school physical keys instead of fobs, I guess.

It's strange and a little sad that a genuinely innovative company like Apple, not one of the leech-like patent trolls that accumulate and sue as their primary business function, but a company that has created truly new and interesting technology, might be the company to finally push the system hard enough to make it obvious to everyone that so much power for so long a span is absolutely a detriment to consumers. Because when you combine the suppression of competing platforms with vice-like control over the content on your own platform, you are unquestionably hurting consumers. It may not be long before the issue inflames passions as much as abortion or gun rights. You can have our Android handsets when you pry them from our cold, dead fingers.