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The Real Reason Apple Is Suing Samsung
doperative writes with this quote from a speculative piece at Business Insider about Apple's real motive behind its recent lawsuit against Samsung's Galaxy devices:
"Android is free. In some cases, it's even cheaper than free, with Google sharing some revenue from Google searches on Android phones with partners. This is hugely disruptive to both Microsoft and Apple's business models; Microsoft because they make money on software licenses, and Apple on hardware. And this disruptive approach is winning: Android is surging past iOS in marketshare. A lawsuit from a big company, even if doomed, still takes a lot of time, energy and money to fight off. So Samsung or someone else might settle, accepting to pay some form of license. If that happens, Apple can go around to the other manufacturers asking for the same license and have a much stronger claim. And now OEMs have to factor that cost into the decision to choose Android. And all of a sudden, Android has a price."
Samsung has fired back with a lawsuit of its own.
It's the same reason Microsoft got "licensing agreements" with all the other handset vendors and is suing Motorola right now. They put a gun to their head and said "release WP7 handsets or we'll sue you for patent infringement." All the others complied, and Motorola is being sued for patent infringement. This is why Microsoft loves software patents and doesn't oppose them outright.
Yes, both Apple and Microsoft are anti-choice and act in anti-competitive manners. This is nothing new, nor will anyone step in to stop it.
...bit of a problem or four in it, though:
* Apple is selling pretty much every iPhone they can make.
* the iPhone (in various versions) is the single top-selling phone model, bar none. While overall, yes Android *phones* are selling equal-to-better, no single Android model is anywhere close to matching the iPhone. Therefore, why would Apple bother to chase just Samsung, and not LG, HTC, or a larger phone maker?
* Suing over design won't achieve the premise in TFA... phone makers will just make it look/feel different to work around the stated patent(s). If Apple was truly chasing the goal of crippling Android as a whole, they'd be better off going after the *core* of Android (like, well, Oracle is doing. Speaking of which...)
* Oracle is already working towards something that would achieve the same thing, but to provide Oracle an income stream - so why would Apple feel it had to do something similar, when Oracle is already doing it for them, and has been running that lawsuit long before Apple fired a shot across Samsung's bow?
Quo usque tandem abutere, Nimbus, patientia nostra?
Welcome to how the legal system works - justice is not a part of it any more.
The sad part is that this kind of shit pervades even the "criminal justice" side.
Traffic tickets? Compare the cost of "just paying" (or in many states, "taking defensive driving") with the cost of defending yourself - lost hours of work on the days you have to go to court, lost time on paperwork or else lawyer fees to subpoena all the records you'll need, and oh yeah, the possibility that the case judge will be one of those corrupt motherfuckers who insist "the police are always right" because guess what, the judge's salary is paid out of ticket fines too.
I had one once where the police officer was obviously just using "pull someone over" as an excuse to hit on the new female recruit. Sat there and watched as he got everything about my car's info wrong on the ticket except for license plate - make, model, even the number of fucking DOORS - because he was too busy trying to "explain how we do this" while sneaking his hand onto her ass.
Didn't matter, of course. The Prosecutors are corrupt, the Judges are corrupt, the whole system is fucking corrupt and the fines and fees are set "just low enough" that most people will "just pay it" because it works out cheaper to do so.
Oh, and no, it's not just on the low side either. The American "justice" system has gotten the "plea bargain" down to a science - you can "plead guilty" to something you know you didn't do, get "lenience" from the court, OR they can tack on dozens of fucking extraneous charges and run you into the ground so that even if you do manage to convince the jury you're innocent on most of it, chances are they'll get one of the charges through, and you'll be fucking bankrupted by the cost of defending yourself anyways.
First, there are so many lawsuits among mobile companies that a single extra one isn't going to have a chilling effect. All of these companies have enough cash that the cost of fighting a lawsuit alone will not hurt them (a big judgement might be a different story).
Secondly, MIcrosoft licensing costs aren't very much for Windows Phone 7. Estimates of licensing costs are between $5 and $15 on a phone that, with a data plan, ultimately costs thousands of dollars. Or, in the case of Nokia, Microsoft is paying Nokia to use it. $5 is still a cost, but it's not the reason people don't like WP7.
Then the article gets plain idiotic. It says Apple makes money on hardware, not on their OS. But this is true of every single Android phone as well.
The next factual error is a surprising one, but still serious. Look at the numbers of iOS vs Android devices. There are a lot more people using iOS than Android (note the figures include tablets). Surprising, but if you're going to write a tech journal you should be on top of this kind of thing.
Finally there is no reason to question why Apple is suing. It's about money. Just like every single other lawsuit in the mobile space. They all think they can get some extra money by suing, so they do.
"First they came for the slanderers and i said nothing."
I seldom worry about apple's lock strategies. Once you start down the road of tight lockin you either have to sue your way out of it, or you are forced to let go.
They are hoping to make the other party let go.
But instead of doing that, Samsung is counter-suing Apple all over the world. This is a good strategy, forcing Apple to fight off of their own turf. Dragging Apple executives half way around the world where they don't have the advantage of pre-filled pockets and rabid fanbois in the jury pool.
In fact Apple could lose big time to this technique. Sure Samsung makes parts for iPhones, but they make pennies on this compared to what they make on a Galaxy handset. Samsung can send Apple packing, and quietly "suggest" a reduction in supply of key components to any other companies that favor Apple too strongly. Apple can not win a land war in Asia.
But more to the point, Apples current round of suits are predominantly alleging that the Galaxy phones look too much like iPhones. This is a really hard claim to win. Nikon and Canon and Minolta as well as Ford and Chevy would get nowhere with that claim. This screams desperation. Especially when Galaxy phones don't look at all like iPhones.
Sig Battery depleted. Reverting to safe mode.
No, they don't. That was settled a long time ago when Apple was ruled against in their suit against MS over look and feel. If you look at the previous summary it's very clear that Apple is trying to do an end run around the normal prohibition on suits over look and feel.
Actually, that wasn't why they lost the case. You can certainly protect your look and feel, companies do it every day. Apple lost that particular case, against that particular company, because Microsoft had a license allowing them to use some elements of the GUI. Granted, Apple had foolishly given away much more in that contract than they intended to; if they hadn't, computing would be very different today. And BTW, don't bring up Xerox - they were paid handsomely for their contribution, all nice and legal.
Tag Team effort against Android?
April 2011: Apple sues Samsung over Android
March 2011: Microsoft sues Barnes & Noble, and Foxconn over Android *
December 2010: Sony sues LG over Android
October 2010: Microsoft sues Motorola over Android
August 2010: Oracle sues Google over Android and Java
March 2010: Apple sues HTC over Android
* just when B&N announce the Color Nook as an Android Tablet
Desperate?
Am I the only one that caught the fact that Apple is just had YET ANOTHER record quarter?
The fact that Android—which is available on more networks and being built in more price ranges by more manufacturers—is outpacing iOS isn't some kind of surprise. You don't need to own a majority of the market to do well. They were doing well before the iPhone came out without owning a majority of any market they were in.
Are they playing rough, yes. Desperate? http://www.reuters.com/article/2011/04/21/nokia-apple-idUSLDE73K12P20110421
No, not really. The "real" reason Apple is suing is because they are HISTORICALLY litigious. There's no sales conspiracy needed. It's not some final desperate act. It's standard operating procedure for Apple and has been for years.