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Samsung Tries To Ban Import of iDevices To US

tekgoblin writes "The battle between Apple and Samsung has just heated up again. Samsung has filed a complaint to the International Trade Commission to ban import of the iPhone, iPad, and iPod products to the U.S. From the article: 'Samsung, the world’s second-largest maker of mobile phones whose Galaxy devices compete with the iPhone and iPad, claims Apple is infringing five patents, according to a filing with the U.S. International Trade Commission in Washington yesterday. The ITC, which can block imports of products found to violate U.S. patents, must decide if it will investigate Samsung’s claims.'"

201 comments

  1. Dumb move. Really dumb move. by jcr · · Score: 2, Insightful

    If Samsung succeeds in obtaining this ban, then that's billions of dollars they lose in sales of flash memory to Apple. Who's in charge of that outfit?

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  2. wow by Anonymous Coward · · Score: 0, Informative

    I would love to see this go down. Could you imagine the US with their iToys? No more iphone 5 or ipad...it'd almost be...a miracle...

  3. WTF? by sortius_nod · · Score: 2

    This is just getting retarded, it's like watching a bunch of school kids bully each other then go to the teachers.

    1. Re:WTF? by Anonymous Coward · · Score: 0

      Well, in this case they are using their teachers to bully each other. The question is why are the teachers entertaining them.

    2. Re:WTF? by ackthpt · · Score: 1

      Well, in this case they are using their teachers to bully each other. The question is why are the teachers entertaining them.

      The teachers are convinced, for the most part, that this is all a good thing for capitalism, the economy, their chances of having a job next term. They can't be bothered with a snowballing IP crisis.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:WTF? by Anonymous Coward · · Score: 0

      Because they get payed, obviously. There is a lot of money to be made by lawyers, judges and not to mention the lawmakers from this "entertainment".

    4. Re:WTF? by E+IS+mC(Square) · · Score: 1

      Well, you know who started it, and you know whose ass is getting pounded.

      I am loving this.

    5. Re:WTF? by sortius_nod · · Score: 1

      That's the bigger problem being shown - no one wants to fix this bullshit IP/Patent Troll driven society.

    6. Re:WTF? by Anonymous Coward · · Score: 0

      Well, you know who started it, and you know whose ass is getting pounded.

      I am loving this.

      Samsung also asked to see products that don't exist. How well did that work out? I'm sure this will be the same.

      Samsung crossed an obvious line when they blatantly copied the icons, etc. Taking a look at the rest of the crap you spew forth on slashdot I'm not surprised you can't see that.

    7. Re:WTF? by E+IS+mC(Square) · · Score: 0

      lets start with xerox then. history is not in your master's favor.

    8. Re:WTF? by IrquiM · · Score: 1

      Apple started it!

      --
      This is blinging
    9. Re:WTF? by Anonymous Coward · · Score: 0

      At least it's slightly entertaining. And I'm not even one of those kids who takes videos of school fights. Apple kinda needs to be put in their place a little anyway.

  4. How is Samsung Wrong? by paulsnx2 · · Score: 5, Insightful

    In fact, *Nobody* can produce a smart phone without infringing on *Somebody's* patents.

    You want IP reform? Take EVERY infringing product off the market. Let's see congress and the Executive branch do without their Blackberries and their iPhones. It is stupid to allow the thousands upon thousands of bogus patents to be used as a patent thicket to protect a few big companies. These are NOT inventions, in the sense viewed by the framers of the constitution. Most are little minor tweaks obvious to anyone working in the industry. But the costs to consumers in more expensive products and less competition and slowed innovation is huge and vast.

    It is time we limit tech patents to 3 years. But regardless of the reform, reform is needed.

    1. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Maybe we should have something like eminent domain where the patent can be revoked by the USPO if the patient prohibits innovation beyond a reasonable measure.

    2. Re:How is Samsung Wrong? by airfoobar · · Score: 1

      Are they promoting the progress or hindering it?

    3. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      HINDERING! I really wouldn't mind if both Samsung and Apple disappeared in a big explosion today. In fact, I would be very happy about that.

    4. Re:How is Samsung Wrong? by Grishnakh · · Score: 2

      Are you an idiot or something? Do you think someone's going to hold a seance with the long-dead framers of the Constitution, and ask them their opinion on the issue, then write an article on their paranormal findings for us to provide a citation?

      This is easily the stupidest "[citation needed]" post I've ever seen on Slashdot.

    5. Re:How is Samsung Wrong? by Mordok-DestroyerOfWo · · Score: 2, Funny

      Are you an idiot or something? Do you think someone's going to hold a seance with the long-dead framers of the Constitution, and ask them their opinion on the issue, then write an article on their paranormal findings for us to provide a citation? This is easily the stupidest "[citation needed]" post I've ever seen on Slashdot.

      [Citation Needed]

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    6. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Are you an idiot or something? Do you think someone's going to hold a seance with the long-dead framers of the Constitution, and ask them their opinion on the issue, then write an article on their paranormal findings for us to provide a citation?

      This is easily the stupidest "[citation needed]" post I've ever seen on Slashdot.

      Then how can paulsnx2 claim to know the opinion of the framers of the constitution? That is obviously what the [citation needed] was for, it was in response to the claim that the framers of the constitution do not view these as inventions.

    7. Re:How is Samsung Wrong? by Grishnakh · · Score: 2

      He can make that claim the same way he can make any other claim that is nothing more than a personal opinion.

      If he says that he believes Krishna, Jesus, and Odin would support a 3-year patent term, are you going to say "[citation needed]" for that too? Yes, it'd be pretty ridiculous to make claims about what gods think about patent terms, but it's obviously just an opinion, so the "[citation needed]" reply is just dickheaded.

      It's not that hard to make claims of what the Constitution framers would want or not want; just look at their writings and their historical actions. For instance, if I said Thomas Jefferson would be in favor of the US government raising taxes, propping up giant bank corporations with taxpayer money, and eliminating most of the powers of state governments, it would be dickheaded to reply "[citation needed]". However, it'd be perfectly appropriate to reply that that opinion is stupid because history shows that Jefferson was clearly an anti-federalist, favored small government, and disliked corporations. Me claiming Jefferson would be in favor of strict limits on corporate power would be a perfectly valid opinion because again, history shows Jefferson to be one who liked small government and disliked large corporations.

      Finally, this isn't fucking Wikipedia. We don't need to provide citations for anything we say here. I say Fuck You to anyone who disagrees.

    8. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      I say Fuck You to anyone who disagrees.

      Fucking citation needed.

    9. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Actually, the Unites States would probably claim Sovereign immunity and allow all its workers to keep their phones. I belive the federal government would have been able to keep on using their Blackberries back when there was almost an injunction on them

    10. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      He can make that claim the same way he can make any other claim that is nothing more than a personal opinion.

      so then he would say 'there is nothing to cite, it's nothing more than my personal opinion', but then you go on to say:

      It's not that hard to make claims of what the Constitution framers would want or not want; just look at their writings and their historical actions.

      which is what he would cite, if such evidence exists. You've just said it's nothing more than his personal opinion then in the same post said there is evidence to support his opinion?

      We don't need to provide citations for anything we say here.

      of course not, but if it's more than just your opinion, in this case even you're confused about whether it is or whether there is some evidence, then it is helpful.

    11. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Let's see congress and the Executive branch do without their Blackberries and their iPhones.

      That would be fun. :D

    12. Re:How is Samsung Wrong? by whisper_jeff · · Score: 3, Insightful

      These are NOT inventions, in the sense viewed by the framers of the constitution. Most are little minor tweaks obvious to anyone working in the industry.

      I see this argument all the time but let's be real for a second here - in the smartphone category, there's a very distinct "pre-iPhone" era and "post-iPhone" era. It may seem obvious _now_ but, until the iPhone came along, it clearly wasn't that obvious because damn near nobody else was doing it. Now? After the iPhone? Yeah - everyone and their cousin is producing a smartphone that looks and acts like an iPhone so it all seems so obvious. Until the iPhone came along, however, it wasn't obvious at all.

      Here - I'll make it even easier to understand with an car analogy. Well, a minivan analogy, to be exact. At one point, minivans had one sliding door on one side of the minivan. That's what they all looked like. All of them. It was a holdover from the minivan's utilitarian predecessor - the cube van. Then, one day, someone got the bright idea of putting a sliding door on the other side of the minivan as well. And, low and behold, everyone started doing it because "it's so obvious." But, until the first one appeared, it wasn't obvious - if it had been, everyone would have been doing it. It wasn't obvious at all.

      While many people want to believe that the iPhone is not inventive and is just a collection of obvious ideas, that's not even vaguely true because, if it was obvious, there would have been a ton of iPhone-like phones already on the market. It wasn't until the iPhone came along that suddenly "it's so obvious" happened followed by everyone doing what Apple had done because, you know, "it's so obvious."

      Sliding doors on both sides of a minivan. iPhone. Obvious, only after you see it done.

    13. Re:How is Samsung Wrong? by IrquiM · · Score: 1

      You can, if you avoid US

      --
      This is blinging
    14. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Yet you still cannot patent the iPhone in itself, as that would be too vague.
      Where's your point now ?

    15. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      These are NOT inventions, in the sense viewed by the framers of the constitution. Most are little minor tweaks obvious to anyone working in the industry.

      I see this argument all the time but let's be real for a second here - in the smartphone category, there's a very distinct "pre-iPhone" era and "post-iPhone" era. It may seem obvious _now_ but, until the iPhone came along, it clearly wasn't that obvious because damn near nobody else was doing it. Now? After the iPhone? Yeah - everyone and their cousin is producing a smartphone that looks and acts like an iPhone so it all seems so obvious. Until the iPhone came along, however, it wasn't obvious at all.

      Cough! Neonode Cough!

      Yeah, damn near nobody else was doing it (whatever it is), but there were some phone manufacturers doing it before iPhone. iPhone provide no functionality that haven't been offered earlier (sometimes in devices that didn't "count" as mobile phones, since the battery drain was to hard in the past, they couldn't be made for mobility, we have new battery technology to thank most for the creation of the iPhone, not Apple), including the most important aspects of the UI, that Apple falsely claim to have invented (multitouch screens have been around since the 1980's). Fuck, I used Nokias "app and music store" in the 2001 (or was it 2002?).

    16. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      yup patent laws predate moores law , thats the problem

    17. Re:How is Samsung Wrong? by Coren22 · · Score: 1

      iPhone did nothing different, Apple just made it appeal to a wider audience. This is not innovation, it is marketing. Before iPhone you had Windows Mobile (which was actually very good for the time) and Palm, and Blackberry, and even more that I can't think of off the top of my head. Apple has never been about innovation, just refining an idea and making it look pretty.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    18. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      You neatly sidestep the fact that the iPhone, on delivery, infringed on patents owned by Samsung, Motorola, RIM, Palm, IBM, Microsoft, LG, Nokia, and many others.

      The original framers of the constitution imagined an invention to be just that, a new device for which a patent could describe and protect. You trot out mini vans and the iPhone as examples of "inventions". However, there isn't any way either of these were ever protected by "A Patent". Because neither were ever considered "AN Invention".

      No, unlike what the framers of the constitution could have ever understood, the iPhone incorporates thousands upon thousands of component ideas, many of which are covered by multiple patents owned by literally hundreds of different parties. It isn't "An Invention". It is the embodiment of so many "inventions" from so many sources that it would truly be impossible to define them all.

      And let us not forget that Apple never did have the rights to use all the technology in the iPhone, and they still do not have the rights to use the technology in the iPhone.

      So (assuming that you think Patents are good) doesn't this mean we have the iPhone *despite* patents? And if that is true, then is it not also true that if we really followed the letter of the law on Patents, we wouldn't even have iPhones today?

      So why exactly would you oppose reform where we mostly throw out patents altogether?

    19. Re:How is Samsung Wrong? by whisper_jeff · · Score: 1

      If you're going to tout Windows Mobile and Blackberry as examples of "it was done before the iPhone", it shows that you've completely missed the point. Here - I'll say it again - before the iPhone, virtually no phone on the market looked anything like nor functioned anything like the iPhone. After the iPhone, virtually every single smartphone released looks similar to as well as functions similar to the iPhone.

      Or, to be more specific in my retort, I'll ask you to point out the Blackberry that existed pre-iPhone that looked or functioned anything like the iPhone. I'll bet a year's salary that you can't. I'll bet another year's salary that you can point out a Blackberry whose design, both hardware and software, is obviously inspired by the iPhone, but that came _after_ the iPhone.

      If you can't recognize a definitive pre- vs post-iPhone influence on the entire phone market (especially smartphone market), then you are either very young and didn't know what the market looked like before the iPhone launched or you're just refusing to see the truth.

    20. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      I will be honest, I can't find a citation. But a search of early patents did not yield any examples of patents in the 1700's that covered features of a product as opposed to an identifiable product. It would be very interesting to find the first example of a product covered by multiple patents over multiple features.

      But on a common sense note, there isn't any way the framers of the constitution could have anticipated the complexity of modern products like smart phones. The idea that a single product you can hold in your hand could literally have thousands (if not millions) of potentially patentable features couldn't possibly been something they anticipated.

    21. Re:How is Samsung Wrong? by whisper_jeff · · Score: 1

      I think you're replying to someone who is not me because your reply has damn near nothing to do with my post.

    22. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      No, obvious to begin with.

      Sliding doors on both sides of the minivan was 100% doable, but it cost more, was more complex, added weight, and was more prone to failure.

      Someone did it and it became an instant success- they may have even done it based on customer suggestions.

      Doing something obvious and listening to your customers by throwing your price point to the wayside (a gamble if your already making money on the margins and the addition MAY or MAY NOT make money) is not an invention; it's a business decision. Any company COULD have build the iPhone years before apple did, but it would have been a HUGE gamble (and likely would not have caught on, there are more then a few smartphones that are functionally similar to the iphone but died horribly because of crushing cost; like the Palm Treo).

      Apple saw a business opportunity by measuring disposable income vs cost vs market demand and said 'there is a demand for an integrated computer on hip for non-business applications', they also took a huge gamble on touchscreen vs keypad- it's not that touchscreens were new, they were just expensive. (RIM having filled the 'buisness smartphone' socket). It worked, they made a tonne of money, many other companies started building consumer smart phones, RIM started a consumer level smart phone, etc.

      Apple's business decision of being first through the gate got them a huge persistent market share- a lot of people still call all smartphones 'iPhones'; but they did not really 'invent' anything in doing so, and all the patents they have are very 'look and feel' (with the possible exception of multi-touch. At the end of the day the iPhone is a pocket computer running phone software there are LOTS of examples of people having tried (and failed) to do that before apple.

      By comparison Samsung's patents are on things like GSM transmission, power regulation, cell phone signal jumping software, capacitance touchscreens, water sensitive batteries. Actual inventions that have a defined function, and are 100% necessary for a phone to operate (In theroy someone could build a phone that touched none of apple's 'patents' that is arguable just as functional, but the unfamiliarity of the interface may make it a poor seller; or may make it a huge booming success eclipsing the iPhone- but it'd be a buisness gamble - haptic interface, integrated voice recognition, 3d display, etc). I'd say you can't patent a look and feel, but you can- I will say that it's silly to be able to patent a look and feel, and more foolish to peruse others who tribute your look and feel without DIRECTLY copying it (which should be covered by copyright legislation rather then patent legislation)

    23. Re:How is Samsung Wrong? by sabt-pestnu · · Score: 1

      I've not used either the iPhone or the Blackberry, but isn't there some similarity between those two?

      I admire your Slashdot Car Analogy, but an extension of it goes "well, how about sliding doors on both sides, then?" And you can bet your boots that that's patented too.

      Giants, pfah. "I can see further because I stand on the crumbled ruins of my competitors."

    24. Re:How is Samsung Wrong? by whisper_jeff · · Score: 1

      I've not used either the iPhone or the Blackberry, but isn't there some similarity between those two?

      The iPhone and the Blackberry are about as far apart as you can get with the same end result in mind (ie: "check email"). The Blackberry is the iconic model of what a smartphone was prior to the iPhone. It was the dominant force in the market and all other smartphones modeled themselves, to one degree or another, on the Blackberry. The iPhone did much of the same but did virtually everything differently (touch screen, no physical keyboard, etc.).

      After the iPhone came out, most other manufacturers stopped emulating the Blackberry and started emulating the iPhone. As an example, ask yourself how many Samsung, HTC, and Motorola phones looked and functioned similar to an iPhone before the iPhone came out vs after it launched. Then ask yourself how many of the same manufacturer's phones looked and functioned similar to a Blackberry both before and after the iPhone came out. You'll notice an interesting trend.

      The Blackberry is a symbol of what was. The iPhone is a symbol of what is.

    25. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      You are claiming that the iPhone was "inventive", while I am claiming that it is, legally, just a collection of mostly obvious tweaks on existing technology. If all you meant was to be an Apple Fan Boy, that the iPhone is a wonderful step up from previous phones, well you are right. My reply had little to do with you.

      If you were intending your statement to mean that the iPhone deserves patent protection because of its impact in the market, then my reply certainly addresses that position. My original statement makes the claim that the patents filed in support of the iPhone by Apple, and those infringed upon by Apple, are not really Inventions for the most part. They are, patent by patent, mostly obvious progressions most would make as being experts in the field.

      The thing that is truly inventive about the iPhone, its execution and configuration and marketing, this is not really covered by a patent. It may be the true invention, but it hasn't anything to do with the subject at hand, and that is patents for inventions. What Apple did with the iPhone isn't something one can patent anyway, because how can I reduce the value and impact of the iPhone to a set of figures and claims?

      This isn't a problem, in my opinion, as regardless of patents, other companies have a hard time replicating what Apple does, even when they have a "patent advantage" to leverage. This is because there is a huge gap between what a patent can cover, and the execution of an idea.

    26. Re:How is Samsung Wrong? by whisper_jeff · · Score: 1

      ...while I am claiming that it is, legally, just a collection of mostly obvious tweaks on existing technology.

      And, again, the claim of "it's obvious." If it was obvious, it would have been done already. Just as the sliding door on both sides of a minivan. Some things are obvious, after you see them. Until then, they aren't obvious. If it was obvious, other manufacturers would have been doing it already.

      If all you meant was to be an Apple Fan Boy...

      Ah, the sign of a wonderfully intelligent discussion - insult the other person. Not sure why I warranted the insult, given that I've in no way insulted you nor your opinions. But, hey, thanks. Now I know where we stand.

      If you were intending your statement to mean that the iPhone deserves patent protection because of its impact in the market...

      Given that you've established how this discussion is going to unfold, you'll understand the tenor of my response to this. Namely: reading comprehension for the win! No, my statement wasn't meant to mean any of that. My statement was meant to clearly explain my opinion that "the iPhone was just a collection of mostly obvious teaks on existing technology" is a statement made by idiots or Apple-haters who aren't smart enough or honest enough to recognize the facts.

      Again, you established that this isn't a polite discussion so any insults are a direct result of the twist in the conversation that you began. And with that, I'm done with you. Bye.

    27. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      You are claiming that the iPhone was "inventive", while I am claiming that it is, legally, just a collection of mostly obvious tweaks on existing technology.

      ...

      They are, patent by patent, mostly obvious progressions most would make as being experts in the field.

      ...

      And his point is that what you consider "obvious" is only so in retrospect.

      And if you look at some of the touchscreen patents, there are a few gems that have claims covering really non-obvious insights. In fact, one of them is being asserted against Samsung as well. It really reflects the level of work they put into making a good touchscreen experience. Initially the method in the patent only seemed like additional complexity, until I tried to imagine the experience if it had *not* been implemented, and realized it'd be rather crappy. It would have been difficult to put my finger (heh heh) on what exactly was making it crappy, but the patent makes it clear.

      Of course, the touchscreen experience was the only true technical innovation in the iPhone, and it shows in the quality of related patents; the rest are rather pedestrian, IMO. The only other, probably more significant, innovation was on the business side, where Steve Jobs convinced a AT&T to subsidize the initial cost of the phone, bringing to average consumers what used to only be affordable for enterprises.

    28. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      The "Apple Fan Boy" comment was too far on my part.

      Clearly the iPhone can be innovative and a market changer without any particular aspect of the device being deserving of a patent, no? If there is a patent on some truly innovative of the iPhone, what is it? Isn't the iPhone truly inventive, even if it does infringe on Samsung's patents?

      I am sorry to have offended you, as my biting words were intended for the current system of patents, not at you. Perhaps we are even in agreement.

      Are you defending patents, or Apple?

    29. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      I should point out, from the beginning, my focus has been on Patents, and defining "invention" in terms of what can be covered by a patent. I re-read this entire thread, and I think your anger at me is misplaced. As I started this conversation, and set its topic, there isn't any reason to expect me to understand that you want to talk about a less objective definition of "invention" rather than continue the discussion under its original terms, where "invention" means something covered by a patent.

      I never insulted the iPhone, and never discounted the mark the iPhone made on the market. But that doesn't mean that there is anything about the iPhone that is inventive in the sense that it can be or should be protected by a patent. Let's be clear, not all truly inventive products can be patented, and many truly inventive products can infringe on existing patents. It is the latter fact that corporations use to limit competition. No big company wants to have to press forward with new products and services when the existing ones are bringing in the cash. It is better to just patent new products out of the market place, and sue any competition than to innovate by putting new products into the market place that could change the game and reduce existing revenue streams.

      Bottom line: The discussion is on Patents, and how Patents define invention. This isn't about what we think about the iPhone.

    30. Re:How is Samsung Wrong? by whisper_jeff · · Score: 1
      Thank you for the apology (didn't know that could happen on the internet :).

      Are you defending patents, or Apple?

      I'm neither defending Apple nor patents in this discussion. I was attacking the "it's obvious" claim which, in my opinion, is absolutely, 100% false. That would be akin to saying that the Blackberry was obvious when it first came out, which is a claim that I don't think anyone would make because it is wrong. But, when viewed in the same way as the iPhone, the Blackberry was just obvious technology put together into one package. Phone? Obvious. Portable computing device? Obvious. Check email on the go? Obvious. All together? Apparently not obvious because virtually nobody had done it and Blackberry came along, packed it up into a nice package, and took the industry by storm. They became the industry standard for smartphones. Apple did the same with the iPhone (supplanting Blackberry as the industry standard...). Someone else will do it with the next big thing. For some reason, however, people think the iPhone was obvious but, as I've explained, if it was obvious, why wasn't it being done by anyone else? Perhaps it wasn't obvious at all.

      My opinions on patents have nothing at all to do with this line of conversation. I was purely discussing the assertion that the iPhone's form-and-function was obvious. It wasn't. It is now, but until it was launched, it wasn't.

    31. Re:How is Samsung Wrong? by paulsnx2 · · Score: 1

      Unfortunately, "obvious" has a particular meaning within the context of patents.

      "Non-obviousness" is the term used in US patent law to describe one of the requirements that an invention must meet to qualify for patentability, codified in 35 U.S.C. 103. One of the main requirements of patentability is that the invention being patented is not obvious, meaning that a "person having ordinary skill in the art" would not know how to solve the problem at which the invention is directed by using exactly the same mechanism.

      http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousness#United_States

      Thus when I say there is little in the iPhone that isn't "obvious".... I mean that there little to the device that can or should be patented.

      I never meant what you thought I meant.

    32. Re:How is Samsung Wrong? by Coren22 · · Score: 1

      Looked or functioned? What does that have to do with being a smart phone? Smart phones that could run software and read email, browse the web, and even had touch screens. Who cares if it has the ugly iPhone UI, or the overuse of Aluminum, or the under utilization of buttons?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    33. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      before the iPhone, virtually no phone on the market looked anything like

      the lg prada was the pioneer of the commercial touchscreen phone, not the iphone. touchscreen taking up most of the space with buttons down the bottom.

      nor functioned anything like the iPhone. After the iPhone, virtually every single smartphone released looks similar to as well as functions similar to the iPhone.

      oh yeah because grids of icons didn't exist, or applications, or email, or sms, or taking photos, etc... how exactly does every other smartphone function like the iphone? what is it that's so unique about the iphone? it seems you're just so ignorant of anything before the iphone that you think none of that ever existed.

    34. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      And, again, the claim of "it's obvious." If it was obvious, it would have been done already. Just as the sliding door on both sides of a minivan.

      The non-obvious component is the collection of a whole heap of obvious parts, which is the iphone, so patent the iphone, oh but they can't...see why your argument fails yet? or do you still need more help?

    35. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      Whisper_jeff: If you went to any EE department in the UC (California) system 7 years ago you would find the group working on a touch-screen. There were tons of working touch screens. The technology Apple patented to make the iPhone a phenomenon was based on knowledge gained from publicly funded research. You think the iPhone had the first really usable touch screen? Think again.

      The ideas that went in to the iPhone were other peoples' (non-Apple employees') ideas. So now you're going to say it's only an invention if you have the clout to bring it to market? Hey small inventor, whisper_jeff said you should go to hell.

    36. Re:How is Samsung Wrong? by Anonymous Coward · · Score: 0

      At the same time, even if it's obvious there still has to be a first iPhone-like device, right? They aren't all going to come out on the same day, and even if the idea exists the market might not. The iPhone changed the market and people realized a ridiculously expensive touchscreen phone would sell, but that doesn't mean the technolgy itself wasn't obvious. Same thing with your door example. I don't think you can patent marketing. An analogy might be whoever first branded jeans as casual wear. They certainly didn't invent jeans or do anything patentable. And this concept was already established as a grassroots trend, people could see it coming. In the same way, if you look at prior SF you can see loads of touchscreen devices, it doesn't look like a groundbreaking new direction.

  5. Re:Dumb move. Really dumb move. by YodasEvilTwin · · Score: 5, Interesting

    Samsung sells everything to everyone. I'm sure they'd happily take a small profit hit now in order to force Apple to pay them royalties on every device they have sold and will sell. It might not work out in their favor, but it's probably worth a shot.

  6. Is this New Age Innovation? by DemonGenius · · Score: 1

    Is this how we're going to get better devices in the future? Companies battling it out to see how many markets they can ban their competitors from and stealing ideas rather than actually innovating? Sometimes I feel like a catastrophic worldwide environmental disaster to wipe the slate clean is in order... sometimes.

    1. Re:Is this New Age Innovation? by geekoid · · Score: 1

      Making corporation have to improve a product in some way to advance the progress is exactly what patents are supposed to do.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Is this New Age Innovation? by h4rr4r · · Score: 2

      Not even close. Patents are a system that allows society to learn about inventions and their inner workings in exchange for a monopoly for a limited period of time. Nothing more, nothing less. The arguments are that without them trade secrets would be used instead and inventions may never be produced or lost with the death of its inventor.

    3. Re:Is this New Age Innovation? by Nethemas+the+Great · · Score: 1

      That sounds reasonable enough. However, with that in mind I think there's a huge discrepancy between the contents of most patents and the fulfillment of their obligation to communicate how to reproduce an invention. Patents are being specifically crafted so as to only provide sufficient information to be useful as leverage against competitors and/or a stream of license revenue.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    4. Re:Is this New Age Innovation? by DemonGenius · · Score: 1

      Doesn't the current patent system operate like trade secrets then? When a company goes under, it is usually bought by a bigger company along with all their patents, so either way they don't see the light of day. Essentially, no one else can use a company's patents unless they are willing to buy that company and that's usually how patents get passed along. Rarely anything of value is produced nowadays because someone is afraid of getting sued for producing it, or they don't want to pay a competitor huge licencing fees for something they produced. We can definitely learn about inventions and their inner workings today, but that's only if we buy them from one source only and not try to reproduce and improve on them ourselves.

  7. Re:Dumb move. Really dumb move. by Space+cowboy · · Score: 2

    Not so sure about that - don't Apple pre-pay for their flash memory, and won't it be on a contract where Samsung deliver X units every Y months ? Samsung don't care if Apple can't *use* the ram, the contract is just for supply.

    Of course, Samsung will lose out on future contracts if they play this game, I'm sure Apple will (ahem) investigate Toshiba's flash-ram parts next time around, but perhaps Samsung think this is likely anyhow, so if they've already burnt their bridges, why not go for it ?

    Simon.

    --
    Physicists get Hadrons!
  8. The Patents by Normal+Dan · · Score: 1
    FTFA:

    The patents in the ITC case are related to ways to transmit multiple services over a wireless network; the format of data packets used for high-speed data transmission; integrating Web browsing into a phone; a way to store and play digital audio; and viewing digital documents using a touch-sensitive display

    I wonder how specific these patents are and how similar the Apple products are to them. Did they patent transmitting TCP/IP over wireless on a phone (something obvious), or do they have their own proprietary protocol (less obvious)?

    I have a feeling there might be a lot of obscurity involved in this case.

    --
    A unique way to learn a language: http://languageloom.com
    1. Re:The Patents by ackthpt · · Score: 1

      FTFA:

      The patents in the ITC case are related to ways to transmit multiple services over a wireless network; the format of data packets used for high-speed data transmission; integrating Web browsing into a phone; a way to store and play digital audio; and viewing digital documents using a touch-sensitive display

      I wonder how specific these patents are and how similar the Apple products are to them. Did they patent transmitting TCP/IP over wireless on a phone (something obvious), or do they have their own proprietary protocol (less obvious)?

      I have a feeling there might be a lot of obscurity involved in this case.

      They use programs - which is a pretty evil thing when you get down to it.

      Now if Apple used a couple tin cans and a string Samsung wouldn't have a leg to stand on.

      --

      A feeling of having made the same mistake before: Deja Foobar
  9. Re:Dumb move. Really dumb move. by TrancePhreak · · Score: 2

    Apple has already shown they pretty much don't want to do business with Samsung in the future. Moving their chip fab and several other components to competitors.

    --

    -]Phreak Out[-
  10. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    So I guess Samsung is schizophrenic now?

  11. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    Apple struct first, Samsung retaliated, its a dumb move to sue the provider of your RAM for both laptops and iDevices..

  12. Re:Dumb move. Really dumb move. by Omnifarious · · Score: 2, Insightful

    Personally, if I had a customer as insanely and stupidly litigious as Apple, I wouldn't much care about losing them.

  13. Re:Dumb move. Really dumb move. by jcr · · Score: 0

    It's not a small profit hit. Apple is far and away the biggest customer for flash memory that there is.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  14. How are they going to get an unbiased judge? by Liambp · · Score: 4, Insightful

    They are going to have a hard time finding a judge or jury who isn't addicted to some Apple product methinks.

    1. Re:How are they going to get an unbiased judge? by ackthpt · · Score: 4, Funny

      They are going to have a hard time finding a judge or jury who isn't addicted to some Apple product methinks.

      we had to dismiss half the jury for texting during the trial.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:How are they going to get an unbiased judge? by E+IS+mC(Square) · · Score: 1

      Of course. That's why the constitution and laws of the country allow judges and juries to overlook them all.

    3. Re:How are they going to get an unbiased judge? by w0mprat · · Score: 1

      Since there are more Android users now than iPhone users, by far... and increasingly so... I think the bias will be the other way.

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
  15. Re:Dumb move. Really dumb move. by h4rr4r · · Score: 1

    I guess the apple fanbois can forget about AMOLED then.

  16. Patent Length by xzvf · · Score: 4, Interesting

    When patents were first introduced in the UK, their length was 14 years. That was based on apprenticeships lasting seven years, and two generations of apprentices learning how to build and operate a device. If it could be argued that it takes a software engineer six months to become proficient in a programing technique then software patents should only be one year. Look and feel patents, if it takes 12 weeks to master creating that look and feel, then the patent should only be six months. Something that takes a four year engineering degree to master, gets eight years. A doctorate, 16 years. This would reduce the load on the patent office, because it wouldn't be worth the effort to patent simple things.

    1. Re:Patent Length by Grishnakh · · Score: 1

      How would this help the Patent Office? If people patent less stuff, then the USPTO gets less fees. The whole point of the USPTO is to make money in fees, so the more patents filed and approved, the better. That's why they don't put much effort into making sure patents aren't invalid because of prior art, and zero effort into invalidating them because of obviousness to a practitioner of the art: rejecting a patent application means less money in fees for the USPTO, so why would they do that? Also, lots of bad patents means lots more patent litigation, which means more money for courts and especially lawyers. Why on earth would the USPTO (or any part of the US Government, for that matter) want to do something that would result in less money for lawyers?

    2. Re:Patent Length by Nethemas+the+Great · · Score: 1

      Unless I'm misunderstanding the reason for the language in the present legislation being worked on the USPTO does NOT retain the fees from applications.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    3. Re:Patent Length by Anonymous Coward · · Score: 0

      Within the logic of the grand-parent post (not endorsing it, just making deductions), if the money goes somewhere in the government it would seem reasonable that a measure of the USPTO "efficiency" would be how many fees it contributes. Even the IMPRESSION that such is the case could encourage middle management to maximize fee collection over... is there anything else measurable that could be used rate how good the management of USPTO is?

    4. Re:Patent Length by Grishnakh · · Score: 1

      Exactly. The USPTO might not keep all the fees over and above their operating budget, but the rest of the government certainly doesn't donate that money to charity.

    5. Re:Patent Length by nitehawk214 · · Score: 1

      How would this help the Patent Office?

      Simple. With shorter term patents, companies would need to constantly patent random bizarre stuff all the time. This would equal more revenue for the Patent Office.

      As to whether this would increase innovation, I still think companies are of the mindset that lititgation is more cost effective than innovation.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    6. Re:Patent Length by Grishnakh · · Score: 1

      Simple. With shorter term patents, companies would need to constantly patent random bizarre stuff all the time. This would equal more revenue for the Patent Office.

      Not necessarily. If they're only getting a 3-year monopoly on stuff instead of a 20-year monopoly, they're not going to spend as much money on patenting every little thing because the return isn't as good.

      As to whether this would increase innovation, I still think companies are of the mindset that lititgation is more cost effective than innovation.

      Well of course, that's the whole problem. The patent system only rewards players who have the money for litigation; it doesn't help "the little guy in his garage" at all. That's why I think the whole system should be scrapped. Either that, or all patent litigation should be paid for by the government (obviously, this doesn't sound so great).

  17. Re:Dumb move. Really dumb move. by Masao-Kun · · Score: 1

    It looks like Apple was already threatening to take their ball and go home anyways with regards to Samsung's memory chips: http://articles.timesofindia.indiatimes.com/2011-06-28/hardware/29712304_1_galaxy-products-ipad-samsung-electronics

  18. Re:Dumb move. Really dumb move. by mr1911 · · Score: 1

    It is very unlikely Apple pre-pays anything. It is very likely the contract has enough escape clauses that Apple does not need to take anything if the mood strikes them.

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  19. Gee Apple, how'd that lawsuit work out for ya? by gmezero · · Score: 5, Funny

    Seriously, right off the bat when Apple sued Samsung the first thought that crossed my mind was "how is this going to work out", Samgung is simply going to counter sue the crap out of them. Then when it was noted that the iPhone contains Samsung parts, I just shook my head at the stupidity.

    I'm sure the person at Apple that was getting pats on the back over this slick move is now picking the shoe parts out of their ass.

    You know the extra delicious bit of irony with this new turn is that we have a Korean company suing an American company and filing for injunction to prevent the American company from shipping their products because they've outsource production overseas. HAhahaha. Globalization? How's that working out for you?

    1. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 0, Insightful

      Why shake your head at Apple? Why not shake your head at Samsung for ripping off the mobile device designs of one of their biggest clients? What did Samsung *expect* Apple to do? Sit there and take it?

      Oh right. This is Slashdot, and you're a fanboi of a different sort.

    2. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 1

      Yes because these two devices only have rounded corners that look similar /sarcasm

      http://waazzupppp.wordpress.com/2011/04/18/apple-vs-samsung-and-the-iphone-3gs-copy-gate/

    3. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 0

      It's a known fact that apple buys processor chips from samsung. So it's common knowledge iPhones have samsung parts. Maybe it was that process that allowed samsung to copy iPhone and to save their backsides samsung is filing lawsuits to bogg apple down because samsung is at fault here.

    4. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 0

      That's nice, an Apple fanboi blog. Hey, go find actual pictures of the Galaxy S and notice that, if you take away the rounded corners, it looks like... an Android smart phone more than an iPhone.

      Funny, that.

      Apple's lawsuit is entirely without merit.

      You can debate whether or not patent laws are fair, but you cannot say that Samsung's patents don't cover actual inventions that deal with cell phones, because they do.

    5. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 0

      Why shake your head at Apple? Why not shake your head at Samsung for ripping off the mobile device designs of one of their biggest clients? What did Samsung *expect* Apple to do? Sit there and take it?

      he didn't 'shake his head at apple', he just said they seemed to be in equilibrium with both companies copying eachother on different levels but if apple are going to sue samsung for their aesthetic designs then samsung isn't going to ignore apple's copying of samsung's technical designs.

    6. Re:Gee Apple, how'd that lawsuit work out for ya? by Anonymous Coward · · Score: 0

      Well it's stupid to blame globalization. Most any significantly complex product will have parts and materials from many places combined somewhere, and then shipped many places and sold. If Apple somehow managed to make every single part of the iPhone in the US, they would still infringe on the same patents, and could be ordered to stop selling them. And, you can be sure that Samsung's patents aren't valid only in the US, so they could prevent them from being imported into EU, Korea, Japan, etc. as well.

      But yes, Apple was stupid to sue one of their main suppliers. Of course they knew they used Samsung parts - that's probably *why* they thought they could get an easy win - They probably thought Samsung would roll over and play dead since they sell so much memory to Apple.

    7. Re:Gee Apple, how'd that lawsuit work out for ya? by krizoitz · · Score: 1

      Sure, if you take away the rounded corners, the black with aluminum bezel, the array of icons with four at the bottom on a dock, the fact that multiple icons on the Samsung phone use the same or incredibly similar coloring and iconography. Its about more than just the physical shape of the phone (althought thats part of it) and trade dress lawsuits are completely merited. The availability of devcies like the Droid or even the Nexus One that bear little to no physical and interface resemblence to the iPhone demonstrate it is not hard not to copy, Samsung absolutely copied the iPhone look and feel.

    8. Re:Gee Apple, how'd that lawsuit work out for ya? by TyFoN · · Score: 1

      If they wanted to copy the look and feel of the iphone they would have to remove everything but the app drawer from android.

    9. Re:Gee Apple, how'd that lawsuit work out for ya? by terjeber · · Score: 1

      Wow. Two phones with rounded corners and icons on them. Any Ford and Chevy have far more in common. Maybe Ford should start suing other car makers.

    10. Re:Gee Apple, how'd that lawsuit work out for ya? by krizoitz · · Score: 1

      Right, because Android is completely original and didn't look like something completely different before the iPhone came out. Might want to do a little research next time before trolling.

  20. Re:Dumb move. Really dumb move. by mr1911 · · Score: 1

    NAND and DRAM are commodities. Apple has other options. Very large customers are harder to come by.

    Apple played their hand aggressively, but not necessarily "dumb".

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  21. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    billions of dollars in CONTRACTS. which have some degree of exclusivity for the near future.

    apple needs memory to make devices - not sell them.

    suspending imports to the US is one thing, suspending manufacturing is another (and not at issue here)

    iOS devices are selling in other parts of the world.

  22. Re:Dumb move. Really dumb move. by h4rr4r · · Score: 1

    Lets see some data for such a claim.
    If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

  23. Re:Dumb move. Really dumb move. by shutdown+-p+now · · Score: 5, Insightful

    Of course Samsung will not succeed in obtaining the ban; it's not the goal. Everyone knows that it's going to end up as a settlement and a cross-licensing agreement, they're just haggling over who pays and how much.

  24. The whole industry by milbournosphere · · Score: 4, Informative
    is throwing lawsuits around willy nilly: http://cache.gawkerassets.com/assets/images/4/2010/10/mobilesuits.jpg

    Pretty much all the big players are being sued by somebody. That graphic's a little old, but it still illustrates just how messed up the patent system must be.

    1. Re:The whole industry by Anonymous Coward · · Score: 0

      It's being called the patent thicket at techdirt.

    2. Re:The whole industry by Anonymous Coward · · Score: 0

      Pretty much all the big players are being sued by somebody. That graphic's a little old, but it still illustrates just how messed up the patent system must be.

      And Samsung was sue happy before Apple entered the market: The allegations in the lawsuits include that companies copy the designs and functions of Samsung mobile phones and leak secret Samsung documents, the report said.

    3. Re:The whole industry by ColdWetDog · · Score: 1

      Pretty much all the big players are being sued by somebody.

      What else are you going to do with all of those lawyers? Feed them to the sharks?

      --
      Faster! Faster! Faster would be better!
    4. Re:The whole industry by FSWKU · · Score: 3, Insightful

      Pretty much all the big players are being sued by somebody.

      What else are you going to do with all of those lawyers? Feed them to the sharks?

      Can we? Please???

      --
      "So after all this, you make my case for me. To end this stalemate, you must die..."
    5. Re:The whole industry by LynnwoodRooster · · Score: 1

      Pretty much all the big players are being sued by somebody.

      What else are you going to do with all of those lawyers? Feed them to the sharks?

      Can we? Please???

      Please no!

      I need more reactive targets for my shooting range...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  25. Re:Dumb move. Really dumb move. by h4rr4r · · Score: 1

    Name some names, who else fabs this stuff and can at the drop of a hat come up with enough of it to replace all of Apples needs?

    Commodity or not Samsung produces about 40% of the worlds supply of DRAM and NAND.

  26. Ouch, my foot... by Hamsterdan · · Score: 1

    They're on very slippery terrain. Apple could go to another manufacturer for their iDevices cpus and flash nand. It's not like Samsung is the only company manufacturing Flash memory or ARM processors. Samsung stands to lose a pretty big customer in that case.

    -iPod, check
    -iPod Touch, check
    -iPad, check
    -iPhone, check
    -AppleTV, check (I don't think they sell those that much though. :)

    --
    I've got better things to do tonight than die.
    1. Re:Ouch, my foot... by Wovel · · Score: 1

      It was 1 million Apple Tvs in December, not huge by Apple standards but it is still significant.

    2. Re:Ouch, my foot... by terjeber · · Score: 1

      Sigh. Why is it that maths is so hard for so many people.

      Phones and the like is about 50% of Apple's business. Apple is 3-5% of Samsung's business. Apple took a gamble, assuming Samsung would fold. They did not, and this now only has the potential to hurt Apple. Sammy won't even get a small paper cut.

      This is going to end with Apple dropping its law suits against Sammy, Sammy doing the same for Apple. Apple getting some nice consolation price from Sammy and Sammy taking a cut out of every iStuff sold. Good move Apple.

  27. Trade by TopSpin · · Score: 1

    A South Korean company blocking the import of Chinese made products of a US company on the basis of US patents. Amusing. Also, it's not going to happen. At least not this election cycle.

    --
    Lurking at the bottom of the gravity well, getting old
  28. Re:Dumb move. Really dumb move. by Grishnakh · · Score: 1

    I don't have any figures at hand, but I'm sure the USA is far and away Apple's largest market.

  29. Just wait by Anonymous Coward · · Score: 0

    Let us all go without mobile phones until 2030 something when all current patents will be expired, then buy phones. That'll teach'em.

  30. Attempted import bans are common by ciaran_o_riordan · · Score: 1

    Filing a complaint at the US ITC is now part of the standard arsenal for software patent lawyers. Actual bans are very rare, a Qualcomm phone ban is the only one I remember, and the ITC has also said explicitly that bans are only possible at the request of product developers, not trolls.

    That said, in terms of stock prices, market confidence etc. filing a complaint at the ITC is probably a win in itself in this legal system that encourages competitors to shoot each other rather than out-do each other.

    http://en.swpat.org/wiki/United_States_International_Trade_Commission
    http://en.swpat.org/wiki/Phone_patent_litigation

    1. Re:Attempted import bans are common by Anonymous Coward · · Score: 0

      Buffalo was banned from importing wireless routers into the US for a while because of a patent issue.

  31. Re:Dumb move. Really dumb move. by Space+cowboy · · Score: 2

    One of the stated strategic advantages (by Tim Cook, the COO) of Apple's cash pile is to be able to pre-pay for strategic resources such as flash RAM, and therefore reserve enormous quantities at excellent prices. He (and Oppenheimer) have said this several times in Q&A section when they're reporting quarterly numbers.

    Simon

    --
    Physicists get Hadrons!
  32. Re:Dumb move. Really dumb move. by Samantha+Wright · · Score: 1

    Your typo is classless and causes your post to tupple over.

    --
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  33. Re:Dumb move. Really dumb move. by icebike · · Score: 3, Informative

    Exactly!

    Also with Android devices outselling Apple devices the claim would't be true even if it was limited
    to the mobile platform arena. There are 500,000 activation of android devices every day, and most
    of them contain some Samsung parts, with emphases on the flash ram.

    What Samsung would lose in iPhone sales blocked in the US they would easily recover
    from their own phones sold in the US, as well as HTC, LG, Motorola, and twenty other
    brands all using Samsung memory.

    I've seen this claim posted before, but when you check out the facts its either dated
    information or simply applied to a specific type of flash memory of a specific size.

    --
    Sig Battery depleted. Reverting to safe mode.
  34. Re:Dumb move. Really dumb move. by Space+cowboy · · Score: 1

    Not, actually.

    There's a lot more people *outside* the US than there are *inside* the US, and given how poorly the US economy is doing at the moment, the disparity in disposable income is less than it used to be as well.

    Simon

    --
    Physicists get Hadrons!
  35. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    Thank GOD that pice of shit will never be in an iPhone.

  36. Re:Dumb move. Really dumb move. by tlhIngan · · Score: 2

    Lets see some data for such a claim.
    If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

    Apple just overtook Sony as Samsung's largest customer (before that Apple was #2).

    And Apple's already investigating TSMC and Intel for foundry services (for their A5/A6 parts). And Intel/Toshiba would love to sell Apple tons of flash memory (Toshiba already does). Intel's probably already got the capacity to ramp up production for Apple, and can always grease the wheels with some money from Apple to build whole new fabs just for Apple.

    Apple's such a huge player in the chip business, they can really distort the market if they wanted to. NAND flash prices will start to rise on the largest devices soon as Apple gears up production for the holiday season. And Samsung might be left with a bunch of underutilized fabs and production lines that were happily occupied selling Apple chips that everyone else can't make up for.

    No, it won't kill Samsung, but it'll affect their bottom line hard enough with underutilized (expensive!) fabs and production lines plus loss of sales to put a dent in their financials. Plus nevermind the whole "you pissed off your #1 customer" thing that shareholders might not be very happy about.

    Then again, Samsung is a huge conglomerate. Their mobile division is happy to piss off Apple - it means more sales for them. But their semiconductor division will not be so happy to lose such lucrative business and have to idle billion-dollar fabs.

  37. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    Lets see some data for such a claim.
    If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

    Apple is the worlds largest corporate semiconductor buyer. Feel free to google that one... or just look for the ./ article. It can be assumed that if Apple wasn't Samsung's largest semiconductor account, they're damn near. The loss of Apple's account will devastate Samsung's semiconductor business. As far as other vendors that can meet the demand, when Apple knocks, you build factories.

    This is all a moot point since Apple is researching a new supplier for many of the Samsung-bought chips. They will loose the bulk of the account anyway. And it's probably not a douche move, but an IP security move. Who wants to buy their technology from a company that outright clones the devices they're helping to build?

  38. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    Apple will be Samsung's biggest customer this year, buying up components for iPhones and iPads. The bottom line is that Apple buys a massive amount of components from Samsung in order to build the very products Samsung is trying to stop from coming into the US. This is Samsung's own profits that they are trying to stop.

  39. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 1

    You cant exactly count the rest of the world as a market in comparison to the US. I would have accepted other continents counting against the US, but the entire world has 59 percent to the US 41 percent.

    That means that pretty much any way you slice the world into other markets the US is still the largest...

    Spin that data fanboi.

  40. Re:Dumb move. Really dumb move. by mr1911 · · Score: 1

    I believe they sign contracts to lock in capacity, but I find it hard to believe any cash actually changes hand before the parts are delivered. To be correct, the sentence should read "One of the strategic advantages of Apple's cash pile is that manufacturers believe you can pay when the time comes to deliver the large portion of their capacity they ran for you".

    I could very well be wrong, but pre-payment does not fit any Apple MO I have seen.

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  41. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 1

    Lets see some data for such a claim. If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

    Lets see some data for such a claim.

  42. Re:Dumb move. Really dumb move. by mr1911 · · Score: 1

    If you know that Samsung produces about 40% of the DRAM supply, certainly between the report you have and Google you can determine that Hynix supplies ~20%, Elpida ~16%, Micron ~11%, and so on. It shouldn't be too hard to use the same resources to determine that Toshiba and Micron/Intel are the other big players in NAND.

    It is unlikely anything will be at the drop of a hat. Apple knows what they intend to do, and will already have alternate source contracts set up when they let Samsung know.
    It also shouldn't be too hard to figure out that Apple changing vendors does not materially impact the supply of DRAM and NAND, but just shifts the buckets of who supplies who. There may be some short term price volatility on the spot market as large contracts reorganize, but it will not be a cataclysmic end of the universe for us all.

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  43. Re:Dumb move. Really dumb move. by Grishnakh · · Score: 1

    Yes, there's far, far more people outside the USA than inside, but most of those people are dirt-poor, and live without electricity. There's a growing number of middle-class people who can afford iJunk, yes, but even so, read your own article. As of 2010, 44% of Apple's revenue comes from the USA. That's not exactly a small amount.

    The US is still their biggest market compared to AsiaPac, Japan, EU, and "everything else".

  44. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    You probably don't even know what AMOLED is.

  45. Apple expected this by MikeMo · · Score: 2

    If you really think that Apple didn't know they used Samsung parts, and they didn't expect counter-suits, then you really don't understand businesses in general and Apple especially.

  46. good by Anonymous Coward · · Score: 0

    Good I hope samsung wins.. I hope then that Apple an american company opens a factory in.... America..itsnot imported then

  47. Re:Dumb move. Really dumb move. by Flytrap · · Score: 1

    Lets see some data for such a claim.
    If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

    Spurred by booming demand for the iPhone and iPad, Apple Inc. in 2010 became the largest buyer of semiconductors among original equipment manufacturers (OEMs) for the rst time ever, new IHS iSuppli research indicates. http://www.isuppli.com/Semiconductor-Value-Chain/MarketWatch/Pages/Apple-Becomes-Worlds-Largest-OEM-Semiconductor-Buyer-in-2010.aspx

    FTA: Apple’s surge to leadership in semiconductor spending in 2010 was driven by the overwhelming success of its wireless products, namely the iPhone and the iPad. These products consume enormous quantities of NAND flash memory, which is also found in the Apple iPod. Because of this, Apple in 2010 was the world’s No. 1 purchaser of NAND flash.

    Without belabouring the point... I think that it is common knowledge in the semiconductor industry that Apple is buying up all the semiconductor factory capacity they can get their hands on - more than even HP, Dell, Samsung, Nokia, Sony, etc. Apple has created a global shortage of certain components (not always because Apple has bought up the supply for that component, but often because Apple has bought up the chip fab capacity for its own custom components) leaving smaller oems without the off-the-shelf components that they need for their products.

    The chatter that I am getting in the industry is that Samsung will (not may) loose more by pissing Apple off than they could ever hope to gain because they don't own the Android market and can never hope to replace the revenue generated from Apple with Android phone/tablet sales. Toshiba and Sony are lobbying Apple to get more of their chip business as we speak.

  48. Re:Dumb move. Really dumb move. by Space+cowboy · · Score: 1

    Your original quote was that the Usa was "far and away Apple's largest market". If they don't even have a majority share of the market, it's difficult to see how they're "far and away" the largest, and in fact if the market is defined as 'the Usa vs the rest", the Usa comes out second-best. When I categorise something as "far and away" the leader, I expect it to have pretty much an absolute majority share of whatever is under discussion. That is not the case here.

    Also, if you actually read the article, you can see the growth percentages

    Americas 268%
    Europe 508%
    Japan 331%
    AsiaPac 727%

    Given that the Usa has dropped its revenue share by 15% (59% dropping to 44%) over the 5 years measured and has a slower growth rate than anywhere else on record, I'd not feel comfortable categorising that market as "far and away" the largest market right now (ie: a year later than the figures report). Certainly it looks as though the Usa won't even be the largest market pretty soon, let alone "far and away" the largest market.

    Simon

    --
    Physicists get Hadrons!
  49. Not too bright by Kazoo+the+Clown · · Score: 0

    Getting into a patent war with Apple is a really bad idea. Apple's portfolio can no doubt put Samsung out of business. Payback is a bitch here.

    1. Re:Not too bright by sayfawa · · Score: 3, Insightful

      Hmm, seems like all the patents I see Apple getting are software and design patents that can be worked around. Whereas the other big cell-phone companies like Nokia, Samsung, SE, etc, have patents that you need to license to actually, you know, make a phone.

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    2. Re:Not too bright by Wovel · · Score: 0

      Samsung has a good size portfolio themselves, but this is another silly move by them. Suing your largest customer who is paying their bills is almost as stupid as copying your largest customers product.

    3. Re:Not too bright by sl3xd · · Score: 1

      Then why hasn't Samsung worked around the patents already?

      This is especially true of the design patents. Pick another icon, for crying out loud. One of Apple's claims is the 'phone' icon is nearly identical - and they're right; it's nearly identical - more than close enough to violate the design patent. Same goes for the Weather, Text messaging, Mail, Notes, and Calendar app. (Seriously - does the calendar have to have a red bar on top exactly like Apple's, and even in the same shade of red?). Even the 'photos' icon has a sunflower on it - just like Apple's design patent.

      One needs only look at the variety of alternate icons for Photo or Weather apps to see that it's not hard to work around the design patents.

      The design patents are absolutely trivial to work around, yet Samsung refuses to do so; this refusal, I think indicates that Samsung knows they are violating the patents, and have no intention of changing anything.

      Samsung's attempt at blocking iPhone imports seems to indicate that Samsung feels it's likely that it will lose, that it has no intention to work around Apple's patents, and is therefore shooting for more favorable terms (ie. a cross-licensing agreement, instead of having change their products).

      Whether one agrees with the design patent is another story; but the fact is that they were granted, and Apple is within its rights to enforce them.

      --
      -- Sometimes you have to turn the lights off in order to see.
    4. Re:Not too bright by mjwx · · Score: 2

      Getting into a patent war with Apple is a really bad idea. Apple's portfolio can no doubt put Samsung out of business. Payback is a bitch here.

      I dont think so,

      It's not the number of patents but the type that counts. Considering Apple patents everything regardless of who invented it and Samsung patents actual innovations as well as almost all Apple patents are software and involve the words "with a phone/touchscreen" whilst Samsung corp owns a crapload of original hardware patents, Apple will quickly find out how badly a patent war with Samsung will hurt.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    5. Re:Not too bright by Anonymous Coward · · Score: 0

      Getting into a patent war with Apple is a really bad idea. Apple's portfolio can no doubt put Samsung out of business. Payback is a bitch here.

      how so? apple sued samsung over aesthetic design so now samsung is suing apple over technical design, both companies are infringing on eachother so the result will be patent cross-licensing. this happens all the time.

    6. Re:Not too bright by sayfawa · · Score: 1

      Well, I don't disagree with anything you said. I guess anyone who looks at a recent Samsung would say they're copying Apple. But if they *had* to, they *could* work around the Apple patents. They may not, because they're trying to copy something popular and they don't want to stop because it's making them gobs of money. But I'd guess they could. otoh, Apple probably can't invent new forms of wireless technology or solid state mass storage.

      --
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    7. Re:Not too bright by sl3xd · · Score: 1

      As far as solid state mass storage: Since Apple is buying their solid state storage directly from Samsung, it's difficult to argue that Apple is infringing on Samsung's solid state storage patents. It makes as much sense as Western Digital suing Apple because Macs use drive technology patented by WD, or Ford suing an auto parts store that carries Ford parts. There's not much hope of winning anything there.

      For the wireless patents: I've read a review from a patent lawyer who stated that if the patents in question are necessary for 3G, then Samsung is still up a creek because they're bound by their agreements to the 3GPP standards body to license them under FRAND ("Fair", reasonable, and non-discriminatory) terms. In other words, they'd be unable to force Apple to enter into a cross-licensing agreement; Apple would pay a FRAND pittance for the patent license, and be on their merry way. (http://thisismynext.com/2011/04/29/samsung-sues-apple-infringing-10-patents-closer/)

      All in all, it's interesting: I'm not sure I see the value in the things Apple is trying to force Samsung to change, nor do I see Samsung as having much chance of winning on its counter-claims. Must be a good day to be a lawyer.

      --
      -- Sometimes you have to turn the lights off in order to see.
    8. Re:Not too bright by terjeber · · Score: 1

      LOL! Apple putting Sammy out of business? Apple is 3-6% of Sammy's business. Compared to Sammy, Apple is small potatoes (it's inflated market value not taken into account). If Sammy can only hurt phone sales, Apple is toast. Apple can not touch most of Sammy's business. I'm not sure how Apple could, for example, make a dent in Sammy's ship-building operations.

    9. Re:Not too bright by terjeber · · Score: 2

      Sigh. Apple accounts for far less than 10% of Sammy revenue, and it wasn't really Sammy who sued Apple, they counter-sued. I am not sure Apple is the smart one here. Their phone stuff accounts for half their income. If Sammy loses all of Apple's business it will mean a lot less to them than the current currency fluctuations in the markets they operate in.

  50. Re:Dumb move. Really dumb move. by Wovel · · Score: 0

    Apple is the largest OEM Semiconductor buyer in the world.

    http://www.isuppli.com/semiconductor-value-chain/news/pages/apple-becomes-worlds-largest-oem-semiconductor-buyer-in-2010.aspx

    They are not a customer that is easily replaced.

  51. Re:Dumb move. Really dumb move. by tverbeek · · Score: 1

    Samsung knows they won't get this ban. That isn't their strategy. They just want a cut of the money. You must understand one thing to make any sense of civil corporate law: No one ever wants to go to court; they want a profitable settlement.

    After all, if you were a Samsung executive, and you did not suffer from recent substantial brain damage, would you think that hordes of customers who've just been denied the chance to buy the iProduct they've been looking forward to buying are going to reward the company responsible for that?

    --
    http://alternatives.rzero.com/
  52. Re:Dumb move. Really dumb move. by Samantha+Wright · · Score: 1

    Aww. Flamebait? Someone must really be insecure about their favourite programming paradigms.

    --
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  53. Re:Dumb move. Really dumb move. by icebike · · Score: 3, Insightful

    Doesn't matter. They have nowhere else to go, because only Sammy can handle their orders.

    Besides, just because the 20 Android manufacturers do not individually exceed Apple doesn't mean much.
    They easily exceed Apple do when lumped together. If iPhone were banned from import
    they would still sell elsewhere Android would surge in the US. Those phones use just as much
    memory as Apple.

    So Sammy wins either way.

    Like I posted Android is outselling iPhone today and Android tablets are just starting
    to come on line from dozens and dozens of companies.

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    Sig Battery depleted. Reverting to safe mode.
  54. Re:Dumb move. Really dumb move. by icebike · · Score: 2

    Every single day? Really? I doubt that very much. First of all Sunday, in many parts of the world have closed shops on that day and other parts of the world close down shops on Fridays early.

    Take your silly argument somewhere else.

    Go read the facts: http://www.geek.com/articles/mobile/google-activates-500000-android-devices-every-day-20110629/

    The tweet: https://twitter.com/#!/Arubin/status/85660213478309888

    This is nothing to do with a platform war. Stop trying to make it into one.
    The simple facts are that Apple has only a few device models, and an import ban hurts them in their biggest
    market, but wouldn't make a dent in memory providers. What Apple doesn't sell, HTC, LG, Motorola, Sony-Ericcson, and Samsung will sell. Do you think America is going to stop buying smartphones and tablets?

    --
    Sig Battery depleted. Reverting to safe mode.
  55. You're right. by mjwx · · Score: 4, Informative

    Lets see some data for such a claim.
    If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

    Apple makes up 2.6% of Samsung's sales, Sony makes up 3.7% and Dell makes up 2.5%.

    Considering the market for NAND flash is very competitive now with every man and his dog making smartphones, memory cards and solid state drives, Samsung does not stand to lose 2.6% of sales if it cuts Apple off completely as there are other customers that buy the same products from Samsung.

    It seems Apple needs Samsung products more then Samsung needs Apple as a customer. Suing them and hoping Samsung is not a vindictive company could be a really dumb move.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
    1. Re:You're right. by Anonymous Coward · · Score: 0

      Lets see some data for such a claim.

      If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

      Apple makes up 2.6% of Samsung's sales, Sony makes up 3.7% and Dell makes up 2.5%.

      Considering the market for NAND flash is very competitive now with every man and his dog making smartphones, memory cards and solid state drives, Samsung does not stand to lose 2.6% of sales if it cuts Apple off completely as there are other customers that buy the same products from Samsung.

      Your data is over a year old and is out of date. Apple is by far Samsung's largest customer. Losing Apple, will mean a loss of about 7 billion in revenue:
      http://www.businessinsider.com/apple-samsung-2011-2

      Considering how Samsung went out of their way to blatantly copy the look of the iPhone, I guess I would have thought that even the fandrods would understand that this is unfair, but I always underestimate religious zealots.

    2. Re:You're right. by xenopain · · Score: 0

      Lets see some data for such a claim. If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.

      Apple makes up 2.6% of Samsung's sales, Sony makes up 3.7% and Dell makes up 2.5%. Considering the market for NAND flash is very competitive now with every man and his dog making smartphones, memory cards and solid state drives, Samsung does not stand to lose 2.6% of sales if it cuts Apple off completely as there are other customers that buy the same products from Samsung. It seems Apple needs Samsung products more then Samsung needs Apple as a customer. Suing them and hoping Samsung is not a vindictive company could be a really dumb move.

      Everything on Wikipedia is right, and up-to-date.

    3. Re:You're right. by terjeber · · Score: 1

      You are right, his numbers are off. Apple should be more like 4-5%. Whooptidoo, that changes his argument completely. Get a calculator or stop posting nonsense.

  56. Re:Dumb move. Really dumb move. by simmonsjeffreya · · Score: 2

    Oh, what a shame. I am not an Apple phone user, but am considering it for my next phone, when iPhone 5 or 6 rolls around, whichever has LTE on VZW. If it had an AMOLED screen, I would NEVER buy one. I had an early HTC Incredible with the AMOLED screen, it was absolutely horrible. Sure, it looked nice if you were in a pitch black room, but pretty much anywhere else it was horrible. Out in the sun, forget about even trying to look at your phone, you won't be able to see a thing. That was my shortest owned phone, thankfully I found some sucker to buy it after owning it a month, for retail price. Besides, the current "retina" display already looks better than any AMOLED phone I've seen...

  57. How can such poorly worded patents be granted? by aristotle-dude · · Score: 1

    How could you even get a patent on "viewing digital documents using a touch-sensitive display"? It is a passive activity of the "user", not the system and there is no description on the system responding in any way to the "viewing".

    It should have been rejected unless if they at least rewrote it as "displaying digital documents using a touch sensitive display" because that is something that the device actual does.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  58. Apple is gambling that Samsung would fold. by mjwx · · Score: 4, Funny

    If you really think that Apple didn't know they used Samsung parts, and they didn't expect counter-suits, then you really don't understand businesses in general and Apple especially.

    If you think Apple aren't betting that Samsung is not a vindictive company you dont understand law suits in general.

    Apple are suing because Samsung smart phones are taking sales away from Apple phones. Apple derives over 50% of it's income from phone sales (a single product) so they've got a lot to lose if phone sales are threatened, namely their astronomical share price.

    The suit was an act of a desperate company, if you cant see that you dont understand how tech business work. Those at the top dont worry about others, those who fall behind sue everyone (and that children, is how bubbles burst).

    Samsung hold all the power here, if Apple becomes too bothersome, they'll just find a way to get rid of all their current contracts. Apple does not make up that much of Samsungs sales and the products they sell to Apple can be sold to many other customers (Sony, HTC, HP, Dell).

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
    1. Re:Apple is gambling that Samsung would fold. by Phleg · · Score: 3, Insightful

      Apple are suing because Samsung smart phones are taking sales away from Apple phones.

      Apple is suing because that's how the game is played at this point. Trot out your patents, so does the other guy, and settle on some cross-licensing agreement that (if you've calculated right) puts you in a better position than your competitor. Or encourages your other competitors to follow suit in licensing your patents. You clearly do not understand this level of "business chess". That's alright, but you just really ought to shut up about it until you learn more.

      ...they've got a lot to lose if phone sales are threatened, namely their astronomical share price.

      Share price is an arbitrary value without knowing market cap. If you actually meant "share price", you have no idea how the stock market works. If you actually meant "market cap", you might understand how the market works, but are laughably far from reality. AAPL is currently trading at a 15.92 P/E ratio, compared to a 19.32 P/E for GOOG, an astronomical 2,424.63 P/E for LNKD, and 10.15 P/E for MSFT. However, AAPL has (as of last quarter) nearly 10% of their share price in cold, hard, liquid cash. Assuming a zero growth rate, AAPL will have more cash on hand than its current share price in less than five years.

      So tell me, please, how Apple's share price is astronomical.

      --
      No comment.
    2. Re:Apple is gambling that Samsung would fold. by Anonymous Coward · · Score: 0

      Apple derives over 50% of it's income from phone sales (a single product) so they've got a lot to lose if phone sales are threatened, namely their astronomical share price.

      Small point...Apple makes more PROFIT from their Mac line, even though they only sold a few million. The sheer volume of other sales might be higher, but profit margins from iPhones are not 50% of Apple's business.

    3. Re:Apple is gambling that Samsung would fold. by Anonymous Coward · · Score: 0

      Samsung hold all the power here, if Apple becomes too bothersome, they'll just find a way to get rid of all their current contracts. Apple does not make up that much of Samsungs sales and the products they sell to Apple can be sold to many other customers (Sony, HTC, HP, Dell).

      People made that same mistake when Apple was experiencing problems with Motorola and IBM over the PPC update woes of the late 90's. Here we are, over a decade later, and Apple is doing better than ever. And Motorola is nearly gone (phone division and all), the PPC was spun off to a separate company (Freescale) which promptly went into an extended period of financial trouble, and IBM doesn't make anything anymore (they just play Jeopardy! all day long, as far as anyone can tell).

      The RDF is quite capable. Do not underestimate it.

    4. Re:Apple is gambling that Samsung would fold. by Anonymous Coward · · Score: 0

      yup , apple looks a lot like sco suing linux at large , where is sco now ....... hey apple sure you got the right captain .....i'm not lmao , but hell i'm a android suporter

    5. Re:Apple is gambling that Samsung would fold. by Anonymous Coward · · Score: 0

      Don't worry about it dude, this is slashdot, full of youthful morons. I do pop back occasionally (have a log in since 1998 but forgot creds), hoping for some nugget post, like yours.

      Thanks!
      John

  59. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    To Samsung it is irrelevant how many semiconductors Apply buys, just how many it buys from Samsung. Samsung has a lot of customers, not the least of which is itself. The global economic situation means building new fabs is risky - flash memory is rapidly becoming commoditized and they likely believe there are more profitable things to be fabbing, given a limited production capacity. In light of the recent HTC and General Dynamics Microsoft patent agreements it looks like, if Samsung wins a similar IP decision it will gain a lot, and still not have to tie up more fabs on low-margin product - or build some more fabs with lower risk.

    tldr: Shareholder win. Samsung fabs can be more profitably utilized, also, let's try to get some royalties from Apple.

  60. Re:Dumb move. Really dumb move. by Whuffo · · Score: 1

    Checking out the facts is always a good way to find the truth. But those darned facts can be slippery things, and sometimes they're not facts at all,

    Comparing the sales of Apple devices against Android devices is a prime example. Apple is a manufacturer, Android is a mobile operating system. The names describe two different things; you can't find truth this way. It's like comparing the sales of Exxon and Honda and trying to prove some special value from those numbers.

  61. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    I am not sure how it would even Hurt Samsung. If, for example, Apple goes to Toshiba, then other customers that would have bought from Toshiba will probably go to Samsung, given the vast volumes that things like Flash Memory sell at, Samsung has to lower their price only slightly to attract a lot of customers. In fact, since Apple probably has a pretty low price with Samsung already due to volume, they can probably sell it at the same price they would have, or more, and still attract customers.

    Apple is a huge player, but they are still a single player. And if Intel or Toshiba or someone takes their business, you can bet they'll be cautiously thinking "Hmm.. we are interested in making stuff too..." (in particular, Toshiba makes PCs, Cell Phones, etc.)

    But more to the point: It doesn't matter. Apple started the fighting - what would you do if you were Samsung? "Ok.. I guess since they are our customer, we'll roll over". Not likely. That would just let Apple know it can do the same thing any time.

  62. O to be... by Anonymous Coward · · Score: 0

    ... this must be the greatest time to be a patent attorney.

  63. Re:Dumb move. Really dumb move. by icebike · · Score: 2

    So what? What does it matter if Apple is ONE manufacturer and Android is many?
    (First off, the only people that mention that fact is Apple Fanbois, who seem to spout it incessantly).

    It doesn't matter one bit. Its totally not germane to the situation at hand. Why exactly did you feel compelled to once again pontificate that apple is one company and Android handsets are made by many?

    If Apple can't import their devices Android sales will go thru the roof even faster than they are now.
    Many Android producers will benefit, and they in turn will order more flash memory from Samsung,
    and Samsung won't even notice any significant drop.

    But lets go back and talk about those so called facts for a second.

    Apple never releases their purchasing data, or even detailed sales data. Neither does Samsung. They wouldn't be that dumb.
    And Apple never manufactures their own stuff. They hire it done in China. And the factories they hire produce OTHER things, Nooks, Kindles, tablets for dozens of other companies. And THEY pay for the parts, and Apple pays them back. So anyone (even the quoted URL up thread) is just speculating about where these parts are going. They probably attribute all memory shipped to Foxconn to be for Apple, yet I hold in my hands an Android tablet that was assembled by Foxconn.

    So anyone claiming they have precise numbers is mostly guessing, and don't take into account the way markets work between China and Korea.

    Further, since the undisputed facts are that ALL android manufactures together are out selling Apple iphones and ipads someone has to explain where they are getting all the Flash Ram. Why, from Samsung of course, since them make a lot of it. (40% allegedly). None of those manufacturers are as big as Apple, but all of them together exceed apple.

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    Sig Battery depleted. Reverting to safe mode.
  64. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    Trying to push any particular license as "the ethical choice" just makes me mad. - Linus Torvalds

    That's a fitting signature...

  65. Re:Dumb move. Really dumb move. by symbolset · · Score: 1

    They don't want a cut of the money. They just want Apple to stop suing them. But now that they're fighting things might get a little bitter.

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  66. Re:Dumb move. Really dumb move. by eatyourbeans · · Score: 1

    I'm not sure that you realize that Samsung Electronics is the world's largest global technology company. Bigger than HP, IBM, Sony, Microsoft, and certainly bigger than Apple. In fact, Samsung Electronics brings in over two-and-a-half times more revenue than Apple. And under Samsung Group, Samsung Electronics is just one subsidiary. I don't know how it all breaks down, but in Korea, they also run a phone company (Anycall), a Wal-Mart equivalent (Homeplus), a life insurance company (Samsung Life Insurance), a couple hospitals (Samsung Medical Group), the second-largest shipbuilder in the world (Samsung Heavy Industries), and plenty more. Who's in charge of the outfit? I'd venture to say that it's someone who's seriously got their act together.

  67. Re:Dumb move. Really dumb move. by LynnwoodRooster · · Score: 2

    Your original quote was that the Usa was "far and away Apple's largest market". If they don't even have a majority share of the market, it's difficult to see how they're "far and away" the largest, and in fact if the market is defined as 'the Usa vs the rest", the Usa comes out second-best.

    Not sure what your marketing or sales background is, but I don't know a SINGLE International entity that considers "the non-US World" as a single market. It's almost always broken up as Europe or EMEA (Europe, Middle East, Africa), South/Central America, and Asia Pacific. And NONE of those markets are as big as the US market for Apple. In fact, I'm pretty sure Apple breaks their markets down that way as well.

    Thus the original contention - the US is the biggest market for Apple - is correct. At least if you consider markets as Apple considers them.

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  68. Re:Dumb move. Really dumb move. by tlhIngan · · Score: 1

    Samsung sells everything to everyone. I'm sure they'd happily take a small profit hit now in order to force Apple to pay them royalties on every device they have sold and will sell. It might not work out in their favor, but it's probably worth a shot.

    Good point. Apple takes 57% of mobile industry profits, selling just the iPhone which has only 4% of the entire mobile marketshare. Everyone else, including the likes of Nokia, RIM, LG, Samsung, ZTC, etc. who sell the rest of the phones, gobble up the remaining share of the profit.

    So even though Android phones outside the iPhone probably by 3:1 or more (half a million activations/day), Android phones don't make very much money at all. On the other hand, Apple just rakes in the cash.

    This would help Samsung avoid falling into the trap of selling phones and making barely any money off them.

    Hell, Apple might just go and cross-license, and use that to squeeze Samsung on parts as well. The net effect for Apple would be they pay the same amount to Samsung collectively as they had before. And Apple probably will get those concessions because as the #1 customer, they also have options

  69. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Well while Apple might activate about half that number of iPhones right now, they are growing into new markets and if you add in iPod Touches and the iPad which can be either 3G+Wifi or Wifi only then iOS comes out way ahead. If you look at install base then Android is not even close to touching iOS even if you ignored the heavy fragmentation of Android versions available for specific handsets.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  70. Re:Dumb move. Really dumb move. by Anonymous Coward · · Score: 0

    It's not a small profit hit. Apple is far and away the biggest customer for flash memory that there is.

    -jcr

    I thought Apple didn't support flash :-P

  71. Re:Dumb move. Really dumb move. by That+Guy+From+Mrktng · · Score: 1

    Yeah but none of those joints deliver iDevices, the world can go on w/out super markets, health care or cargo ships but can you imagine the world without iPads?, how can anything be done?! /s

  72. Re:Dumb move. Really dumb move. by icebike · · Score: 1

    Explain how Samsung makes money on the installed base.

    This thread is about the sale of new devices and what an import ban would do to Apple. Installed base means nothing in that context.

    Try to stay on topics. If you want to start a my phone is bigger than your phone jihad take it somewhere else. It's been done to death.

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    Sig Battery depleted. Reverting to safe mode.
  73. Re:Dumb move. Really dumb move. by Omestes · · Score: 1

    Uh... wait... So Apple wins if you compare phones AND mp3 players AND tablets? Seems a bit of a stretch, especially when the story is about... well.. phones. This ignores the fact that Android has absolutely nothing to do with the story, nor does the respective market shares of devices, or, sillier still, mobile OSs.

    We were talking about Samsung still being able to sell memory to devices makers if this ban happens. Last I checked flash memory didn't care if it was in an Apple branded device or anything else, much less what arbitrary flavor of OS said device is running. The reasoning goes; if Apple can't sell iPhones in the US, then people will still need devices, those devices will also have (probably) Samsung memory, regardless of what OS they run.

    Further, who cares? Oh no, iOS has more installs! Should I care? Is that, magically, a measure of quality now? If so, then we all know Windows is the best OS, and IE is the best browser. Apple always has been that way, they control the hardware and software, so comparing them to the rest of the ecosystem isn't very useful.

    Also, is there any proof to your claim that iOS "wins" when you take in account IPod Touch and iPads? Does this ignore the various flavors of Nook, and all of the various (albeit flawed) Android tablets, including the cheap Chinese ones? What happens if I expand "Android" into "mobile devices running modified Linux kernels, since it is pretty much nothing more than a modified kernel with some skinning and tweaks.

    --
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  74. Re:Dumb move. Really dumb move. by terjeber · · Score: 2

    The problem with concepts like "the largest" is that it doesn't convey any real information. In the chart provided with your link, the top ten are listed. Of those top ten, it appears that Apple accounts for about 20% or so. Now, there are thousands of outfits in the world that purchase these. Camera and camcorder manufacturers, car manufacturers etc. It seems quite unlikely that the top ten account for half the total market, they are quite probably a lot less.

    What does this mean? It means that even if Apple is, by some margin, the largest OEM buyer in the world, they still account for a single digit percentage of the business. Assuming that the relationship holds for Samsung, Apple would therefore account for less than 10% of the Samsung business. Now, that is total. Samsung is only trying to block US imports, which is, assuming (optimistically) that the US is half the market, that the hit for Samsung will be below 5%. That is a small hit to take if you can seriously damage a significant competitor or, perhaps even better, get some of his profits as royalties.

  75. Re:Dumb move. Really dumb move. by terjeber · · Score: 1

    Apple's such a huge player in the chip business, they can really distort the market if they wanted to

    Being the largest doesn't actually mean that you are large. From the numbers posted in this thread it appears that Apple, at best, buys in the higher single digit number of OEM hardware. That is not big enough to distort the market.

  76. Re:Dumb move. Really dumb move. by terjeber · · Score: 1

    The loss of Apple's account will devastate Samsung's semiconductor business

    The numbers published says that this is not so. Apple account for sub-10% of the market total. Probably similar for Samsung. Samsung semiconductor can handle a sub-10% hit to their business. Apple would not be able to inflict such a hit though, anyone who supplies Apple in the future would have to get rid of some of their customers, who would have to turn to Samsung.

  77. Re:Dumb move. Really dumb move. by terjeber · · Score: 1

    Please read a little bit before posting nonsense. Yes, Apple will be big with 7-8 billion worth of revenue for Samsung. Samsung yearly revenue is somewhere in the $180-$200 billion. In other words, Apple is 3-7%. Currency fluctuations account for more variability than does winning or losing Apple.

  78. Re:Dumb move. Really dumb move. by terjeber · · Score: 1

    Apple accounts for $7-8 billion of a total of $180-200 billion revenue. Samsung is obviously not going to like losing Apple, but currency fluctuations are more important to their bottom line than is Apple.

  79. Re:Dumb move. Really dumb move. by The+Hatchet · · Score: 1

    That is the problem with a commercial monopsony, they should be as equally illegal as monopolies, not that the US government has done anything to stop even the most blatant monopolies in the past decade.

    --
    Where is the mod rating for "scary"? Also, ...
  80. Re:Dumb move. Really dumb move. by rat7307 · · Score: 1

    Biggest SINGLE customer maybe, but the sum total of all the others would surely outweigh that

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    Burma?
  81. _Import_ of Apple products? by dugeen · · Score: 1

    And we always thought Apple were a US company. Or are these products made in Chinese sweatshops by any chance?

  82. Re:Dumb move. Really dumb move. by X.25 · · Score: 1

    If Samsung succeeds in obtaining this ban, then that's billions of dollars they lose in sales of flash memory to Apple. Who's in charge of that outfit?

    They are negotiating.

  83. Good! Burn it down! BURN IT DOWN! by Rogerborg · · Score: 1

    When the economy grinds to a halt, and the only people making a living are lawyers, maybe - maybe - we'll get change.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Good! Burn it down! BURN IT DOWN! by Smallpond · · Score: 1

      Yes. They'll be burning $1000 bills in their fireplace, and you'll have change.

  84. Re:Dumb move. Really dumb move. by IrquiM · · Score: 1

    Who cares? They'll get the new cornea display!

    --
    This is blinging
  85. Re:Dumb move. Really dumb move. by Smallpond · · Score: 1

    So I guess Samsung is schizophrenic now?

    All companies with multiple divisions have MPD. Why would the guy in charge of phone sales care how much business the flash division does?

  86. Re:Dumb move. Really dumb move. by Cerium · · Score: 1

    Odd. I have had the exact opposite experience and find it hard to believe that you aren't confusing the various technologies, or are simply one of them Apple bots/fanboys conjuring up some justification/something.

    But whatever. YMMV, I guess.

  87. Re:Dumb move. Really dumb move. by cez · · Score: 1

    Am I missing something, or didn't Apple have to buy the memory from Samsung prior to putting it in their devices? Why would Samsung care if they then sold them? The devices are built, just not in the US currently.

    --
    Walk with Music;
  88. Re:Dumb move. Really dumb move. by Space+cowboy · · Score: 1

    I point you to the exact frigging chart in the original URL that contrasts the USA to the rest-of-the-world. Obviously there is some merit in comparing the two, and obviously some people do in fact consider the USA and rest-of-the-world to be comparable.

    Which is not to say that your comment is even relevant - I wasn't objecting to the 'largest market' part, I was objecting to the 'far and away' part. This was supposed to be obvious in the comment you replied to because I used the term 'far and away' 5 times!

    Simon

    --
    Physicists get Hadrons!
  89. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Explain how Samsung makes money on the installed base.

    This thread is about the sale of new devices and what an import ban would do to Apple. Installed base means nothing in that context.

    Try to stay on topics. If you want to start a my phone is bigger than your phone jihad take it somewhere else. It's been done to death.

    Install base does not make Samsung money now but neither do those activations of android phones because a lot of them have been sitting in the channel for months until the carrier ran a BOGO promotion. But what it does represent is the strength of the platform to third party developers and if you have a critical mass of devs which in turn leads to more applications, that makes the platform more attractive to people buying the devices.

    Unlike with iOS, those activations are not really growing the install base very much because they many of them might be replacements and because handset makers are dragging their feet on upgrading Android on existing handsets, their resale value is almost nil so the phones being replaced are likely being recycled instead of going into the used market.

    Yes, we are supposed to be looking at sale of new devices and it not only concerns phones but all devices that use Samsung chips. The facts remain that Apple is not only Samsung's largest flash chip customer but their consumption is greater than all Android phones combined and Apple products tend to not stay in the channel long which is why you do not see sales except just before a hardware refresh.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  90. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Uh... wait... So Apple wins if you compare phones AND mp3 players AND tablets? Seems a bit of a stretch, especially when the story is about... well.. phones. This ignores the fact that Android has absolutely nothing to do with the story, nor does the respective market shares of devices, or, sillier still, mobile OSs.

    We were talking about Samsung still being able to sell memory to devices makers if this ban happens. Last I checked flash memory didn't care if it was in an Apple branded device or anything else, much less what arbitrary flavor of OS said device is running. The reasoning goes; if Apple can't sell iPhones in the US, then people will still need devices, those devices will also have (probably) Samsung memory, regardless of what OS they run.

    Further, who cares? Oh no, iOS has more installs! Should I care? Is that, magically, a measure of quality now? If so, then we all know Windows is the best OS, and IE is the best browser. Apple always has been that way, they control the hardware and software, so comparing them to the rest of the ecosystem isn't very useful.

    Also, is there any proof to your claim that iOS "wins" when you take in account IPod Touch and iPads? Does this ignore the various flavors of Nook, and all of the various (albeit flawed) Android tablets, including the cheap Chinese ones? What happens if I expand "Android" into "mobile devices running modified Linux kernels, since it is pretty much nothing more than a modified kernel with some skinning and tweaks.

    Dude, stop it with the linux fanboyism. We are talking about how much Samsung flash capacity is used by Apple products. Apple is the largest consumer of flash memory in the world. That is a fact. They also sell most of their products quickly without having a lot of inventory sitting in the channel at any one time. They have been trying to catch up with demand for the iPad 2 for months since it was released this spring.

    IPod Touches, iPhones and iPads all use flash memory and they all run iOS. Please do try to keep up. So if you compare the amount of flash memory in all iOS devices with the amount in all Android devices sold on any given day, there is more on the iOS side of things. If you just compare device numbers sold iOS wins again by a significant margin.

    In a nutshell, not only are there more iOS devices sold per day but they contain more flash memory on average than Android devices. Those chinese devices that you mentioned not only do not sell very many because of their low quality but they usually have very little onboard storage.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  91. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Apple's such a huge player in the chip business, they can really distort the market if they wanted to

    Being the largest doesn't actually mean that you are large. From the numbers posted in this thread it appears that Apple, at best, buys in the higher single digit number of OEM hardware. That is not big enough to distort the market.

    You are simply not getting it at all. Apple is such a big player in the flash market that companies like RIM and Acer are having trouble sourcing enough flash memory for their tablets.

    Don't forget that not only does Apple use flash memory in iPhones but they also sell even more iPod Touches and they are selling a lot of iPads. They also sell quite a few macbook airs which all have large SSDs in them.

    Now if you compare the average size of onboard storage in android devices on the low end with iOS devices, you start to see that a big difference. Android would have to be selling 10X what Apple sells to make up the difference of what Apple consumes from the flash market and just iOS devices alone outsell all android devices combined even if you include those cheap chinese devices sold as CVS. If you count the amount of flash chips then it is even more one sided.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  92. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Please read a little bit before posting nonsense. Yes, Apple will be big with 7-8 billion worth of revenue for Samsung. Samsung yearly revenue is somewhere in the $180-$200 billion. In other words, Apple is 3-7%. Currency fluctuations account for more variability than does winning or losing Apple.

    Samsung is a large conglomerate of companies you dumb ass. You are comparing Samsung revenue to what Apple is buying from their flash and other chip OEM business. That part of Samsung cannot afford to lose Apple as a client. Also, revenue is not the same thing as profit. Guess which one is more important to investors? A shitload of revenue with a negative profit is worse than having less revenue and some profit.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  93. Re:Dumb move. Really dumb move. by aristotle-dude · · Score: 1

    Apple accounts for $7-8 billion of a total of $180-200 billion revenue. Samsung is obviously not going to like losing Apple, but currency fluctuations are more important to their bottom line than is Apple.

    That is for all of Samsung http://en.wikipedia.org/wiki/Samsung dummy. The total revenue for the electronics group http://en.wikipedia.org/wiki/Samsung_Electronics is unknown but the net income (profit) for 2009 was only 8.33 billion USD for that division and that group includes telecommunications, consumer electronics and semiconductor business.

    That means that Apple's contribution to the bottom line of the semiconductor groups is significant and a loss of them as a customer would be devastating to Samsung.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  94. Re:Dumb move. Really dumb move. by Omestes · · Score: 1

    Dude, stop it with the linux fanboyism.

    I'm not. Actually the whole bottom bit was to illustrate how stupid install base pissing contests are, especially in the mobile market. Notice how, on a discussion about phones, you expanded it to include non-phones, then I expanded it to include a whole real operating system, also notice that I extended this to two products (Windows and IE) which a majority of us here don't find very special, despite being insanely popular. I don't care is Linux, iOS, Android, Windows, or whatever else is "winning", I find it an absolutely moronic metric.

    Back on topic, Apple has been hinting at moving away from Samsung for awhile now. So even if this ban doesn't happen (it won't), Samsung loses Apple. If, on the other hand, this ban does happen, Android (and Windows) devices will rise to fill the gap, and most of them are also using Samsung memory. As much as the fanboys would like to argue otherwise, iPhones (/pad/pod/touch) aren't in a separate class than other mobile platforms, they are completely replaceable, and completely analogous, with other devices. If the iPhone falls in the US, Samsung's market would remain roughly stable.

    . If you just compare device numbers sold iOS wins again by a significant margin.

    Does it? I don't see any evidence of this. It might be out there, but... And does said evidence take in account, again, EVERY device running Android? And, again, who (profanity here) care what OS the device runs? Win Mobile devices need flash, iOS devices need flash, Android devices need flash, homebrew Linux devices (like the Kindle) need flash, homebrew other OS devices need flash. Hardware has nothing whatsoever to do with whatever OS a platform is using. More to the point; do you really think that if all iwhatnots suddenly were banned, people wouldn't buy the alternatives in equal number (ignoring whinging fanboys, which are an extreme minority of any user base)?

    Oh no! I can't buy an iPhone/pad/pod/touch! I guess I'll do without a smartphone (tablet/mp3 player)? Or... buy the exact same product (meaning does has parity of function) from a different manufactures, and running a different, equally capable, OS? The only market that would be hurt, really, is tablets, since most people with iPads own them for their Apple-ness, and the "hip factor" far outweighs the actual utility factor (unlike phones), and there are no competitive products out there yet. But removing tablets from Samsung's market isn't going to hurt much, since they are pretty uncommon (what percentage of Americans own an iPad? 2-3%?)

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  95. Re:Dumb move. Really dumb move. by bill_mcgonigle · · Score: 1

    If iPhone were banned from import
    they would still sell elsewhere Android would surge in the US.

    Yes, good point - total aggregate demand for Samsung chips from the US market should stay fairly level.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  96. Re:Dumb move. Really dumb move. by terjeber · · Score: 1

    You are simply not getting it at all

    Yes, I am actually, I am just not a Born Again Apple Worshiper. Here is a clue. Apple is somewhere around 5-7% of the total market. That means, as I was saying, that even though they are the biggest, their share is simply not big enough to distort anything at all.

    Android would have to be selling 10X what Apple sells to make up the difference of what Apple consumes from the flash market and just iOS devices

    So, you have been playing with your calculator again? You really shouldn't, since it makes your calculator look like a genius compared to you. Android devices out-sell iOS devices. In other words, according to you, the average iOS device has more than ten times the on-board storage of the average Android device. That simply is pure and utter bullshit.

    Flash memory is used everywhere. Cameras obviously, phones, cars, usb memory sticks, medical instruments, robotics and so on. So, how much of that market is Apple? The iPhone has sold some 50 million plus/minus since it came on the market. That is less in total than the estimated number of digital cameras sold each year (60-80 million digital cameras are sold each year). Apple has sold about as many iPods total as they have sold iPhones total. To make it easy, lets pretend that the iPod with flash and the iPhone has been on the market for the same amount of time, then Apple has sold some 100 million of these things in four years. In the same four years, if you go by the low number of digital cameras, 240 million have been sold, which means that digital cameras alone out-sell Apples entire iXXXX portfolio more than 2:1. How many of those digital camera owners have more than one flash chip? Since most digicams comes with a tiny chip, I'd say that probably half of the digicam customers have two chips. No iPods can switch chip, so that is not an issue. Suddenly camera equipment is out-selling Apple 3:1 or more.

    Yes, Apple is (with a slight margin) the largest semi conductor buyer in the world. That doesn't tell us anything about the absolute market power Apple has, since "the largest" could be anything from less than one percent to more than fifty percent. Apple is somewhere around five percent. Five percent is not enough to be able to skew the market. Not even close. Which was my point.

    Now turn around and sob into your Steve Jobs pillow and take Economy 101 over.

  97. Welcome to Korean World. by Anonymous Coward · · Score: 0

    From Japan.