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Tim Cook Never Wanted To Sue Samsung

colinneagle writes "While Steve Jobs' ire in regards to Android is well known, a recent report from Reuters relays that current Apple CEO Tim Cook never wanted to sue Samsung in the first place. 'Tim Cook, Jobs' successor as Apple chief executive, was opposed to suing Samsung in the first place, according to people with knowledge of the matter, largely because of that company's critical role as a supplier of components for the iPhone and the iPad. Apple bought some $8 billion worth of parts from Samsung last year, analysts estimate.' In various earnings conference calls, Tim Cook has repeated that he hates litigation, but has still toed the party line by exclaiming that Apple welcomes innovators but doesn't like when other companies rip off their intellectual property."

40 of 197 comments (clear)

  1. Unable to control your company, or complicit. by Kenja · · Score: 4, Insightful

    Sorry, this excuse just doesn't fly with me. If the company he's supposed to be in charge of is doing things like suing competitors without his permission or knowledge, then he's a failure as a CEO.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:Unable to control your company, or complicit. by Anonymous Coward · · Score: 5, Insightful

      Exactly. Even if the lawsuit went ahead due to momentum, as leader in charge of the company, wouldn't you be willing to work to end the lawsuit through settlements and get back to business? Why would you continue to press ahead, or even allow it to continue?

      This is just a BS blurb for public relations.

    2. Re:Unable to control your company, or complicit. by niftydude · · Score: 2

      Yep. Judge people by their actions not their words.

      To quote Stephen Donaldson: "It's easy to say things like that. If you have the voice for it, it's easy to say them with conviction."

      --
      You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
    3. Re:Unable to control your company, or complicit. by JonathanF · · Score: 4, Informative

      These lawsuits were started before Cook was CEO -- the point is that he basically inherited lawsuits that Jobs started.

      And while it's tempting to follow up with "he should just drop all the lawsuits," it's not that easy -- aside from spooking the public and investors, an exit from legal action wouldn't guarantee that others would do the same. Samsung has at least made some grandstanding that it will never, ever settle. That could just be talk, but Samsung isn't exactly known for its humility or compassion toward competitors.

    4. Re:Unable to control your company, or complicit. by the_B0fh · · Score: 5, Insightful

      Do you people ever get out of the basement? In internal discussions, Steve Jobs said sue. Tim Cook said no. Steve Jobs overruled, and Apple sued.

      Why didn't Tim Cook want to sue? For fear of damaging supplier relationship with Samsung. Not because he thought Samsung didn't copy them.

      Keep that in mind. *THE LAWSUIT ALREADY HAPPENED.*

      Steve Jobs died. Tim Cook is now CEO.

      He has to decide - continue to sue, or kill the lawsuit. *THE LAWSUIT IS ALREADY ONGOING*.

      To kill the lawsuit means:
      1) Admit Apple was wrong.
      2) Gives more power to Samsung and others to copy Apple's look and feel.
      3) Supplier relationship with Samsung is still screwed
      4) Future negotiations with Samsung will be with a weaker hand.

      Which part of that equates to him not knowing Apple is suing Samsung?

      I cannot even comprehend how the hell you came by the idea that Tim Cook is not aware of any lawsuits (if nothing else, it's headlines all over the place).

    5. Re:Unable to control your company, or complicit. by RazorSharp · · Score: 5, Interesting

      Sorry, this excuse just doesn't fly with me. If the company he's supposed to be in charge of is doing things like suing competitors without his permission or knowledge, then he's a failure as a CEO.

      Jobs was still alive when the litigation started. . . if you had even read the first paragraph of the article you would know that (or if you had better reading comprehension skills, as your UID indicates you had a /. account when the lawsuit started and it was covered almost daily here for months).

      Cook may not have agreed with initiating the lawsuit, but once it was started it's likely he saw going through with it as the best strategic option. The damage had already been done, the best he could hope for was to win. Kind of like the Iraq war. It was a stupid idea, but once we toppled their government there was no turning back.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    6. Re:Unable to control your company, or complicit. by Anonymous Coward · · Score: 5, Insightful

      Samsung is well known for cross-licensing intellectual property, and it's pragmatic attitude towards litigation. Apple not so much. Apple is, has been, and always will be the problem.

    7. Re:Unable to control your company, or complicit. by gnasher719 · · Score: 5, Insightful

      Yep. Judge people by their actions not their words.

      Sometimes that happens. Sometimes it doesn't. As a result, Samsung is supposed to pay $1bn for violating Apple's patents, but a huge leak of hydrofluoric acid at Samsung's plant that killed one worker, injured four and according to police reports may have affected thousands, got them a one thousand dollar fine.

      http://www.theinquirer.net/inquirer/news/2244389/police-contradict-samsungs-acid-discharge-claims

    8. Re:Unable to control your company, or complicit. by F.Ultra · · Score: 3, Insightful

      He has no right to do with the company as he pleases, his job as a CEO is to run the company in the direction mandated by the board. And the board in turn is supposed to manage the company according to the will of the share holders.

    9. Re:Unable to control your company, or complicit. by PolygamousRanchKid+ · · Score: 4, Insightful

      And while it's tempting to follow up with "he should just drop all the lawsuits," it's not that easy -- aside from spooking the public and investors, an exit from legal action wouldn't guarantee that others would do the same.

      Oh, I don't personally believe that it is ever too late to end an armed conflict by peaceful measures. Cook could take the lead and arrange a closed doors settlement that would be acceptable to both parties. Apple could come out still with a "don't even think about messing with us" look. Samsung could partially maintain their innocence, although with an extremely contrite demur and admission they won't get into such a mess again.

      When the conflict gets to litigation, everyone except the lawyers lose.

      It doesn't take much courage to enter a conflict. It takes much character and leadership to end one peacefully.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    10. Re:Unable to control your company, or complicit. by Anonymous Coward · · Score: 3, Informative

      That story says the investigation is ongoing. The $1000 fine was for a delay in reporting.
      This is far from over.

    11. Re:Unable to control your company, or complicit. by AmiMoJo · · Score: 4, Insightful

      The usual solution is to agree an "out of court settlement" where neither party admits fault.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    12. Re:Unable to control your company, or complicit. by infinitelink · · Score: 3, Insightful

      When the conflict gets to litigation, everyone except the lawyers lose.

      In a rare moment of defending lawyers, I have known lawyers that seek to settle disputes outside of court. One a family law lawyer who I would speak to, and who said, "I focus on the other side's attorneys, because most drag-out these disputes to rake-in fees at their client's expense, but all that does is impoverish both sides, work more animosity, and harm any children involved."

      Another is an insurance lawyer I know, who always seeks to avoid court, because people just get boned there. Otherwise though...yes, lawyers tend to equal self-serving, cynical scum.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
  2. I'm not the bad guy here by Anonymous Coward · · Score: 2, Funny

    That's what they all say.

    1. Re:I'm not the bad guy here by gnasher719 · · Score: 5, Insightful

      Can I just say that repeating the nonsense of "patenting shit like rounded corners" marks you as either a troll or an imbecile.

      Apple didn't patent rounded corners. Apple has a _design patent_ for a design consisting of many items, one of them rounded corners. To infringe on this _design patent_, you have to copy the complete design, every single item listed in the design patent. You can have as many rounded corners as you like. As long as your design is in some way different from Apple's design patent.

      Here's for your enjoyment an example of Samsung patenting rounded corners:

      http://www.patentbolt.com/2012/12/samsung-wins-a-design-patent-for-one-of-their-galaxy-phones.html

    2. Re:I'm not the bad guy here by the_B0fh · · Score: 3, Insightful

      See, when people say silly things like "patenting shit like rounded corners", we know you never actually looked into what was patented, nor understood it, but instead, just like repeating talking points you were given.

      Luckily, in the court of law, people actually examine evidence.

    3. Re:I'm not the bad guy here by Coolhand2120 · · Score: 3, Insightful

      Isn't that one of the many Samsung phones Apple sought an injunction for claiming that it infringed on their iPhone design patent because among other ambiguous design concepts it had rounded corners and was therefor indistinguishable from an iPhone? (yes)

      No I didn't get that from the Android talking points, if such a thing exists, I closely followed the court cases on Groklaw as they happened.

      theRunicBard was correct, and you're just parsing words like an Apple lawyer.

    4. Re:I'm not the bad guy here by jbolden · · Score: 2

      That's a rather biased view.

      Lets just take this list of NeXT's GUI innovations: 3D "chiseled" widgets, large full-color icons, system-wide drag and drop of a wide range of objects beyond file icons, system-wide piped services, real-time scrolling and window dragging, properties dialog boxes ("inspectors"), window modification notices (such as the saved status of a file), etc. The system was among the first general-purpose user interfaces to handle publishing color standards, transparency, sophisticated sound and music processing, advanced graphics primitives, internationalization, and modern typography, in a consistent manner across all applications. I can do a similar thing for many of his innovation. No he is not just rounded corners. Jobs was often an asshole no question. Jobs was also a genius who helped to make people think they were part of changing the world, and many of the people who were abused by Jobs are the ones who say how important he was in moving them from doing pretty good work to doing outstanding work.

    5. Re:I'm not the bad guy here by jbolden · · Score: 2, Insightful

      Really. Show me a web browser prior to Safari that bounced on overscroll. That was one of the patents that Samsung lost on. So show me the 2006 browser.

    6. Re:I'm not the bad guy here by TrancePhreak · · Score: 3, Insightful

      You mean the one that got invalidated as a patent?
      http://www.macnewsworld.com/story/76470.html

      --

      -]Phreak Out[-
    7. Re:I'm not the bad guy here by Plumpaquatsch · · Score: 3, Informative

      You mean the one that got invalidated as a patent?

      http://www.macnewsworld.com/story/76470.html

      Well, not only is that decision not final - look at why it was "invalidated: because they counted a previous patent as prior art - a patent by Apple. IOW even if the "new" patent gets invalidated, the old one still remains valid.

      --
      Of course news about a fake are Fake News.
  3. Money where your mouth is by AmiMoJo · · Score: 5, Insightful

    "Apple welcomes innovators but doesn't like when other companies rip off their intellectual property"

    Okay, put your money where your mouth is. Remove the notification shade from iOS. You ripped it off wholesale from Android.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:Money where your mouth is by Anonymous Coward · · Score: 5, Funny

      "Apple welcomes innovators but doesn't like when other companies rip off their intellectual property"

      Okay, put your money where your mouth is. Remove the notification shade from iOS. You ripped it off wholesale from Android.

      No, no, you don't iUnderstand it. They innovated that from Android.

    2. Re:Money where your mouth is by AmiMoJo · · Score: 3, Interesting

      Modded troll already huh? I am making a serious point. In computing everyone copies everyone else. In the world nothing is created in isolation. Apple has been shameless (the actual word Jobs used) when copying other people in the past. It's a good thing, progress is faster, we get better products.

      Can't have it both ways.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:Money where your mouth is by jbolden · · Score: 4, Insightful

      The educated people here on slashdot know that smart phones were around for more than a decade before the first iPhone, but if you ask the average man-on-the-street you'll find they think the first smart phone was an iPhone.

      The 2007 rollout for the iPhone includes a rather lengthy comparison to other smartphones. So if this is true, it certainly isn't the result of Steve Jobs. Job's claimed that Apple invented the first multitouch smartphone using an animated interface. He never claimed to have invented the smartphone.

      there can be no greater irony than having the words "OS" in "OSX" when it's just a modified version of FreeBSD and unrelated to the previous versions of their OS line. If Apple had any intellectual honesty they would have called is MacBSD or something similar.

      FreeBSD started in 1993. The first version of NeXTStep shipped in 1988. I think both projects developed independently from Berkley. But if you want to assert copying at the core NeXTStep came first. As for the regents of California, boot an OSX machine in verbose mode.

  4. pfft by arbiter1 · · Score: 2

    Yet he is at the helm of the ship when mostly all the lawsuits from apple against Samsung started. He is just trying to save face in all the Bad PR apple has gotten over last couple years.

    1. Re:pfft by arbiter1 · · Score: 2

      "Tim Cook has repeated that he hates litigation, but has still toed the party line by exclaiming that Apple welcomes innovators but doesn't like when other companies rip off their intellectual property" ^ Yet apple has done everything to kill off innovation of others that compete with them and ripped off a lot more intellectual property then anyone even knows.

  5. Allow me to join in here by erroneus · · Score: 5, Insightful

    Just gonna repeat what everyone else is saying. This is ridiculous.

    Apple is getting a lot of negative press on their current legal activities. Their pattents are being eroded. Details of their cases are being foiled in courts around the globe. That billion-dollar judgement will not stand and it is simply unimaginable that the jury verdict will stand in light of the jury misconduct which definitely happened. The numerous cases brought and initially won using doctored/edited visuals for evidence is simply dirty.

    And the idea that the CEO didn't want to do this? Explain to me what a CEO does again?

    Apple is losing a lot more than cases and patent claims. They are losing their customers. I know, people will cite last years figures and reports to claim they are a reflection of today's and tomorrow's popularity figures. I just don't see it. Everywhere I look, the use of iPhone is decreasing. That's not to say people using Android are excited fans or anything. They're not. The excitement over touchscreen smartphones and fart-apps is over. Now it's about practical matters which matter to people; Cost, Apps, Usability, Restrictions and other considerations.

    Brand recognition is important to consumers for some reason. Apple's brand is being diminished. It is having an affect.

    1. Re:Allow me to join in here by the_B0fh · · Score: 3, Insightful

      Oct 2011 - Dec 2011, sold 37 mil iphones.
      Oct 2012 - Dec 2012, sold 48 mil iphones.

      Help me understand how is that "losing their customers"?

      Wait wait, are you one of those, "sure, we lose money on each sale, but we'll make it up on volume" kinda guy?

    2. Re:Allow me to join in here by Coolhand2120 · · Score: 5, Informative

      I think he means, losing market share. And they're bleeding market share like a stuck pig.

    3. Re:Allow me to join in here by Coolhand2120 · · Score: 2

      No, Android is gaining market share faster than iOS

      Yeah, that's another way of saying that Apple is losing market share. Those are customers that could have been Apple customers but for whatever reason they chose Android.

      I don't like OS monoculture, but when the goal of one of the players is to make an OS monoculture I would like to see them fail or at the very least become marginalized out of significance.

    4. Re:Allow me to join in here by swillden · · Score: 2

      We are heading into a Mobile OS monoculture dominated by Google/Android to thundering applause from half the people on this forum.

      That's far better than a mobile OS monoculture dominated by the likes of Apple or Microsoft. Not because of anything about Google, but because Android is open. Should Google become too controlling, others can simply fork the OS, like Amazon has done.. For that matter the Ubuntu phone OS is arguably a fork of Android, since it's using the Android kernel.

      I argue that the world would be much better off if some flavor of Linux were the dominant desktop/laptop OS as well. An open monoculture is easy to diversify. A closed monoculture, not so much. Indeed, the biggest common complaint about the Android ecosystem is fragmentation -- i.e. that it's already not a very homogeneous monoculture.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:Allow me to join in here by mabhatter654 · · Score: 2

      So complain about Google giving away Android. THAT is creating monoculture of old, buggy, unpatched devices. The Android story mirrors the rise of MS Windows far more than iPhone does.

      There is plenty of room for Apple at 25%-35% of the market. That's probably the way for them to remain at their high profit point as well. That is still a STAGGERINGLY HUGE amount of sales.

      If you want to complain about monoculture, complain about the piss poor offerings from Microsoft/Nokia and RIM/Blackberry... One of them has to balls-up and compete BETWEEN between and Android... And they aren't.

    6. Re:Allow me to join in here by Plumpaquatsch · · Score: 2

      We are heading into a Mobile OS monoculture dominated by Google/Android to thundering applause from half the people on this forum.

      That's far better than a mobile OS monoculture dominated by the likes of Apple or Microsoft.

      Nice try, but Android is a Samsung monoculture.

      --
      Of course news about a fake are Fake News.
    7. Re:Allow me to join in here by Plumpaquatsch · · Score: 2

      Funny, my phone was made by Motorola.

      Yeah, that really is funny. Thanks for the laugh.

      --
      Of course news about a fake are Fake News.
  6. he always wanted... by hguorbray · · Score: 2

    to be a Lumberjack!

    In the Forests of British Columbia, Leaping from tree to tree amongst the Larch, the Pine and the mighty Sequoia!

    -I'm just sayin'

  7. Would you like me to explain :) by tuppe666 · · Score: 4, Informative

    Oct 2011 - Dec 2011, sold 37 mil iphones.
    Oct 2012 - Dec 2012, sold 48 mil iphones.

    http://www.businesswire.com/news/home/20130214005415/en/Android-iOS-Combinid

    Compared to Androids

    Oct 2011 - Dec 2011, sold 85 mil smartphones.
    Oct 2012 - Dec 2012, sold 160 mil smartphones.

    Thats ignoring Apple are now selling more lower marking 4* Phones Apples market share.

    From the statement "iOS posted yet another quarter and year of double-digit growth with strong demand for the iPhone. But what also stands out is how iOS's year-over-year growth has slowed compared to the overall market." your right its better than losing all there customers...not good though.

  8. Re:So basically what you are saying is... by jbolden · · Score: 3, Insightful

    How were they in the same position SCO was in? SCO was suing IBM for copyright infringement, and then later breach of contract for stuff that IBM had nothing to do with and where there was possible infringement they themselves (i.e. Caldera) was mostly responsible. SCO got rid of their entire technology team and made themselves a copyright troll.

    Apple was suing Samsung for Samsung products that Apple played no part in. Apple continues to be a major technology provider and innovator.

    One can agree or disagree with Apple's infringement claims, but the analogy with SCO is unfounded.

  9. No No No. by tuppe666 · · Score: 2

    http://www.idc.com/getdoc.jsp?containerId=prUS23946013#.UR7MG5G3PGg

    You figures are not even close to being right. The link is the same as the other one I provided only its direct from IDC, but it includes a nice graph showing the various OS and how big their market share. Apple is a little confusing as its market share is feast/fast as their product launches have a huge effect on their sales. Next quarter Apple are not going to sell anything close to 48Million Phones, and their market share in that quarter will dive. Averaging out the peaks and troughs. Its not gaining market share because it is growing *the same* as the market.

    The figures your looking for is the market grew 46% in 2012. Apples market share was 18.8% in 2011...and is still 18.8% in 2012 because it sold only 46% more phones...the same as what the market grew.

    Its easier to see what is happing when averaging over a year. The reality is the big launch was the turning point, and everyone knew it. Its why its market share have dropped 35% since then. :)

  10. fuckin' cynical politicians by Thud457 · · Score: 2

    "Come on Charlie Brown, kick the football, I'll hold it this time..."

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff