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Obama Administration Overrules iPhone Trade Ban

Back in June, the U.S. International Trade Commission issued an import ban on the iPhone 4 and iPad 2 3G due to patent violations. Now, the White House has exercised its privilege to overrule the ban. In his letter to the ITC (PDF), Ambassador Michael Froman said 'he was not making a decision about the merits of Samsung's case, or its right to seek compensation. Rather, he emphasized that because the patent in question was now a widely held technology standard, banning the products in question would be too disruptive to consumers and the economy.' This is the first time an ITC decision has been overruled since 1987.

19 of 397 comments (clear)

  1. Strangely... by kervin · · Score: 3, Insightful

    The same was not done for Samsung when their products were banned over flimsier design patents

    1. Re:Strangely... by Rantank · · Score: 5, Insightful

      Seems to me the Prez just gave permission for good wholesome American companies to take on anyone they like, and if they lose in any way, shape or form, he'll make sure there's no real harm done. I wonder how long before foreign companies start ring-fencing America as just too expensive and corrupt to operate in.

    2. Re:Strangely... by MachineShedFred · · Score: 3, Insightful

      Strangely, design patents are not standard-essential, so the two incidents are not directly comparable.

      Nice try though.

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    3. Re:Strangely... by Jeremy+Erwin · · Score: 4, Insightful

      Of course, if Apple made its products in California, it wouldn't have to import them from its Chinese suppliers.

    4. Re:Strangely... by CrimsonAvenger · · Score: 3, Insightful

      And who cares about some foreign companies thinking the US is too expensive to operate in. The sooner they leave the sooner the jobs farmed out come back to the US.

      Senator Smoot? Representative Hawley? Is that you?

      Note that the last time we tried this particular technique to bring jobs back to the US, we got what is colloquially known as the "Great Depression".

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    5. Re:Strangely... by Tough+Love · · Score: 5, Insightful

      It's the President's job to put US interests above all others.

      But not above the rule of law.

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  2. By rights, overturning should be temporary by elwinc · · Score: 4, Insightful

    It would be very wrong of the White House to give one US corporation carte-blanche to ignore a patent. Although the ITC ban may be too strong a response, there's still the fact that Apple has been ignoring a patent for years. They shouldn't be free to continue indefinitely.

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  3. Curiouser and curiouser by OpenSourced · · Score: 4, Insightful

    Rather, he emphasized that because the patent in question was now a widely held technology standard, banning the products in question would be too disruptive to consumers and the economy

    That argument could be used to sooooo many other patent litigations, and somehow never is, except when the affected part is a big American company.

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    1. Re:Curiouser and curiouser by a_n_d_e_r_s · · Score: 2, Insightful

      And only recently have big corporations started to use standards-essential patents and refused to pay the license fee.

      It used to be that big corporation only stole small company patents. Now they steal big corporations patents too - when those big corporations gets angry and wants to get payed for their patents - the abusers run to the government and hide behind their tailcoat

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  4. Sure by Anonymous Coward · · Score: 3, Insightful

    Money buys a lot.

    Double standards if nothing else.

    1. Re:Sure by Kartu · · Score: 3, Insightful

      Except you can't consider monster multi-nationals to belong to any country, once you realize where do they pay their taxes...

  5. Re:You know by skovnymfe · · Score: 2, Insightful

    At least they're not keeping the buyoffs a secret anymore. With all their promises of transparency and all, this is a lovely sign.

  6. Re:You know by Anonymous Coward · · Score: 5, Insightful

    It also probably doesn't hurt that Apple is a US based corporation, while Samsung is Korean. I'd bet if this was a Samsung vs Asus or Sony dispute, the Obama administration would not have stepped in.

  7. Re:Suddenly by 0123456 · · Score: 2, Insightful

    Because it's Apple who won this move, patents are important to the Slashdot crowd. Funny that.

    Most of us would be happy if patents were to go away.

    What we object to is the US President telling US courts that he's going to ignore the law for Apple, but not for everyone else. Either the law applies to everyone, or it should be repealed, not just ignored by executive fiat.

  8. Re:You know by dmbasso · · Score: 5, Insightful

    Now when a 3rd-world country decides to ignore pharmaceutical patents to save its people from dying, that is crossing the line! Retaliation through economic restrictions must apply!

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  9. Re:You know by Dunbal · · Score: 5, Insightful

    US based corporation? You mean the one publicly traded on the stock exchange, with manufacturing facilities in China? The one that ships iPhones and iPads directly from China? Or is it because they have an office in Cupertino that you consider them US based?

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  10. Re:You know by sycodon · · Score: 2, Insightful

    People will rue the day that they allowed the Executive Branch to so widely ignore laws on immigration, health care, spending and now finding of a duly authorized organization.

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  11. Re:You missed one by AmiMoJo · · Score: 2, Insightful

    The one that doesn't pay any corporation tax or tax on its vast cash stockpiles? I think you will find that for Apple Inc. is not a US company, at least as far as taxation goes.

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  12. Re:You know by ultranova · · Score: 2, Insightful

    No amount of discussion on the topic is going to sway me to believe otherwise.

    Now extend this attitude to every side of every issue and you'll understand why politics is so dysfunctional.

    Also, it is a sad testament to our culture that you can publicly confess that you'll stick to your initital prejudice no matter what facts or logic you might encounter, and apparently see that as a source of pride rather than a serious cognitive flaw.

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    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.