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Obama Administration Refuses To Overturn Import Ban On Samsung Products
Chris453 writes "In August 2013, President Obama issued a veto to an import ban of the iPhone 4S after Samsung won several court battles against Apple claiming that the iPhone 4S violated several of Samsung's patents. A few months ago, Samsung was on the receiving end of a very similar case filed by Apple. The International Trade Commission decided that several of Samsung's phones (Transform, Acclaim, Indulge, and Intercept models) violated Apple's patents, and should face import bans. Despite the similarities between the two cases, the Obama administration today announced that it would not veto the International Trade Commission import ban against Samsung products. The move that could spark a trade dispute between the U.S. and South Korea."
I read the summary and now know all of the details of the two cases and will now give you my strong, educated opinion of the matter.
You could spy on every citizen in your country. That's pretty blatant.
It is precise that, Samsung ISN'T an american company, and therefore doesn't get the veto. It was very clear when Apple got the veto that something fishy was going on, normally Obamah wouldn't have anything to do with it..
> Samsung's patents were standards essential patents which they promised to license under FRAND terms. >
> Apple's patents are not standards essential as proven by the fact that Samsung has designed around them in their newer products.
The end result of this is predictable.
Samsung's patents are FRAND because they are over actual technology, you know, stuff like radios, modulation techniques, and other things actually developed in a lab.
Apples patents are for things like bouncy scrolling, and slide to unlock.
If the holder of FRAND patents cannot negotiate with an infringer for a fair price, and the infringer can also sue over its own patents and demand outrageous royalties per device, then the end result is clear.
No more FRAND patents. No company making actual technology has any economic interest in putting its patents under FRAND terms. Decades of cooperation on technology standards come to an end.
I'll see your senator, and I'll raise you two judges.
Is Samsung an American company all of a sudden?
Is Apple an American company? At least one Apple exec told US workers to stuff it, as Apple doesn't owe them anything. Apple makes almost everything overseas. Meanwhile, Samsung has US operations (for example http://www.androidcentral.com/samsung-expand-us-operations-two-new-california-facilities ). Stop thinking of Apple as American just because their headquarters are here.
Samsung just needed to make small adjustments and has updated their models to provide models that don't violate the patents, the ban is on slightly older models that did violate the patents. Apple's ban was much wider and didn't have any small workaround and would have destroyed their market.
But that doesn't make sense. Samsung commits relatively minor patent infringements, and the import ban stands. Apple commits major patent infringements that result in a much more severe ban and the ban is vetoed.
It is precise that, Samsung ISN'T an american company, and therefore doesn't get the veto.
It was very clear when Apple got the veto that something fishy was going on, normally Obamah wouldn't have anything to do with it..
Samsung America has more employees in the USA than Apple does. However, as long as people think of Samsung as a Korean company...
> The only thing Apple makes in the US are profits and vacation plans.
Uh, um . . . patents on bouncy scrolling and slide to unlock.
I'll see your senator, and I'll raise you two judges.
http://www.zerohedge.com/news/2013-08-05/apple-vs-samsung-lobby-spending-or-spot-reason-obamas-unprecedented-veto
as long as people think of Samsung as a Korean company...
And Apple as an American company.
Apple will be quick to inform you that all profits are made by their Irish subsidiary and are not subject to US corporate taxes.
And because the owners/controllers are American they aren't subject to Irish taxes either.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Apple will be quick to inform you that all profits are made by their Irish subsidiary and are not subject to US corporate taxes.
So why do they pay so much in US taxes?
Umm... they don't. According to their 2012 10-K Annual report Apple paid $12.2B in Federal taxes, this was most at a 35% rate applied to securities that their foreign-based subsidiaries (e.g. ireland-based) owned in the US since these values are not considered revenue. These were cashflows that occurred in the US and could not be avoided. Apple also paid $1.2B in foreign taxes at a lower rate (which lowers their effective US tax rate) and avoided $6B in US taxes all together by keeping funds in foreign subsidiaries. So if it were not for their subsidiary, they would be on the line for almost 50% more in taxes than what they are actually paying into the system.
Must be nice when $12.2B is not considered "much".