The two companies account for over 50% of Smartphones sold
worldwide. The two companies are facing off in a California
courtroom today in a technology patent trial.
Apple wants to ban US sales of the Samsung Galaxy series
Smartphones and tablets, citing their similarity to Apple's
i-products (iPhone & iPad). But do they really have
a case?
Samsung was already given the blessing to sell its products in
the UK in a similar case earlier this month. Sure US laws are
different, but can Apple really dictate how we as consumers
generally interact with a device?
My point is that Apple is trying to gain control of their idea
of a device in a sense; but if other manufacturers can change the
innards and make slight modifications to the bells and whistles,
Apple may not have a leg to stand on. As long as others
just make slight changes, can Apple really hold a patent on the way
we interact with a device completely? I don't think so… You
can't patent innovation
Did the inventor of the wooden wheel get royalties when the
rubber tire was invented? No..
If you think about it another way, it might help.
The Car
George B. Selden was granted a U.S. patent for an automobile in
1895. His patent spawned decades of ingenuity and improvement
on his contraption. He even battled 4 major car companies in
the early 20th century for patent infringement; initially winning a
case with Ford, but eventually lost that battle in an appeal as
Ford said that their car engines were based on a different model
unrelated to Selden.
Selden spent a large amount of money fighting those cases and
all the while, cars continued to evolve and other automakers
created bigger and better things for people to drive and Selden did
not get a royalty for every car made even during the patent's
validity.
The reality is that Apple did change the way we interact with
our devices in many ways; the way we "pinch" our fingers to zoom in
and out, the way we download applications through an "app store"
and so much more. But to say that Samsung is the only one
copying them would be a lie and the most interesting part is that
most Samsung Smartphones run Google's Android Operating system,
which makes me wonder why Google isn't being pulled into
this.
Samsung, like many phone makers, overlay their own proprietary
"skin" over the Android system that modifies functionality and
makes the phone more personal to the maker, not to mention
potentially more attractive to the consumer.
Tablets & Smartphones
When I pick up a Samsung device, it doesn't operate like an
Apple product at all; even the clicking action feels and responds
differently.
Sure there is some functionality that I can attribute to Apple,
but those are used by every Smartphone maker anyway and they are
not even the issues in question. Apple has also taken
cues from others in their products.
Just about all Smartphones have similar characteristics, but
because they all use different chipsets, modified and customized
software and look just a little bit different from each other;
common sense tells me that Apple is most likely going to lose this
battle.
Apple may have even stolen the iPhone form factor from Sony, so
I think they need to just get over it. That's what happens
when you have too much cash on your hands I guess.
The reality is that both names are the top brands in the
Smartphone space with Google right next to them. In my mind
this case costs both companies some money, but I don't think Apple
will see any major gains from it unless the courts stop everyone
from making devices that look at all like iPads and touch screen
Smartphones like the iPhone.
The general Smartphone and tablet form factor is not
patentable, period.
I say just buy Apple and Google and call it a day. Samsung
has such a wide array of products that it's hard to make the pure
Smartphone play, plus it does not trade in the US, so I would
just stay away.
What say all of you?
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