Dear Judge Koh: Competition Is No Reason To Ban A Phone

from the that's-ridiculous dept

We already had mentioned that Apple had succeeded in getting a rare pre-trial injunction against Samsung's tablets, but now it's also succeeded in blocking the Galaxy Nexus phone as well, though the judge's reasoning is a bit bizarre:
"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," Judge Koh said in Friday's ruling.
First of all, this seems to be yet another admission by Apple that it just can't compete in the marketplace against Samsung. Such a ruling seems to scream out to potential buyers: hey, check out the devices that even Apple admits you'd want over its own. But, more importantly, "losing substantial market share" is what competition is all about. If someone comes out with a better product, then the other company should lose substantial market share. That doesn't deserve an injunction. That harms the market, who clearly -- even by Apple's own admission, apparently -- wants the other product more.

The fact that two phones will compete is no reason to ban a phone. Let them compete. Let the market decide.

Even more bizarre is why an injunction should be issued at all. Following the MercExchange decision, courts are only supposed to issue injunctions in exceptional cases. If it's an issue that can be dealt with by requiring a royalty, then there's no reason to issue an injunction.

Samsung, of course, is appealing this and asking that the injunction be put on hold until that appeal is heard. In the meantime, some are pointing out that, for all of Apple's insistence that Samsung copied the designs of its phone and tablet from Apple, you could easily make the argument that Apple got some inspiration from Samsung as well:
And really, that's the point. Innovation and advancement involve all sorts of copying, but also improvements. It goes back and forth. Attacking one party for copying another misses the point, limits competition and harms consumers. It's too bad the US patent system and the courts now want to aid that process.

Filed Under: android, competition, injunction, iphone, lucy koh, patents
Companies: apple, samsung

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  1. identicon
    Sad Mac, 3 Jul 2012 @ 10:05am

    Rooting and Jailbreaking

    Rooting is a bit more in depth for the tech nerd (complimentary statement). But what most Android users don't realize, when they make the argument that it's easier to root and customize their phones, you have to program it. Don't get me wrong, I love tinkering with my mobile devices, but In some way, it feels as though (to me at least) that Google failed to realize how many people are not programmers in this world. So it's easy to say it is easier to root, ROM or Jailbreak the Android device, but only if you know a bit of programming skills. That's Android's greatest weakness and strength. You can do whatever the hell you want with it.

    I also love my iOS because of "Jailbreaking". Same thing as rooting or ROMming your Android, just easier for the average user.

    So between the two, both market nitches are filled because of software, not the hardware they use. You have all these annoying fanboys trying to vi for power and dominance in better devices. In reality Android is a Solid OS with some hardware compatibility issues at times. iOS has had uniformily better software/hardware combinations, but sometimes the app doesn't match the updated driver software.

    As far as kindle reading is concerned, I prefer Apple's hardware because the retina display system (yes 326dpi) on my 4th Gen iPod touch allows me to use a magnifying glass when reading text. The verticle screen width is just like a news paper column makes it easier for my bad tracking in my right eye to cope. At that resolution, 1 point font still has rounded edges.

    On the other hand, I love using my Android (it's that HTC model with the 3D screen) as a handheld emulator. It is just the right screen size as my old Gameboy (black and green dot matrix).

    In my opinion, I have the best of both worlds and it sort of pisses me's off that people think their device is superior to others just because they dont unserstand the needs of orhers. Your device doesn't tell someone you are better, it's what you need them for that counts. Maybe we need a bit of thought to what others really need rather than debate who's is better.

    As I said, iOS devices fulfill my handicap needs, my droid I use for fun. End of story.

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