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
    Anonymous Coward With A Unique Writing Style, 3 Jul 2012 @ 3:49pm

    Re: Re: Re: Re: Everyone Screams Again

    "You say you regularly root your Droid. Youre a good little robot. Yeah see, you root them right away. You've only used one interface with your phone. My mom's droid is a 4G HTC phone. The carrier is Sprint. And I only stated WHY I prefer using iOS."

    Wait, I'm a good little robot because I like rooting my devices? What?! Lol. I've used a plethora of interfaces on all my phones. From stock Android to HTC Sense to Samsung Touchwiz. Oh, and that's leaving out the fact that my first smartphone was the OG iPhone. Also, I don't root any right away. I try them out as is, however I usually buy stock Android devices out of preference. If I get a non-stock Android device (something running HTC Sense or Samsung Touchwiz or whatnot), I try it out, if I don't like it (and more often than not they don't add functionality with their manufacturer skins) I then root it and flash a pure AOSP (that means plain ol' vanilla Android) ROM. (Where you got that I root right away though I haven't the foggiest. Yet later you accuse me of putting words in your mouth? Tsk tsk.)

    "A lot of the Android sales figures are a skewed because the sales are based on all Android capable devices, not on individual models. Your entire TL/DNR statement is invalid because of the fact that you assume I haven't used a descent droid phone. I was impressed with the displays my carrier had on display. Maybe becauseas you are an Android robot, you lack the capability to sufficiently analyze your own preferences. Android OS was designed by tech nerds with PHD's and no understanding of how the average, non tech savvy person thinks. "

    Really? You went with that. So Apple has NEVER lumped all iOS devices together to pitch iOS usage trumps all? Come on now, you started off not sounding as a fanboy, but you're falling back on all the usual fanboy comments and remarks. And, I never said anything about Android overall sales. What I said was a handful of devices were doing well competitively, which is why they seem to be being targeted by Apple. That they're made by Samsung is a bit of a bonus/ridiculous (given that Samsung makes Apple's parts for them).

    Nor did I say you never used a decent phone. What I said was it appears you used an older model with a previous iteration of Android on it and are basing all your judgements upon that. Just because your mom's phone was an "HTC 4G droid" (fyi, Droid is a Motorola exclusive, if you mean ANDROID device you need to be a bit more specific than "Droid") DOES NOT mean it was a good device. If anything, based on my knowledge and hands on experience with HTC phones, you basically one way or another used a sub-par device. HTC devices all come non-stock/Sense-skinned. HTC is also known for ruining the overall Android experience by adding a ton of bloatware (although the carrier, Sprint, which is my carrier as well, is also to blame by adding even more bloatware).

    "Sure, Apple's mobile sales are being beaten, but that's because all Android devices are counted."

    Again, I didn't say anything about Apple being beaten all around, just that a handful of products seem to be doing quite well. However, the smartphone market share Android has (which is not the same as overall Android usage, which counts ALL products, be they tablets, smart tvs, etc) is growing at a rapid pace. At the moment, said pace/market share has surpassed Apple. And again, you try to keep pinning things on Google that Apple does itself. Namely, combining all products to say, "We have more than you do." Apple is far guiltier of that than Google.

    "Now, before you go to your mindless robot anti-apple rant, read the statement below since you love quoting me and putting words into my mouth, here you go, my opinion. Now get those prints can eyes working little robot, and actually read."

    Well, I'm not anti-Apple. Nor have I stated that I was or implied it (at least I don't think I did). I have a Macbook and an iPod Classic. In addition to that I have a Dell desktop, a Toshiba laptop, and Compaq laptop. I had an iPhone (sold it years ago, jailbroken because I wanted to do what I wanted with my device, not just what Apple allowed me to do). I have an HTC Hero and Samsung Nexus S 4G. I use all devices.

    You're right, as far as preference goes, to each their own. I did not however put words in your mouth, I pointed out that a lot of what you were saying was misinformed or outright wrong. And I didn't go anti-Apple rant at all. However,if you'd like me to get some more factually based information kind of painting Apple in a rather bad light, I can do so. I can do the same for Google, but Apple at the moment tends to look worse than Google.

    Really though, I quoted you and then I responded to what YOU said. I didn't put words in your mouth. I merely corrected the claims you were making. If that is interpreted as "putting words in your mouth" then you need to actually learn what that is. For instance, taking my correcting you and spinning that into "anti-Apple rant"... that would be putting words in my mouth. Also, I didn't call you an Apple fanboy, and I honestly didn't think you were one (til this last comment where you basically sounded like a die hard one... I practically saw you in my mind foaming at the mouth). So there was no need for that last bit. I saw it, I felt there was nothing wrong with it. Thus I saw no need to quote it, because there was nothing in it that needed correcting. Although I could've quoted that preference bit and been like, "Word!" or "Hear hear! To each their own!" Now that I've said that, wanna chill out? Or want a picture of my products all together, so you can retract your anti-Apple rant statement about me? Because I can do that if you'd like. Apple fanboy. :P

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