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. icon
    Wally (profile), 2 Jul 2012 @ 7:45pm

    Re: Everyone Screams Again

    You just reminded me of one thing. Apple, in my opinion, has always had a more superior, more stable OS.

    The one thing I would like to point out is that it takes a long time to find your settings on an Android based phone. You have to dig for it before you can change things. The first thing you see in iOS device, after you swipe the lockup screen is "Settings". In fact, Apple goes through a setup to figure out what best suits the individual using their new device. It sets your settings based on your answers and allows you to easily change your settings in the future.

    When you ask someone to troubleshoot an Android phone, you are typically what make and model your phone is. This is because Google has to program Android to many different device components.

    Ask a person about troubleshooting an iOS device, the problem is usually some minor glitch with iOS itself...or the carrier of your service. Problems are quicker to fix on iOS devices because you can save a backup image of the previous working version on your computer.

    The reason why Apple sells so many products involving iOS is because of the ease of use in their GUI. They aren't selling desktops or laptops as much as Dell or HP.

    Also, anything that has been held as the iPad killer, or the iPhone killer has failed miserably.

    So really after handling both iOS and Android, iOS has the edge. Apple's tendacy to uniformity allows you to not worry if certain apps will run on a device. With Android you have to worry about the performance of the phone.

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