"Why Apple Is ‘Losing’ the Samsung Lawsuit So Far"

ajvizzgamer101

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http://www.cultofmac.com/182797/why-apple-is-losing-the-samsung-lawsuit-so-far/

Here is an article by Mike Elgan from Cult of Mac... he shares several reason why Apple is "losing," but I still don't see how Apple is "losing." Each listed item I knew already, so nothing was surprising or made Apple seem less desirable. Do any of them surprise you and do they make you think twice about buy Apple products?
 

nuckinfutz

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Elgan doesn't link these reasons to why Apple is losing.


In the end these reasons don't negate the allegations that Samsung may have copied Apple designs.
 

ajvizzgamer101

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Elgan doesn't link these reasons to why Apple is losing.


In the end these reasons don't negate the allegations that Samsung may have copied Apple designs.
What I think he is going for is that Apple is about secrets, and all this trial has done for Apple THUS FAR has revealed most of Apple's secrets and because of that Apple isn't special anymore.
 

nuckinfutz

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I think Apple win's regardless '


The Samsung case isn't just about patent infringement. It's about a public display of fire from Apple.

Samsung's feeling the heat and this serves notice to others that Apple designs are not for copying without consequences.

There was a time not too long ago that Apple couldn't afford to protect their IP like this.
 

smoledman

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I think Apple win's regardless '


The Samsung case isn't just about patent infringement. It's about a public display of fire from Apple.

Samsung's feeling the heat and this serves notice to others that Apple designs are not for copying without consequences.

There was a time not too long ago that Apple couldn't afford to protect their IP like this.
That argument just doesn't jive with Apple's market dominance and $117 billion cash. They simply look like a monopolist bully.
 

nuckinfutz

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That argument just doesn't jive with Apple's market dominance and $117 billion cash. They simply look like a monopolist bully.
Perhaps to the uninformed. If you have patents you must defend them or risk losing them. Monopolies aren't illegal, the abuse of them are.
 

smoledman

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Perhaps to the uninformed. If you have patents you must defend them or risk losing them. Monopolies aren't illegal, the abuse of them are.
Apple is a defacto monopoly and they must be found guilty of, convicted and punished.
 

Brad9893

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Apple is a defacto monopoly and they must be found guilty of, convicted and punished.
In what ways? They aren't unopposed or unchallenged in any of the fields they compete in. In the PC segment Apple has like 8% of the worldwide marketshare and in the mobile market they are going head to head with Android.
 

ixodes

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Jan 11, 2012
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I think Apple win's regardless '


The Samsung case isn't just about patent infringement. It's about a public display of fire from Apple.

Samsung's feeling the heat and this serves notice to others that Apple designs are not for copying without consequences.

There was a time not too long ago that Apple couldn't afford to protect their IP like this.
Excellent post !

I agree, details aside I expect Apple will win this contest they've started.

It would be nice if after this is over, Apple would return to being the classy company it once was. I've been a very long time supporter, and never been as unhappy with them as in the present.

They had other options than to publicly spew the wild accusations (even if true) they did. Yet with Steve Jobs at the helm, his uncontrollable rage was "out there" for all to see.

I happily used my Macs for _years_ without hearing the criticism of Apple from non-enthusiast friends & associates. Most "innocent bystanders" understand defending a companies products. It happens in every industry. But rarely do companies as large as Apple, have their CEO's come unglued in public.

I would enjoy nothing more than to see Apple settle down & operate by example as the premier company they once were & still could be. Im not alone in my disapproval with their current ways.

They're so busy grabbing headlines & flaunting their financial success, they fail to realize they're being watched by powerful people with massive wealth. Not all of whom agree with, nor are they happy with Apples methods.

But hey! Apple does as Apple wants.
 

decafjava

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Feb 7, 2011
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Excellent post !

I agree, details aside I expect Apple will win this contest they've started.

It would be nice if after this is over, Apple would return to being the classy company it once was. I've been a very long time supporter, and never been as unhappy with them as in the present.

They had other options than to publicly spew the wild accusations (even if true) they did. Yet with Steve Jobs at the helm, his uncontrollable rage was "out there" for all to see.

I happily used my Macs for _years_ without hearing the criticism of Apple from non-enthusiast friends & associates. Most "innocent bystanders" understand defending a companies products. It happens in every industry. But rarely do companies as large as Apple, have their CEO's come unglued in public.

I would enjoy nothing more than to see Apple settle down & operate by example as the premier company they once were & still could be. Im not alone in my disapproval with their current ways.

They're so busy grabbing headlines & flaunting their financial success, they fail to realize they're being watched by powerful people with massive wealth. Not all of whom agree with, nor are they happy with Apples methods.

But hey! Apple does as Apple wants.
Surprise I agree with you here. :D
 

Menel

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Aug 4, 2011
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Apple is a defacto monopoly and they must be found guilty of, convicted and punished.
Apple has a mere 8% of PC market.
A mere 30% of smartphone market.

I don't think you know what the words you use mean. Maybe English isn't your first language...?
 

Rodimus Prime

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Oct 9, 2006
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I think Apple win's regardless '


The Samsung case isn't just about patent infringement. It's about a public display of fire from Apple.

Samsung's feeling the heat and this serves notice to others that Apple designs are not for copying without consequences.

There was a time not too long ago that Apple couldn't afford to protect their IP like this.
Problem is their IP is crapents. Things that it should never of been awarded. I hope the end result is all the patents being invalidated and then slapping Apple with having to pay samsung court cost to send a message to everyone that using crapents for law suits is unacceptable. Followed by a massive reform in our patent system.
 

smoledman

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Problem is their IP is crapents. Things that it should never of been awarded. I hope the end result is all the patents being invalidated and then slapping Apple with having to pay samsung court cost to send a message to everyone that using crapents for law suits is unacceptable. Followed by a massive reform in our patent system.
So what about Microsoft's crapents that they extort $1 billion per quarter from Android OEMs? Microsoft won't even reveal a single one of those crapents, Apple is required to show everything. I don't get this.
 

G51989

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So what about Microsoft's crapents that they extort $1 billion per quarter from Android OEMs? Microsoft won't even reveal a single one of those crapents, Apple is required to show everything. I don't get this.
Oh, so when Apple has a **** ton of junk patents, its OK?

But god forbrid Microsoft has a patent, or Samsung wants paid for their 3G tech, then its OMFG EVBIL
 

smoledman

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Oh, so when Apple has a **** ton of junk patents, its OK?

But god forbrid Microsoft has a patent, or Samsung wants paid for their 3G tech, then its OMFG EVBIL
Why won't Microsoft reveal what those patents are? They are obviously hiding something. Probably crap patents.
 

Rodimus Prime

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Oct 9, 2006
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So what about Microsoft's crapents that they extort $1 billion per quarter from Android OEMs? Microsoft won't even reveal a single one of those crapents, Apple is required to show everything. I don't get this.
It is not ok. But Apple is by far the worse. Software patents are crap and should not be granted. Software is already protected multiple ways it does not need patents as well. Even more so when it they are so wide and broad that it cover everything.

MS should be as well but MS is not willing to take their to court to risk them. Apple losing big time would send a clear message to MS as well.
 

smoledman

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It is not ok. But Apple is by far the worse. Software patents are crap and should not be granted. Software is already protected multiple ways it does not need patents as well. Even more so when it they are so wide and broad that it cover everything.

MS should be as well but MS is not willing to take their to court to risk them. Apple losing big time would send a clear message to MS as well.
You obviously don't know what you're talking about. Software patents cover method & UI. Apple has hundreds of such patents that Samsung is in violation of. Why do you think Samsung was forced to remove universal search from their phones?
 

G51989

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Why won't Microsoft reveal what those patents are? They are obviously hiding something. Probably crap patents.
Because its Microsofts right to not reveal them, then again. I'd be willing to bet money that Microsoft has not tried to Patent the glass rectangle ;)

Makes me wonder, Apple is a company that HATES to change with how the market changes, they do their own thing.

What happens if the Surface becomes super popular? ( it could happen, great looking machine ), eats into apples marketshare, and they cant sue Microsoft? ( they'll get blown out of the water in court. Apple has every reason to fear microsoft, Microsoft is the company that quite litterally almost wiped them off the face of the earth ).

Can they sue? Or will they just start offering choice?
 
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Rodimus Prime

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You obviously don't know what you're talking about. Software patents cover method & UI. Apple has hundreds of such patents that Samsung is in violation of. Why do you think Samsung was forced to remove universal search from their phones?
universal search patent is an example of a CRAPENT. They were forced to removed it only in the US everywhere else that patent was not granted because it was pretty clear solution. You never search just one location for a file. Hell it would mean google search is illegal because that searches god knows how many data bases on a basic web search.

Software patents should not be valid end of story. They harm innovation.
Software is already protected by copy right. UI is protected by both copy right and trade dress. THEY DO NOT NEED PATENTS.
The fact that they have to go to patents for the so called protection means that they are crapents in this market.
 

Tilpots

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Software patents should not be valid end of story. They harm innovation.
Software is already protected by copy right. UI is protected by both copy right and trade dress. THEY DO NOT NEED PATENTS.
The fact that they have to go to patents for the so called protection means that they are crapents in this market.
Well... Unfortunately for you, many countries disagree with you. Every major technological corporation disagrees with you, too. Hence the court battles.

Patents also do not harm innovation, either. They spur it. Innovation derives from a need to be or do differently. Copying harms innovation.
 
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KnightWRX

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If you have patents you must defend them or risk losing them.
That is false.

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Because its Microsofts right to not reveal them, then again. I'd be willing to bet money that Microsoft has not tried to Patent the glass rectangle ;)
Barnes and Noble opened that box last year. Thanks to them, we now know what patents Microsoft is leveraging against OEMs. One is a crap patent on vfat long file name (yes, that POS), because of Android's support for VFAT formatted SD cards. The Linux kernel has a workaround for the patent, but I guess Android needs read/write support (or no one has called Microsoft on the patent yet, since it's cheaper to license than to fight) :

http://lwn.net/Articles/321475/
 

nuckinfutz

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That is false.

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Barnes and Noble opened that box last year. Thanks to them, we now know what patents Microsoft is leveraging against OEMs. One is a crap patent on vfat long file name (yes, that POS), because of Android's support for VFAT formatted SD cards. The Linux kernel has a workaround for the patent, but I guess Android needs read/write support (or no one has called Microsoft on the patent yet, since it's cheaper to license than to fight) :

http://lwn.net/Articles/321475/
Yes. Mea culpa. It's Trademarks that must be defended.