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The Galaxy S (pictured) is outselling Apple's iPhone in Japan, but Apple hopes to change that by banning its competitor from the market.  (Source: Japan Now)

Those tricky devils! Somehow movie makers traveled back in time 37 years to infringe upon Apple's patented iPad design, which it fantasized in 2005, finally figuring out how to produce it commercially five years later.  (Source: Cinerama)
Samsung is outselling Apple, but Apple hopes lawyers will succeed in restricting market selection

Apple, Inc. (AAPL) has a very big problem.  It can't compete with the superior hardware and broader selection of devices running Google Inc.'s (GOOG) Android operating system.  But its large legal staff has devised a clever solution -- it will try to kill Android in court [1][2][3][4][5].

I. In the Court of the Rising Sun

Apple's quest to remove its competitor from the market has now taken it to the "Land of the Rising Sun", Japan.  In Japan, according to market research firm Strategy Analytics, top Android handset maker Samsung Electronics Comp., Ltd.'s (SEO 005930) Galaxy S smartphone has been outselling Apple's iPhone.  But Apple's lawyers have a plot to change that situation.

News broke late yesterday that a couple weeks back Apple filed yet another lawsuit against Samsung, this time seeking to ban Japanese sales of the company's bestselling Galaxy S and Galaxy S II smartphones, as well as the new Galaxy Tab 7.7 tablet.

The new Japanese suit, filed Aug. 23, makes the familiar accusation that Samsung "slavishly" copied Apple's smart phones and tablets.  It seeks 100 million yen ($1.3M USD) in damages and a complete sales ban.  

Apple initiated the court battle, suing Samsung in multiple courts in the U.S., Australia, South Korea, and Europe.  Samsung responded by counter-suing in these regions.  It was in fact Samsung who struck first in Japan, filing suit in April.  Samsung is looking to fight fire with fire and is asking for a ban on iPhone and iPad sales.

Sources we've spoken to close to Samsung indicate that the device maker does not truly wish to restrict consumers selection, rather they hope that a potential sales ban would force Apple to drop its questionable lawsuits out of self-interest and let consumers decide which company's products are victorious.

II. Does Apple Own the Exclusive Right to Make Smart Phones and Tablets?

Apple claims to own exclusive rights to produce any modern smartphone or tablet, claiming ownership of all multi-touch in mobile devices and all thin, rectangular minimalist mobile device designs.

Apple has been granted design patents in many regions that appear to grant it sweeping ownership of minimalist tablet designs.  In short the patents declare Apple to own exclusive rights to making thin rectangular tablets with a minimalist single (homescreen) button design.  

Apple was granted the design patent by the U.S. Patent and Trademark Office in 2005.  Apple would not be able to produce its vision commercially until five years later in 2010.

Similarly, Apple claims to own exclusive rights to develop multi-touch devices.  It was granted a patent on multi-touch in mobile devices, despite the fact that Myron Krueger and the University of Toronto developed and published papers on virtually equivalent technology almost 25 years prior to Apple producing its first multi-touch device (the iPhone).  

III. Outlook for Apple's Plot is Mixed

Apple's plans may be in jeopardy given a recent Netherlands court ruling, the first major decision in the case.  The judge in that case rejected Apple's claims of owning exclusive rights to the tablet design and multi-touch as ridiculous.  He wrote, "There was no violation by Samsung on any of Apple's design or copyright..."

The judge essentially handed Samsung a victory, declaring that it only infringed on one minor patent that dealt with a feature in Android's Gallery application.  The verdict cleared Samsung to continue sales in Netherlands, much to Apple's chagrin.

Apple has succeed in securing temporary sales bans in Germany and Australia.  The Australian case will be decided September 26, while the German case should be decided tomorrow, September 9.

If Apple can't topple Android's top handset and tablet makers with lawsuits its hopes of being the market's top player look bleak.  Reports indicate that Android is outselling Apple nearly 5-to-2 globally, a gap which is widening with every passing month.  

Meanwhile Apple has seen its tablet market share plunge from approximately 94 percent to 61 percent in a year, while Android has risen from 3 percent to 30 percent over the same period.  Most expect Android to soon pass Apple in tablet market share as Apple continues to stick to limited product selection (just a single product in the tablet market, in fact) and a sluggish release schedule (one new design per year).

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By nocturne_81 on 9/8/2011 10:37:14 AM , Rating: 5
It continually amazes me how adept Apple's legal tactics have been. Recently, they've entirely avoided traditional courts, instead relying on 'trade courts' in order to block the import of Samsung products on merit alone; rather than head into a traditional court capable of invalidating their invalid patents...

Sheer genius! You really have to applaud these $##holes... They've relied on nothing but clever rhetoric and doctored evidence -- yet they've still managed to get Samsung Galaxy products pulled from Germany, Australia, and the Nederlands. These are small markets, though; and I really doubt Apple's legal tactics will gain much ground here in the US -- but who knows! I never would have thought they would have made it this far..

RE: Genius..
By cjohnson2136 on 9/8/2011 10:54:45 AM , Rating: 2
yet they've still managed to get Samsung Galaxy products pulled from Germany, Australia, and the Nederlands.

Samsung was not pulled from Nederlands. Just the other have they been banned.

RE: Genius..
By superPC on 9/8/2011 11:04:39 AM , Rating: 2
and let's just hope the other court decision mimic netherland ( for those who forgot). that will teach apple a lesson and invalidate some of their patent. hopefully that will make them think twice before trying to do something like this again.

RE: Genius..
By nocturne_81 on 9/8/2011 12:02:58 PM , Rating: 2
I was under the impression that Galaxy tabs were indeed banned from the Nederlands. As that article states:
It does ban sales and marketing of Samsung's Android 2.3 "Gingerbread" devices, as it find them solely in violation of patent EP '648.

RE: Genius..
By InfinityzeN on 9/8/2011 2:45:39 PM , Rating: 2
"The judge goes on to write " kennelijk eenvoudig door haar uit te voeren aanpassing...", "meaning: it should be easy to technically circumvent the one patent it (Samsung) was found to violate.""

"Samsung representatives reportedly told that they would be removing the scrolling feature from their smart phones, which should allow them to continue sales and marketing in the Netherlands."

Any delay will be very very short.

RE: Genius..
By Solandri on 9/8/2011 3:46:56 PM , Rating: 2
Just to clarify, the one patent the Netherlands judge found valid has to do with scrolling between pictures in Samsung's gallery (photo browser) app. All other claims by Apple were thrown out. Tweaking the gallery app to scroll differently by the late September deadline should be trivial. Apple lost in the Netherlands pretty handily.

Apple hate!
By hadrons on 9/8/2011 11:42:48 AM , Rating: 2
almost every one here hates apple.Feels like heaven,seriously.
The whole article(even the old ones) by jason mick,feels like a tabloid,though.

Its just becoz someones says ipad or iphone are 'magical' i just cant stand it.I really cant see the magic.I am still surprised when people buy that magical Bulls**t.Which part of one's brain becomes defunct when they make the decision to buy these magical pads?

RE: Apple hate!
By nocturne_81 on 9/8/2011 12:08:58 PM , Rating: 5
I'm sure there are many who took a rational approach, considered their options, and settled on the iPad. A vast minority I'm sure, but they have to exist...

I've only known 3 people who purchased an iPad.. one with the initial release, the other two standing in line the day the iPad 2 was released. All 3 -- can't figure out what to do with it. They all played around a bit with them, dragged them around as a totable status symbol; but all three finally opted to just leave it at home to collect dust like an expensive toy in which they lost interest, and returned to poking away at their iPhones..

RE: Apple hate!
By Tony Swash on 9/8/11, Rating: -1
RE: Apple hate!
By semiconshawn on 9/8/2011 8:07:04 PM , Rating: 3
Market share of Apple tablets is shrinking. Quickly. Phone share down as well. Thats not to say they wont sell a billion phones and tablets. They however do not seem to be content with being the single biggest handset/tablet maker, highest valued company in the world with hundreds of millions of extremely loyal customers and more money in the bank than the United States Treasury. No thats not acceptable they want to be the ONLY smartphone/tablet maker and dictate everyones mobile experience. This shouldnt just bother me and others who are not fans of the company it should bother you as well.

RE: Apple hate!
By Black1969ta on 9/9/2011 12:09:43 AM , Rating: 2
And the beauty of it is that those same three will go out and kill to buy the next iCrap item to go with their iPhone and iPad(2) that is where Apple thrives, selling to people who Impulse buy, aka Status symbols.

RE: Apple hate!
By MozeeToby on 9/8/2011 5:39:48 PM , Rating: 2
Well, I can't say much about the iPad but I did snag a TouchPad when the price was right and I've been pleasantly surprised by how much I've used it. Games, browsing, YouTube, messaging, and email in the most convenient form factor imaginable as far as portability while still be quite usable (as opposed to a smartphone).

RE: Apple hate!
By GotThumbs on 9/12/2011 1:50:24 PM , Rating: 2
Sweet! I would have so loved to get in on that purchase as well. I think HP's price cut and rise in demand should clue other tablet makers to beat Apple with competitive pricing.

Enjoy your touchpad. I have a Xoom through work and its a great tool.

Bogus patents?
By W00dmann on 9/8/2011 3:41:44 PM , Rating: 2
Riddle me this: if Apple is being so unfair, and if their patent claims are so ridiculous, then why thus far are courts around the world agreeing and banning Samsung products?

RE: Bogus patents?
By cjohnson2136 on 9/8/2011 3:47:35 PM , Rating: 1
For starters it has only gone to court for 3 countries. 1 of which Apple succeed in an extremely minor patent which Samsung is fixing. The other two countries it has not been ruled in yet. So not sure what you are talking about.

RE: Bogus patents?
By Solandri on 9/8/2011 3:52:24 PM , Rating: 2
Because the decisions so far are predominantly preliminary injunctions - does the product appear to violate the patent/trademark? Samsung wasn't even notified of the Germany injunction until after it happened - the court decided entirely based on (fabricated) evidence Apple presented.

The next step involves actually testing the merits of the case - are the patents/trademarks valid? Everything I've seen thus far, from faked evidence to prior art, says they're not. But you can never predict what a court will decide, so we all wait with bated breath.

RE: Bogus patents?
By gixser on 9/8/2011 5:27:08 PM , Rating: 2
Because the decisions so far are predominantly preliminary injunctions - does the product appear to violate the patent/trademark?

I'm no fan of Apple but the standard for achieving a preliminary injunction, at least in the US, is high. US Courts typically are relunctant to grant preliminary injunctions. I suspect courts in Germany, Australia and the Netherlands share similiar concerns/standards as their US counterparts.

In the US, at least,
...a plaintiff seeking a preliminary injunction “must establish that he is likely to succeed on the merits [i.e. win at trial], that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest
See: and also

My point: Apple has been very successful if it has indeed been granted a preliminary injunction in any jurisdiction. However, I doubt they will achieve the same level of success in US courts.

RE: Bogus patents?
By nocturne_81 on 9/8/2011 6:02:47 PM , Rating: 2
Guess you didn't hear that Apple tried for a preliminary injunction and expedited process here first in their case in front of the ITC courts... And neither was granted.

I don't hold much credence in European courts -- the rulings never make much sense.. The anti-trust charges against MS for offering their free browser on their own operating system, resulting in a $749 million fine -- ridiculous!!

This is like saying that if one company takes over any market share from another company, the first company should be fined for 'unfair' practices; or if you offer a free service that another charges for, they should be able to sue you over lost profits. The other recent anti-trust allegations against Google here and abroad are just as unfounded -- you can't fine a business, for just being a business. Even more ridiculous is the recent HUGE fine imposed on Google by the FDA for merely 'knowingly allowing' Canadian pharmacy websites to advertise on Google's ad services -- how can they be responsible for the content of an ad? Isn't it a much worse practice for an advertising company to deny somebody the right to use their service..?

It seems any time you hear any coverage of an overseas court case, the verdict always results in an extreme 'wtf' moment -- but come to think of it, it's getting just as bad here.

RE: Bogus patents?
By Solandri on 9/8/2011 11:21:34 PM , Rating: 2
You'll notice Apple hasn't gotten an injunction against Samsung in the U.S.

I haven't been following the Australia case, but the Germany injunction was a farce. Apparently the procedure there is for the complaintant (Apple) to bring their case up with a judge. Then the judge decides if a preliminary injunction is warranted. The defendant is not even notified, much less given a chance to defend themselves.

But on the flip side, in exchange for it being so easy to get a preliminary injunction, the complaintant must pay all the defendant's legal fees and economic losses should the case eventually be decided for the defendant. Between the faked photos in Apple's filing, and the design patent being 3 diagrams of a flat slab with rounded corners, I'm pretty sure Apple is going to lose that one.

RE: Bogus patents?
By Uncle on 9/8/2011 5:52:17 PM , Rating: 1
Because the learned judges have to go and catch up on the frivolous apple patents, just to be on the side of caution they will put a hold on the product being marketed. Other then the iphone 5, whats apple got coming out of the woodwork that will revolutionize the phone in the world. Steve can't steal anymore ideas, cause every Tom Dick and Harry got smart and bought all the patents that were available.

RE: Bogus patents?
By dark matter on 9/9/2011 9:12:27 AM , Rating: 2
All that shows is the system is utterly broken if you can patent a rectangle.

Um, TV's for example. They are black rectangles with a single button.

I might patent a square. Or a circle.

why not.

I might even patent the color blue whilst I'm at it.

Link posted over on ars
By adiposity on 9/8/2011 5:18:46 PM , Rating: 2
This link was posted on a similar story over on ars:

It is supposed to demonstrate how Samsung changed their product to make it more iPhone-like.

Personally, I think Samsung has every right to do that, but this is what the lawsuit is about.

RE: Link posted over on ars
By nocturne_81 on 9/8/2011 6:15:15 PM , Rating: 2
I guess you haven't seen either of these:

Though, it should be stated that trade courts are intended to battle illegal facsimile and 'knock-off' products, not to allow one company to suppress a competing product of another.

These are in no way equivalent products, and in hand do not seem at all alike. Sitting in a crowded bar, I can easily tell whether somebody all the way around the other side is texting on an iPhone or Galaxy S, and no -- its not just due to the confused expression and vacant look in the eyes of the Apple user.

More than anything, I think most owners of a Galaxy S would feel incredibly insulted if you confused their product for their Apple equivalent -- I know I would.

RE: Link posted over on ars
By adiposity on 9/8/2011 7:01:41 PM , Rating: 2
I would not mistake one for the other, and as I stated I think Samsung is within their rights, here.

I just posted the link for informational purposes, it is basically the case that Apple is making.

RE: Link posted over on ars
By Subzero0000 on 9/8/2011 9:31:04 PM , Rating: 2
One bad decision on Samsung I'd say is from their home launcher.

Why would they choose to start with a screen with icon-only (16+4 icons)?
Android is supposed to be superior than iPhone because of the widget system. But Samsung choose to downplay that feature.

It's easy to see what Samsung is trying to be something it's not.

p.s. I installed ADW launcher on my Samsung mobile as soon as I got it. That's how it supposed to be!

RE: Link posted over on ars
By DeluxeTea on 9/8/2011 11:01:35 PM , Rating: 3
The article linked is really silly, especially the packaging part. I remember getting a Nokia phone circa 2007 with the phone prominently displayed upon opening the box and the manual at the bottom. Does this mean Nokia can sue Apple for copying their packaging style?

Apple really have nutjobs in their legal department.

Come on...
By nocturne_81 on 9/8/2011 10:26:42 AM , Rating: 3
I actually like Google's offerings.. and admittedly laud them above most others.. but..

Come on... how about a little more impartial journalism and a little less editorializing... That's what the blog section is for.

RE: Come on...
By Da W on 9/8/2011 10:33:37 AM , Rating: 1

Apple's made a big mistake here
By BugblatterIII on 9/8/2011 3:44:16 PM , Rating: 2
The Reality Distortion Field is collapsing! Even non-techies are now wondering why Apple's doing all this if its products are so magical.

Apple's becoming known for patent trolling and litigation rather than for producing great consumer products.

By gorehound on 9/8/2011 4:57:08 PM , Rating: 2
I am going to stay away from Apple.
They are acting like a bully and I do not support bullies.

37 years BACK in time?
By Gnarr on 9/8/2011 5:09:10 PM , Rating: 2
Those tricky devils! Somehow movie makers traveled back in time 37 years to infringe upon Apple's patented iPad design, which it fantasized in 2005, finally figuring out how to produce it commercially five years later.

You mean forward, right?

By th3pwn3r on 9/9/2011 11:29:46 AM , Rating: 2
I now consider Apple a terrorist group. I wish many, horrible things upon them.

Possible solution?
By GotThumbs on 9/12/2011 1:44:37 PM , Rating: 2
What if the tablets were sold without an OS? Users could then load any Free OS (Android, etc. ) onto the hardware?

Kind of how years ago. car import restrictions were by-passed by bringing cars into the US disassembled and sold as Car Kits.

What really upsets people
By Tony Swash on 9/8/11, Rating: -1
RE: What really upsets people
By MrBlastman on 9/8/2011 12:41:53 PM , Rating: 2
blah blah blah, correction:

startling new devices

Make that:

startling new prices

RE: What really upsets people
By theapparition on 9/8/2011 1:09:39 PM , Rating: 4
Good. Copying is bad for innovation.

Exactly right. How dare other manufacturers steal the idea for 4 wheels, an engine and windshield for the automobile.

I mean, automotive innovation has completely stagnated since 1914.

Oh, and since you've convienently forgot:

Good artists copy, great artists steal. We have always been shameless about stealing great ideas. - Steve Jobs, 1996

And it looks like Oracle are going to take the dunces from Google to the cleaners for ripping stuff off and not even bothering to be discrete about it. This time next year Android could have the highest OS licence fees in the mobile business.

Actually, Google has somewhat fortified thier position and Oracle is somewhat backing down, since Google has possesion of written communication between themselves and Sun about Java integration into Android, all without any license fees.

RE: What really upsets people
By Tony Swash on 9/8/11, Rating: -1
RE: What really upsets people
By nocturne_81 on 9/8/2011 6:49:33 PM , Rating: 2
I don't know what bizarro world you live in..

First of all, the infringing code was taken from java from the linux apache distribution, which is open source and for which Sun supplied the Java code for wishing for it to be used openly.

Secondly, Sun openly invited Google to do as they did, and were incredibly excited that Android went the java route.

What Oracle is doing is plainly wrong and immoral. This would be the equivalent of Google suspending all the licensing of Motorola modem tech patents for any component that ends up in an Apple product, and refuse to let them use said patents no matter what the licensing cost. It would not only be wrong, and I'm sure completely illegal, but you can't deny that it would instantly kill the iPhone completely.

By Flunk on 9/8/11, Rating: -1
RE: Atrocious
By R3T4rd on 9/8/2011 10:36:29 AM , Rating: 5
Seriously? Where have you been?

RE: Atrocious
By Souka on 9/8/2011 1:02:13 PM , Rating: 2
Hey, here's a question... who invented the iPhone?

If you said Apple...wrong.

Cisco invented, and patented it before Apple.....but no worries, Apple's lawyers took care of that problem.


RE: Atrocious
By adiposity on 9/8/2011 7:14:50 PM , Rating: 2
I think you mean, they (and by "they," you mean "Infogear," who was acquired by Cisco) used the term "iPhone" first. To say they invented "the iPhone" is a bit confusing, since they did not invent the "Apple iPhone" or anything like it.

The Cisco/Linksys iPhones were not cellular phones, and in 2007 Cisco and Apple reached an agreement, the result of which was, Cisco stopped calling their phone an iPhone.

A pic of one of the Linksys iPhone models:

RE: Atrocious
By therealnickdanger on 9/8/2011 10:59:48 AM , Rating: 5
Apple is behaving no different than my 5 year old niece. She can't win a game of Old Maid, so she changes the rules to claim victory. Even if you let her win graciously, she'll still gloat about it. She also believes in magic, unicorns, and fairytales.

... oh no, she's going to become a Mac user!

RE: Atrocious
By MrBlastman on 9/8/2011 11:13:43 AM , Rating: 4
You're screwed man. Once she becomes a member of the cult, there's no way to free her from their clutches. ;)

Not even a solid regime of de-programming (a la Jim Jones days) will save her. Sadly, the only solution to the Apple plague is to destroy all the devices. No, Ray Bradbury, this time it would be for good, not a detriment to humanity.

Apple is literally acting no better than a pissed off child that lost a round of the spelling bee. Instead of "Trying Harder," they "Sue Harder," which is really... "Crying Harder."

RE: Atrocious
By therealnickdanger on 9/8/2011 10:59:48 AM , Rating: 2
Apple is behaving no different than my 5 year old niece. She can't win a game of Old Maid, so she changes the rules to claim victory. Even if you let her win graciously, she'll still gloat about it. She also believes in magic, unicorns, and fairytales.

... oh no, she's going to become a Mac user!

RE: Atrocious
By therealnickdanger on 9/8/2011 11:00:30 AM , Rating: 2
Double post? How'd that happen? It must really have been important.

RE: Atrocious
By Uncle on 9/8/2011 12:37:32 PM , Rating: 2
These are the new Economic Wars that your witnessing. One Country's Corporation vs another Country's Corporation. Rather this, then flexing of the Military Muscle.:) One doesn't spend billions on patents unless your going to flex your Corporate Muscle.:)

Entire article is tabloid material
By vision33r on 9/8/11, Rating: -1
RE: Entire article is tabloid material
By MrBlastman on 9/8/2011 12:30:35 PM , Rating: 2
No. Android was outselling Apple prior to the barrage of injunctions.

Quit drinking the Kool Aid. Your post is full of brainwashed desperation.

RE: Entire article is tabloid material
By AnalogToDigitalKid on 9/8/11, Rating: -1
By MrBlastman on 9/8/2011 2:34:59 PM , Rating: 2
Huh, what? Apple has superior hardware? I think I'm reading this wrong.

RE: Entire article is tabloid material
By VooDooAddict on 9/8/2011 3:32:11 PM , Rating: 2
I have to disagree.

Without apple there was a vibrant smart phone market. It just wasn't chic and cool for the masses. RIM, Palm, and Nokia all quite nice offerings.

By TakinYourPoints on 9/8/2011 6:55:58 PM , Rating: 1
Smartphones pre-2007 were garbage

By DeluxeTea on 9/8/2011 11:06:11 PM , Rating: 1
They lie, cheat and steal their way to the top.

Perfect description of Apple.

RE: Entire article is tabloid material
By adiposity on 9/8/2011 5:58:22 PM , Rating: 2
You are right, I think, that Android phones outsold iPhones, but I think the poster was saying no single Android model outsold the iPhone.

Of course, that's kind of unimportant, because the important thing is the size of the Android market, not the individual models.

On the other hand, if you include iPod touches, are there more iOS devices than Android devices?

RE: Entire article is tabloid material
By B3an on 9/8/2011 6:31:40 PM , Rating: 2
The Galaxy S2 has been outselling the iPhone here in the UK since release in April and remains the best selling phone, it's the same in many European countries, also in Japan it's vastly outselling the iPhone.

By adiposity on 9/8/2011 6:59:23 PM , Rating: 2
I don't doubt what you say at all, but how many Galaxy S2 have been sold globally vs. iPhone 4? I couldn't find the answer to this.

By lukarak on 9/10/2011 6:55:17 AM , Rating: 2
Sure it is. With a ton of Arm11 320x240 devices, of course it is outselling Apple by the number of devices.

If you look at the more important figure price*units, things change. Almost 360.

RE: Entire article is tabloid material
By nocturne_81 on 9/8/2011 6:23:19 PM , Rating: 2
Although I do not appreciate the bias of this article, it's obvious you hold just as much if not more bias against non-Apple products...

Sure, the iPhone 4 is indeed the best selling single model, but Apple is still a ways from the top of the market.

And hardware specs..? Seriously, look at them on paper.. The iPhone 4 is incredibly outdated -- it was when it was released. To put it in perspective, compare the specs of the upcoming iPhone '5' against the first series of Galaxy S devices -- yes, the ones that came out more than a year ago.

By B3an on 9/8/2011 6:42:02 PM , Rating: 3
No... it's the best selling phone in the U.S, and this might come as a surprise to you yanks but the U.S does not = world.
In many countries the iPhone is not the best selling phone and has been overtaken by the Galaxy S2. Even the original Galaxy overtook iPhone sales in Japan early on in the year.

The Galaxy S2 is outselling the iPhone in pretty much any country it's been released in and has been doing this for months. It's not outselling the iPhone in the U.S simply because it's not been released there yet.

By TakinYourPoints on 9/8/2011 7:54:03 PM , Rating: 2
Does it really matter when WP7 on Snapdragon or iOS on A4 is faster and smoother than Android on the technically faster Hummingbird? Seems irrelevant given the state of the OS right now.

Paper specs don't mean much when the operating system is holding things back.

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