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Print 124 comment(s) - last by nafhan.. on Aug 27 at 4:41 PM

Want to guess which company is breaking out the champagne tonight?

The jury reached a verdict today and they found Samsung guilty on multiple counts of infringing upon Apple design and software patents. While Apple was able to hold Samsung's feet to the fire on the majority of its utility patents, Samsung received no love from the jurors on its countersuit claims.
 
The jury ordered Samsung to pay Apple $1,051,855,000 USD ($1.05B USD) in damages. Apple owes Samsung absolutely nothing.
 

Apple CEO Tim Cook [Image Source: Paul Sakuma, Associated Press]

Not surprisingly, both Apple and Samsung have issued statements to the New York Times regarding the decision. First up, Apple:
 
We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung’s copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.
 
And now we have Samsung, which is clearly not pleased with the outcome of this case:
 
Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims. Samsung will continue to innovate and offer choices for the consumer.
 
And even though Microsoft had absolutely nothing to do with this trial (Microsoft can safely sit on the sidelines as a spectator), Bill Cox, senior director of Marketing Communications for Windows Phone, added his two cents in on the decision:
 

Considering Microsoft’s current position in the smartphone marketplace, we’re not quite sure it's “winning” in this case.


Updated 8/25/2012 @ 2:53am EST
9to5Mac has received an internal memo sent to Apple employees by Apple CEO Tim Cook. In the memo, which features similar wording to the statement issued by Apple after the ruling, Cook describes how taking Samsung to court wasn't about the "patents or money":

Today was an important day for Apple and for innovators everywhere.
 
Many of you have been closely following the trial against Samsung in San Jose for the past few weeks. We chose legal action very reluctantly and only after repeatedly asking Samsung to stop copying our work. For us this lawsuit has always been about something much more important than patents or money. It’s about values. We value originality and innovation and pour our lives into making the best products on earth. And we do this to delight our customers, not for competitors to flagrantly copy.
 
We owe a debt of gratitude to the jury who invested their time in listening to our story. We were thrilled to finally have the opportunity to tell it. The mountain of evidence presented during the trial showed that Samsung’s copying went far deeper than we knew.
 
The jury has now spoken. We applaud them for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.
 
I am very proud of the work that each of you do.
 
Today, values have won and I hope the whole world listens.
 
Tim

Sources: The New York Times, Twitter



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Unpalatable truths and the future of Android
By Tony Swash on 8/25/2012 6:21:03 AM , Rating: -1
This case exposes an unpalatable truth for some.

??It is this.??

Within the rather odd sub-culture that consists of Apple haters, Google /Android fans and extreme proponents of open source anti-IP ideology it is possible to create all sorts of imagined scenarios where one company stealing the product designs and IP of another company is a good thing, especially if the victim is Apple and the perpetrator is part of the Android community. Or even madder in the case of Samsung and Apple, that the stealing never happened. These imaginings can be worked up into such a self reinforcing culture that it becomes simply incomprehensible that anyone can believe otherwise. The cultural totems of this subculture become to be seen not as fictions or at best half truths, but as unassailable truths.

??But the verdict in this trial punctures those balloons of self delusional constructs. ??

This verdict is so shocking and awful in this sub-culture because it is a horrible reminder of an unavoidable truth which many are desperate to avoid. ??

The truth that if you were to select a representative cross section of the uncommitted population and, in a scrupulously balanced forum, give them access to a representative cross section of background documentation from both Samsung and Apple, and let them listen to the best witnesses each side could bring, and let them listen to the arguments of both Samsung and Apple presented by the best advocates each could find, most ordinary citizens would clearly and quickly see the obvious truth. Samsung copied Apple, it did it deliberately, it did it in breach of patents, it did even after it was asked to stop and it did it wilfully. ??

Now of course the sub-culture will explode with indignation. The trial was fixed, the system is broken, it's all so unfair, boycott Apple, etc etc. But the community has to deal with this watershed event because it doesn't stop the wheels of justice turning. Apple voluntarily withdrew at the behest of the court many other of it's patents in order to simplify this case but it did so with out prejudice. Apple can, and almost certainly will, now assert those patents and will probably win more victories and the pain for Samsung and the other Android OEMs will increase. ??

So the challenge for those who love Android in particular is what to do next. What should Google do now? What should the community of Android fans now be campaigning for Google to do? Up until now Google has taken the weasel way out, it distributes Android within a very tight legal framework that prevents any legal cascade of responsibility back to Google, it has supported through logistical and political support the fight by many of it's OEMs to defend their copying, it has disgracefully used it's wholly owned subsidiary Motorola to pursue FRAND abuse as a strategy of counterattack. But none of that is working.??

Interestingly in the evidence in the Apple Samsung case it was revealed that Google had asked Samsung to tone down it's copying and expressed concerns about the cloning approach that Samsung was pursuing. And that was the correct thing to do. But it was too little and too late. Now Google needs to step up and take on true responsibility of being the leader of the Android community instead of hiding behind disingenuous and hypocritical PR puff about 'openness'. Google needs to say it will not tolerate copying in the Android community, it needs to enforce a new and better ethical model in the community it leads.

??If Android, and it's business and technological model, is as good as it's supporters and Google claim it is there will be a flowering of innovation, a stream of great products and everybody will benefit. It's time Google and the Android community started doing things the right way rather than the easy unethical way.

??It's time to prove your mettle.




RE: Unpalatable truths and the future of Android
By inaphasia on 8/25/2012 8:34:18 AM , Rating: 1
Tony, one day I hope you come to realize that there are quite a few people out there that think Thomas Edison was a patent trolling cunt too. It's got absolutely nothing to do with which phone/gadget is prettier, came first, or is more useful to the user.


RE: Unpalatable truths and the future of Android
By Tony Swash on 8/25/12, Rating: -1
By inaphasia on 8/25/2012 11:17:34 AM , Rating: 2
No Tony, I'm not angry. I couldn't be. I don't own anything by Samsung and I don't have an Android device either.

My point was that nobody likes a patent troll.

My point was that it's ok to call a genius like Edison a cunt if you think you can back up your opinion when challenged.

My point was that sociopaths are not good role-models.


By Jeffk464 on 8/25/2012 10:01:20 AM , Rating: 2
No, its time to boycott apple.


By ReloadAO on 8/25/2012 12:24:21 PM , Rating: 2
one more to skip.


RE: Unpalatable truths and the future of Android
By Kyuu on 8/25/2012 4:05:25 PM , Rating: 2
I still honestly can't decide if Tony Swash is truly as delusional as he comes off or if he's just a really, really dedicated troll.

I have zero vested interest in the success or failure of Apple, Samsung, or whatever. I'm not even a fan of Android, though I'd certainly never purchase an Apple device again after all the patent trolling Apple has engaged in. Hell, I grew up using a Mac when everyone else had Wintel machines.

But, for any clear-thinking individual, the absurdity of this case (and Apple's victory) is difficult to grasp. The patents are nonsense: rectangular devices with rounded corners? Minor UI animations? If Android's source code was straight ripped from iOS and the only DIFFERENCE were some minor UI quibbles, THEN I could see a case being made. But with Android having little in common with iOS EXCEPT FOR some minor UI quibbles that should not be patentable in the first place, there really is no case.

Luckily, it should be fairly obvious to whatever higher court(s) the appeal(s) go to that this case was not handled appropriately and this verdict will get tossed out. 'Course, with the U.S. court system, that might take a while, but eventually it'll happen.

I have no desire to see Apple out of the smartphone/OS market, but the blatant misuse of the legal system for anti-competitive purposes really needs to stop.


By Cheesew1z69 on 8/25/2012 5:41:32 PM , Rating: 2
Delusional Troll...


RE: Unpalatable truths and the future of Android
By tecknurd on 8/25/2012 10:31:06 PM , Rating: 1
The Android OS is an open source project. What this means it will live on forever. iOS is not open source and it is controlled by a company. A company that is easily created and eventually will die. Google is same, but Android has the support of the open source community. When there are people supporting the open source community and there is a open source projects, those projects will live on forever. Sure when Google goes out of business, Android my die with it, but there will be forks of it. When that happens there will be DIY kits of smartphones that is hard for Apple to complain about. Heck, Apple has not yet complain about hackintoshs. Apple won this time, but I am sure Samsung now knows the game of the US court system. Though Samsung Galaxy SIII is not banned, so Apple did not win everything.

Android is in my Nook, it is in cellphones, tablets, Rasberry PI and other single board computers, so it is everywhere. iOS is only at one place.


By Belard on 8/27/2012 12:50:24 AM , Rating: 1
I think and hope the way things are going - Android and Linux become the standard that replaces Microsoft and Apple.

Metro sucks on the desktop, MS-Phone sales are very piss-poor. Not many people are wetting their pants for an Win8 tablet.

The Apple lawsuit WIN is so stupid, so full of shit... that I have decided to NOT replace my iPad1 with an iPad4.

Window8 is so bad, I downloaded and installed LinuxMint within hours.


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