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Having a smaller market share may help a tiny bit too

Having a discussion with a source close to Japanese Android smartphone maker Sony Corp. (TYO:6758) I noted how remarkable it was that Sony had escaped any sort of litigation or publicly discussed licensing with Microsoft Corp. (MSFT) or Apple, Inc. (AAPL).  While Apple hasn't sued everyone, it has sued most of the top Android phonemakers.  But Sony has escaped scott free.

How is it doing it?

Our source close to Sony confirms that he indeed knows the face of patent belligerence all to well, saying he's been called on as an expert to testify in several cases.  He remarks, "A lot of those [lawsuits] have been pretty frivolous."

When asked specifically about Microsoft and Apple and how Sony has escaped lawsuits (or licensing demands) he said, "We've had a number of discussions... We've been pretty successful at fending off these onslaughts... [laughs] I guess we should give credit to our lawyers."

So there you have it; the electronics industry has devolved into how good a lawyer team is.

Sony has reportedly used some lawyer "kung-fu" to avoid lawsuits.
[Image Source: Sony Pictures]

It's no wonder why some of the U.S.'s oldest and most respected federal judges are saying the patent system is broken in the U.S.  That same sentiment is also being echoed by top investors like Mark Cuban who bemoan the power of litigation to kill startups.

Sony for its part must have some pretty good lawyers.  After all, its latest and greatest Xperia phones have slide to unlock graphics (which other Android phonemakers have been sued over) and also have a "Cover Flow"-like transition animation (Apple owns a patent on Cover Flow's animations).

With its new "superphones" hitting the product stream, the phonemaker's remarkable ability to ward off Apple lawsuits may boost its profitability and sales, assuming that situation does not somehow shift.

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RE: Sony Music
By ViewRoyal on 1/13/2013 1:39:13 PM , Rating: 1
As I mentioned in my comment (but which you obviously did not read) the USA has the iPhone for sale through almost every mobile service in the country, while Android phones of all makes and sizes are available form every single service. This gives us an Apples to apples comparison (pardon the pun ;-). And in this comparison, where availability of the iPhone is almost equal to the availability of Android phones, the iPhone does have "53% market share, while ALL Android phones combined dropped to only 41%?"

It is for this reason that sales of the iPhone is starting to climb in other countries around the world. It's not because people don't want to buy the iPhone... it's because they can't yet (but they will in the future)!

Many services in many countries don't yet sell the iPhone... but Apple is continually improving the availability in these areas, and as they do, sales of iPhones grow.

Look at China. Recently Apple started selling iPhones through the two smaller services in China.. but not yet through the largest, China Mobile, which has over a Billion subscribers.

In the short period that the iPhone has been available for sale in China, those two smaller mobile services have stolen millions of customers away from China Mobile, because they sell the iPhone. China Mobile is in the process of having an agreement with Apple to sell the iPhone, which they now want to do to stop the drain of their customers to the other services.

RE: Sony Music
By retrospooty on 1/13/2013 3:23:38 PM , Rating: 2
"It is for this reason that sales of the iPhone is starting to climb in other countries around the world."

You arent looking at the whole picture. You are looking at a picture that is designed to make Apple look better and that just isn't the case with regards to market share. Sales for all makers are going up, as the whole smartphone sector is growing. Market share is quite the opposite of what you rae saying. As I mentioned, in 2011 it was outsold 2.5 to 1. In the 1st half of 2012 it was outsold 4 to 1. In Q3, 5 to 1. Q4 will see a sales bump as Apple releases once a year, but it will level out. Android is expected to outsell it anywhere from 5 to 1 to 6 to 1 in 2013. Why? Not because of availability, because of the HUGE list of features the iPhone is missing and because of flexibility.

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