Friday, 25 November 2011 16:54

Ban on Samsung "not terribly fair"

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73It looks like Samsung might be getting some vindication on the Ban imposed on the Galaxy Tab 10.1 in Australia. It appears that at least one Appeals Judge feels that the original ban might not have been fair. According to several articles on the Internet Federal Court Justice Lindsay Foster could be the saving grace for Samsung in their legal battles down under. The original ban was put in place as a temporary measure until a full trial could take place over what Apple calls “blatant copying”. Samsung, on the other hand, feels that the ban was unjust due to the large number of other tablets on the market with the same look and feel as the iPad. To prove their point they have produced video evidence showing off tablets from Motorola, Asus, Acer and others.  They feel that Apple is singling them out (in much the same way that Adobe was attacked by Apple over Flash).

Now, it is important to take a look at things here as this case begins to get interesting. Samsung was a one-time partner with Apple and helped to bring life to the iPhone and the iPad (the original A4 was based heavily on a licensed Samsung ARM design). However, Apple turned on Samsung in much the same way they turned on Motorola, IBM and others. We have talked with many companies that work with Apple and they have described the relationship as like dating that really hot crazy girl. On the one had you are with her because she is hot, but you have to remember she is crazy too.

Taking a look at some of Apple’s actions we can see that this is a very true sentiment. The other issue we find is a lack of technical understanding in the court systems. It is not hard to envision someone looking at two devices and due to a lack of knowledge on how they operate or what they do thinking they are the same product. It is a good thing that this type of patent is not typically allowed in other areas of our market system. If so we would see Canon and Nikon constantly asking for bans on each other’s cameras. Minolta and Xerox fighting over copiers… You get the point. In the end the Samsung V. Apple battle should be an eye opener for the law makers in every country. Patents are no longer being used to benefit the consumer, nor are they encouraging innovation. They are instead being used to squash competition and damage the market. We hope that the ban is lifted and the case heard in full court where the issue and the legality of actually patenting the look of something can be finally put to rest.

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Read 2479 times Last modified on Friday, 25 November 2011 17:05

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