QUOTE(momijigari @ Sep 25 2012, 05:37 PM)
Pardon me if I don't see a full framed picture as you do. I am not well-versed in USA jury system or patent process but some of the Samsung models bear a close resemblance to iPhone.
At the moment, I don't see how it has hindered free trade since every models are on the market despite the court case. I can still walk into any telcos and buy an android phone without much hassle. There are going to be many more impending lawsuits amongst these players, but rest assure when the dust has settled, they have all already sold millions of phone.
Not all models. There are some models where the court has stopped Samsung from selling. What's happening in most cases, is that the appeal is pending. But the are some models which have injunctions against them.
More importantly, it's not hard to imagine that Samsung will scale back their efforts in the US, minimise inventories... so that they don't get caught out with an appeal being lost and they have millions of phones in inventory they can't sell.
The threat of litigation is an impediment to free trade as it is an artificial barrier to entry. It is very telling that courts in the rest of the world did not agree with the US.
QUOTE(momijigari)
It seems like Apple is throwing punches just to dominate the market but then again if you've spent alot of effort on doing something and then along it comes this copycat wanted to share pieces of your pie you'd be pissed.
Forgive me if I sounded ignorant or stubborn because these are only my personal views (as I do not have any credible qualification).
It's not their pie.
Apple does not have a monopoly on touch screens, rectangle candy bar phones or icons etc. Smartphones already evolved there much earlier. Palm had it, even my old HTC Touch had it earlier. Symbian had icons way before Apple did. Microsoft Windows perfected screen navigation via icons, buttons and menus. Apple copied these concepts and improved upon it. Google etc copied the concept after Apple copied it, and improved it even further. Windows 8 is doing it now.
The market for candy bar phones with touch screens and icons may have taken off after Apple's iPhone. They really expanded the pie. But does that mean that the pie/market/consumers got candy bar phones with touch screens and icons are now owned by Apple and anybody who wants a candy bar phone with touch screen and icons must buy it from them?
If that were the case, Henry Ford would be able to patent motorised cars that are rectangular with a wheel at each corner. Rectangular with a wheel at each corner is the natural form for a car. Or else the car will fall over. If one day, GM decides to use magnetic levitation in cars. Are all other car manufacturers not allowed to use magnetic levitation in cars? Cars are not new. Maglev is not new. But maglev in cars, is that a concept you can own and nobody else can use?
The way of the world has always been that once the first mover introduces a market concept that successfully creates a market, other entrants will follow and capitalise on that market. Apple is trying to change the game... in that the first mover also owns the market. The market is not allowed to source from anybody else besides the first mover. We see this with inventions, scientific research like pharmaceuticals etc... but this is the first with a marketing concept.
This post has been edited by seantang: Sep 25 2012, 07:18 PM