Go Samsung!

At one point I had a great aversion to all things Korean. I had bought the first Hyundai automobile and it rusted out in 4 years… Now, though, Samsung is fighting back against one of my enemies, Apple. Apple has tried to prevent Android/Linux smart thingies from displacing Apple’s iThingies based on price/performance by filing baseless suits against Samsung all over the world for patent/copyright infringement. Rather than bending to the will of the bully, Samsung is fighting back, refuting the charges well and filing its own claims of infringement against Apple. There are 21 actions globally.

As we saw in SCO v World, it is best to fight the bully when so much is at stake. Samsung appears to realize that there is far more profit in selling Android/Linux smart thingies than not. Good for Samsung. Good for the world. Boooo, Apple.

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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12 Responses to Go Samsung!

  1. oiaohm says:

    oldman the big issue here. A legally issued software patent does not have to be valid. There is no requirement that the patent office full checks out all claims. If claim is not challenged it goes into the system.

    It only becomes valid after either being challenged in court and proven so or agreed to be so by both parties.

    Lot of what people call “IP” is mostly non existent crap legally. Due to the fact it was not validated.

    This is Samsung issue Apple claims most of them under the process of validation are vaporising. Yet Apple stopped Samsung products from sale with items that don’t exist when inspected.

    This is pure wrong. oldman the Patent system need reform yesterday. No more rubber stamping of stuff.

    Apple mostly defending IP that does not legally exist other than a legally issued prospectors claim basically.

    Just because you have a prospectors claim does not mean you can claim it has gold and demand payment for the value of gold yet you have never inspected it for gold.

    This is exactly what Apple did with there legally issued software patent. Patents and prospectors claims are basically the same. Until proper inspected worthless. Yet somehow people get to claim money for both of them not proper inspected.

    But at least with a prospectors claim if someones claims about the claim turn out to be false you are entitled to your money back.

    With a patent it stiff biskets if you have paid for an invalid patent. There is no legal way to get your money back.

    Yes the means to recovery your money in case patent is proven invalid would be one of the key reforms to sorting out the patent mess.

    The failure rate of software patents under inspection is over 70 percent due to prior art and about 10 percent for infringing with other patents of other parties between 10 to 20 percent turn out to be real. Then out of the 10 to 20 percent left most turn out not to apply to the device or software they are being applied to due to them using a different implementation. So Robert Pogson that IP does not exist is mostly true.

    Problem is proven it does not exist for your case is down right expensive. Yes the patent holder does not have to pay this either. The person attacked with the patent has to prove it invalid or valid. With no possibility of refund for those costs.

    Yes a few simple cost rules would solve the problem.

    1) if patent proved invalid all income made by patent has to be refunded.
    2) who ever proved patent was invalid is due payment of all costs from the patent holder for proving it invalid.

    You would see lot of patent trolls disappear.

  2. oldman says:

    ““IP” does not exist. ”

    You are of course entitled to your opinion Pog, but that all it is. As of now the software patents exist, and Apple or Samsung have every right to defend their intellectual property as defined in the legally issued software patent.

    End of story.

  3. “IP” does not exist. I live. I think of a better mouse trap. I die. Where is the property? From what was it made? Where did it go?

    “IP” is an illusion of lawyers. The makers of the US constitution had no vision their idea to promote tinkering in a workshop would morph into “software patents” and video on demand.

    The whole idea of patenting the shape of an iThingy or the software that runs on it is ludicrous and unsupportable. We are on the verge of a situation where no personal computer of any kind will be able to cross any border because it might violate someone’s right to have an idea… If that is prevented somehow it will either be that everyone pays everyone else for their “IP” and no one profits or software patents will be trashed.

  4. oldman says:

    “How is it ripping off when they are willing to pay after of course Apple has to confirm the claim is valid.”

    My original comment was directed at pogs, notion that a company is somehow evil to defend their IP. All the rest of the issues that you have brought up are really irrelevant to my point.

  5. oiaohm says:

    The knight tablet was basically the same colour pattern and shape as the Samsung tablets right down to button locations. And old enough to be not covered by IP rights.

    Yes the tablet shape has been around for ages. But when you have an exact match to yours that is not covered you kinda start asking questions. I understand Samsung questioning Apple over the IP. So would I be. It would be hey are you really sure this is your see this Knight tablet over here did you accidental copy it? Skip this bit of IP I will keep paying the rest.

    Basically it was not that Samsung was not paying Apple for IP that is the big thing. Samsung questioned if some of Apple IP was valid and was refusing to pay for items that were suspect. Yet was paying for items they believed were not suspect. And then Apple flew of handle.

    Really the judge should throw the book at Apple over this. And the other 50 volumes of other books with it. Since events like this should not happen.

    So in my eyes Samsung has every right to be highly pissed off with Apple and go for blood.

  6. You mean like the tablet shape that was around for thousands of years?

  7. oiaohm says:

    oldman the question is reversed. What gave the right to rip off Samsung Intellectual property by not paying the required price for Apple.

    FRAND of Samsung is very clear. They allow you to use there IP on the condition you don’t block product they have already produced and shipped from sale.

    If the Samsung pad was not already being sold and Apple had went to block Samsung from releasing before Samsung had spent advertising to sell product apple would not have been in breach of the FRAND.

    If Apple had just gone after money and not attempt to block Samsung product from sale no FRAND breach.

    So Apple is fully allowed to be paid for there intellectual property. Samsung at no time has attempted to avoid this. Samsung pays apple for lots of usages of its intellectual property.

    How is it ripping off when they are willing to pay after of course Apple has to confirm the claim is valid.

    Lot of companies are claiming to own intellectual property that under proper investigation owns to another company that they copied from in the first place. Knight tablet comes to mind here since the ipad and the knight tablet basically look identical. This is Samsung problem. Samsung was questioning if the IP of Apples was really apples or by mistake stolen IP.

    Simple point stop being narrow minded here oldman. Both Apple and Samsung have IP they are fully in titled to be paid the full price for. Apple was a smart ass and has end up not paying Samsung’s IP price.

    Now Samsung is in titled at a min to be paid cash for the value of the IP Apple has been using since they failed to keep the license requirements. At worst Apple products blocked from sale because of breach of License.

    FRAND’s don’t block you from being paid for IP. Limit how you can go after being paid yes. Most make it that you must prove you IP is valid before going to block shipments of course giving the company a chance to pay after proven the IP is valid.

    Apple and Microsoft really need to come to terms with the embedded market. Very quickly. The embedded market is full of FRAND licensing.

    It is designed to prevent M.A.D. battles most of the time. They are also designed to prevent one company using its IP to crush other companies in the sector.

    They are not designed to block paying money for the usage of IP. FRAND’s are about protecting fair and open competition in the market by legal means.

    Fair and Open Competition is not something Apple exactly wants.

    It might be too late for both Microsoft and Apple. They have both been like a person idea of bull in a china shop where they need to be like a real bull in a china shop that basically does not break a plate.

  8. oldman says:

    “It is the weakening Apple/M$ who are going around suing people. They shall reap the whirlwind.”

    So it is OK for Samsung to rip off their intellectual property Pog?

  9. Samsung is in the business of making product, not suing. It is the weakening Apple/M$ who are going around suing people. They shall reap the whirlwind.

  10. oldman says:

    “Samsung is a company if you are wise you don’t insult.”

    Then we shall see in court Mr. oiaohm. All else on your part is nothing more than opinion.

  11. oiaohm says:

    Contrarian Samsung Linux history is a long one.

    Samsung wants open competition. They public-ally state this as well as doing actions like submitting code to the Linux kernel to assist this. baba is samsungs own private Linux that they are currently working threw opening up. Then they make android devices as well. Also OSi devices.

    Contrarian something to remember is Samsung makes the Ipads. So yes this action is something Apple most likely never expected. So Samsung has all the Apple tablet market already.

    Samsung does not like bullies. Yes Samsung knows apple supply lines inside out. Apple made a huge mistake here.

    Apple has made a fatal mistake. They attacked the very company they depend on to make hardware in a way that breached that companies FRAND licensing.

    So yes when Samsung says Ipads infringe they 100 percent know it because they made the part that infringes.

    http://en.wikipedia.org/wiki/Apple_A4 Yep bad mistake.

    Who makes the screens for most of the Android devices.
    http://www.tuaw.com/2011/05/26/apple-eyeing-samsung-amoled-display-for-the-ipad-3/

    Yep samsung.

    Samsung is a company if you are wise you don’t insult.

  12. Contrarian says:

    Ah, #pogson, you come across like an Ohio State fan viewing the Michigan vs Notre Dame game! 🙂

    Samsung is no champion of Android or Linux or FOSS for that matter, though. Samsung is a champion of Samsung, pure and simple. Samsung wants a big piece of the phone and tablet businesses and they are being opposed by Apple who wants the same thing.

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