Judge Tells Apple Samsung Won't Wipe it Out

[Karloff]

Judge Tells Apple Samsung Won't Wipe it Out

Apple hasn't persuaded Judge Koh to impose a Samsung US sales ban.

In the latest twist in the Apple-Samsung patent war [http://www.escapistmagazine.com/news/view/119275-Apple-Judgment-Rocks-Samsungs-Share-Price], Apple has been unable to persuade Judge Lucy Koh that a sales ban on Samsung's products in the US ought to be imposed. Judge Koh threw out the request, saying that Apple had lost sales, but that wasn't enough to support the irreparable harm criteria for a ban.

"Samsung may have cut into Apple's customer base somewhat," said Judge Koh in her ruling [http://www.scribd.com/doc/117196813/Apple-Denied-Motion-for-Permanent-Injunction], "but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones. The present case involves lost sales - not a lost ability to be a viable market participant."

Apple had tried to argue that its "ecosystem" had somehow been damaged by the Samsung infringement, but Judge Koh was having none of it. Ecosystem, to her, was just another word for downstream sales, and while she was prepared to believe that Apple had lost sales, that harm wasn't enough to support a ban.

Nor was she convinced that the loss of sales necessarily had anything to do with the Samsung infringements. "Apple has simply not been able to make this showing," she declared.

Apple is expected to appeal this decision.

Source: Guardian [http://www.guardian.co.uk/technology/2012/dec/18/apple-us-ban-samsung-smartphone-rejected]


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[vun]

Mentioning that they cut into Apple's customer base seems a bit odd; I thought that was what a competitor was supposed to do.

 

[Squilookle]

Can someone confirm for me that this is indeed the legal version of someone giving the spoilt brat that is Apple a good whack on the backside and sending them off back to the schoolyard under orders to get along with the other kids?

 

[CJ1145]

Mentioning that they cut into Apple's customer base seems a bit odd; I thought that was what a competitor was supposed to do.

It is, which is why the Judge so kindly informed them their case was full of shit.

 

[Zombie_Moogle]

A global corporation is actually told "no you can't have a legally binding monopoly" by the US courts.
It's like seeing a shooting star; rare & beautiful

 

[Atary77]

Hey Apple, maybe you should try something else like oh I don't know try to make a better product that can compete with what Samsung is making as well as maybe trying to be more competitive with your pricing. Ya know? Stuff that companies normally do when they want to win over customers.

 

[BrotherRool]

It's nice having sensible judges

 

[Andy Shandy]

Wait, what? Apple actually tried to ban Samsung products from the US because they had the sheer gall to actually persuade people to go with them instead of Apple? That is what I just read right? And now they're appealing because they're not allowed a total monopoly?

I have read this correctly, right?!

 

[Something Amyss]

The case was hopeless to begin with. You can't demand a total monopoly be enforced by a court, even if you could prove blatant theft and use of copyrighted tech, it would violate anti-trust laws.

That doesn't change the outcome, though. Apple isn't (officially) suing over the right to be a monopoly. And a monopoly could be broken another way.

 

[Milanezi]

All I know is I like my iPhone, and I want iPhone 6 (not 5S, SIX), to actually improve some shit, so I also want Galaxy to improve some shit, otherwise Apple will EVIDENTLY NOT improve (because Steve died, so why act lik Apple, let's act like MicroSOFT)...

 

[Blade_125]

I'm glad there are some sane judges left in the world.

Now if only people would stop paying apple twice as much for something that does the same as the competition.

 

[cidbahamut]

Cornering the market on rounded edges wasn't enough apparently. This is just shameful.

 

[Milanezi]

Hey Apple, maybe you should try something else like oh I don't know try to make a better product that can compete with what Samsung is making as well as maybe trying to be more competitive with your pricing. Ya know? Stuff that companies normally do when they want to win over customers.

Maybe the deal is keeping it overpriced, same reason you'll pay more for an Armani shirt, and no matter what you won't get a cheap Armani (cheap in the sense of price). You're paying for the brand and everything that comes with it. It is illogical, but it's a social thing.
However stepping up to the competition in terms of bringing new features, etc. Well, that can't be argued... Though my father in law has both that latest Galaxy (the pretty one) and iPhone 5, he barely uses the Galaxy, he says he prefers the iPhone, I used his Galaxy a bit, I also prefer the iPhone, BUT it is a real fine phone and though I felt apple was smoother, samsung also had a very nice feel to it. Let's put it this way, I'd pick iPhone any day, but the differences were minimal, and what really links me to iPhone is the iTunes store, because I have tons of movies, tv shows, music and games that i bought on it; also the immediate synch with iPad, iPod, iMac and Apple TV is VERY helpful.

But I have a rant against some people who badmouth Apple products (for this reason only): they say "wow, their stuff is made for retards, it's too easy to use"... WTF??? Isn't that GREAT? The easier the better, I see my grandfather and the way he suffers to put the DVD to work and I ask myself, this shit should be easier. I'm not going against Galaxy here, no, the little I used it was as easy as the iPhone. I'm just ranting here, but hey, things should become easier, EVERYTHING. If the iPhone is too easy than go use morse code or something... geez...

 

[NinjaDeathSlap]

Can someone confirm for me that this is indeed the legal version of someone giving the spoilt brat that is Apple a good whack on the backside and sending them off back to the schoolyard under orders to get along with the other kids?

No, when the British judge (or at least I think it was the British case) Not only told Apple they were full of shit by throwing out their case, but also ordered them to post an apology to Samsung on their website, specifically stating that Samsung had in no way breached Apple copyright, that was what I call giving them a whack on the backside, and it was glorious.

 

[Remus]

Meanwhile over at Google,

And hey, it's made by Samsung although their name isn't on the front. Maybe the 16:9 raio differentiates it enough from Apple to not sue? I dunno. These pads are a media format. Just like smartphones, TVs, radios, DVDs, and blu rays. Suing anyone over having a similar design seems rather redundant. It's like Microsoft suing over the use of the term "Operating System". The Apple execs should just go take a dip in their swimming pool full of money and cool off.

 

[The Artificially Prolonged]

Are Apple really trying to say that customers who choose a competitor's product over theirs in a free market are lost sales and should be compensated by a ban on competitor's products? You know Apple you really cannot pick and choose which bits of capitalism you like when it suits you, if you want those customers back release better products at more competitive prices. I really wish the courts would start just throwing these cases out , it is wasting the court's time and the only people benefiting are the lawyers.

 

[eventhorizon525]

Hey Apple, maybe you should try something else like oh I don't know try to make a better product that can compete with what Samsung is making as well as maybe trying to be more competitive with your pricing. Ya know? Stuff that companies normally do when they want to win over customers.

Maybe the deal is keeping it overpriced, same reason you'll pay more for an Armani shirt, and no matter what you won't get a cheap Armani (cheap in the sense of price). You're paying for the brand and everything that comes with it. It is illogical, but it's a social thing.
However stepping up to the competition in terms of bringing new features, etc. Well, that can't be argued... Though my father in law has both that latest Galaxy (the pretty one) and iPhone 5, he barely uses the Galaxy, he says he prefers the iPhone, I used his Galaxy a bit, I also prefer the iPhone, BUT it is a real fine phone and though I felt apple was smoother, samsung also had a very nice feel to it. Let's put it this way, I'd pick iPhone any day, but the differences were minimal, and what really links me to iPhone is the iTunes store, because I have tons of movies, tv shows, music and games that i bought on it; also the immediate synch with iPad, iPod, iMac and Apple TV is VERY helpful.

But I have a rant against some people who badmouth Apple products (for this reason only): they say "wow, their stuff is made for retards, it's too easy to use"... WTF??? Isn't that GREAT? The easier the better, I see my grandfather and the way he suffers to put the DVD to work and I ask myself, this shit should be easier. I'm not going against Galaxy here, no, the little I used it was as easy as the iPhone. I'm just ranting here, but hey, things should become easier, EVERYTHING. If the iPhone is too easy than go use morse code or something... geez...

The problem I have with Apple products is that while yes, they do make things easier to approach and have very clean interfaces, they give this at the cost of actually being able to do a lot with them. The system is very closed, and after learning how to actually take advantage of a lot of fiddle bits on my phone and computer, having them effectively removed is not an enjoyable prospect. Combine that with their obnoxious advertising (yes, you managed to make a nice feeling product with a lot of polish (not apple maps), but guess what, all the "new" features that keep getting talk up have been done by other companies, often better, years before) and their very cult? (not right word, can't think of a better one) mentality where only their own stuff is worth ever touching (and is the only option in existence) can be very irritating.

However, I have also recommended Apple computers for people before simply because they are still a good choice for some people (though they need the spare cash for the extra cost).

 

[grigjd3]

Good luck with that appeal Apple, you're going to need it. Of course, the only reason you won the patent fight in the first place is because you are a popular company. You certainly had no better a legal position than Samsung did but you were smart enough to have a jury of emotional mac-bots vote for you.

 

[Atary77]

Hey Apple, maybe you should try something else like oh I don't know try to make a better product that can compete with what Samsung is making as well as maybe trying to be more competitive with your pricing. Ya know? Stuff that companies normally do when they want to win over customers.

Maybe the deal is keeping it overpriced, same reason you'll pay more for an Armani shirt, and no matter what you won't get a cheap Armani (cheap in the sense of price). You're paying for the brand and everything that comes with it. It is illogical, but it's a social thing.
However stepping up to the competition in terms of bringing new features, etc. Well, that can't be argued... Though my father in law has both that latest Galaxy (the pretty one) and iPhone 5, he barely uses the Galaxy, he says he prefers the iPhone, I used his Galaxy a bit, I also prefer the iPhone, BUT it is a real fine phone and though I felt apple was smoother, samsung also had a very nice feel to it. Let's put it this way, I'd pick iPhone any day, but the differences were minimal, and what really links me to iPhone is the iTunes store, because I have tons of movies, tv shows, music and games that i bought on it; also the immediate synch with iPad, iPod, iMac and Apple TV is VERY helpful.

But I have a rant against some people who badmouth Apple products (for this reason only): they say "wow, their stuff is made for retards, it's too easy to use"... WTF??? Isn't that GREAT? The easier the better, I see my grandfather and the way he suffers to put the DVD to work and I ask myself, this shit should be easier. I'm not going against Galaxy here, no, the little I used it was as easy as the iPhone. I'm just ranting here, but hey, things should become easier, EVERYTHING. If the iPhone is too easy than go use morse code or something... geez...

Personally I have nothing against Apple products and the like. If people enjoy using them and find that Apple devices suit their needs then that's great! The same can be said for people who prefer Samsung devices. At the end of the day when you have devices so similar and share various features then it all just comes down to personal preferences and what people choose for themselves.

That's what I think is the real crime Apple is committing in all of this. They don't want people to have an alternative choice to their devices. They want to be the one and only option. Much like how EA shut out competition by getting the exclusive rights to the NFL license which I'm sure many folks here didn't like either.

Bottom line is people should be able to choose what devices they want. If people want an alternative to Apple let them have it. If people are still buying your products (especially a large majority) then I'd say you have nothing to worry about as a company. Just keeping making good products and give the people what they want. DON'T be an ass and try to shut out competition in court!