http://www.smh.com.au/digital-life/tablets/kogan-buckles-to-…
Kogan not selling Galaxy Tabs after threats from Apple
ShortyX on 26/09/2011 - 19:58
Last edited 26/09/2011 - 19:58
Last edited 26/09/2011 - 19:58
Comments
I don't buy their products because they're bad value, it doesn't help that their business strategy is sue everyone and supress progress.
It's easy to see why the court decided to place the injunction on Samsung's 10.1 tab, the hardware does look fairly similar — the thinness of the device, the placement of the Home button and the flat proprietary charging connector is almost identical to Apple's.
Apple sued Samsung mainly for 2 reasons:
They're scared of the growing Android tablet market.
Their current iPad 2 offering is technologically inferior comparison to the new Android tablets.Rather than suing everyone else for copying their designs, they should just focus on innovating new products and push out a new tablet of their own.
I thought every company should embrace competition and not eliminating them. Else they stay stagnant and think they are the best….
… oh wait! They do think they are the best
… and they released iPhone4S and no iPhone5 (which means, not much improvement at all)Should invest more in R&D rather than lawyers IMO.
I'm not saying that Samsung copied Apple, but hypothetically, if you spent a large quantity of money on inventing something, would you think it fair if someone else came along and copied your idea and made money from it?
It means that while you are developing a particular technology, someone else might pour their money into something else. In the end, they will have the benefit of having the results of their R&D plus the technology they copied from you.
If there's no reward for R&D, then why put money into it? Might as well sit around and wait for the next piece of technology to be developed, and incorporate into your own product. Now that would truly cause the industry to stagnate.
I think there are problems with the patent system that need to be sorted out.
On the subject of the iPhone 5, rumours seem to suggest that the iPhone 4S is pretty much the iPhone 5 except inside the shell of the iPhone 4.
You don't buy products to support a company, you buy products because they are useful.
If you are unable to buy products and therefore cannot make use of them, I would take it up with the justice system and fight the retarded copyright and patent laws we have.
that is so silly and so sad.
"tab is a version of ipad" ???? oh, hey bob you have two eyes, a mouth, a nose, two ears, two arms, two legs… you're a version of me - please kindly kill yourself and have your body delivered to my front door.
It's a tab, so yeah, there are going to be some similarities, and as for their claim it would harm their (Apple's) sales in Australia, of course it will, it's called COMPETITION.
Interesting article…Thanks for the link. While I wouldn't purchase a Kogan product again it's interesting to see him branch out into other brands..thought it was only a matter of time. But sheesh Apple…
Don't think anyone but lawyers benefit from these patent suits at the end. Not Samsung. Not Apple. And definitely not the consumers :(
how come not Apple ? of course samsung, and consumers suffer, but lawyers + apple win…don't they ?
There's no point even if Apple wins the patent lawsuits, they still have other competitors to go up against, even with Samsung Galaxy Tabs out of the market.
Samsung, their supplier of many components, is now suing them?
The whole process of lawsuits is not a good thing anyway. Just look at this thread — how much a lawsuit would damage a company's reputation.
But Apple does win.
@scrimshaw: If Apple wins the lawsuit, they temporarily eliminate one of their main competitors in the tablet market. And if there are any other companies out there in a similar situation as Samsung, then Apple can sue them as well.
@scotty: Apple's reputation may be damaged amongst consumers who are not Apple fans. Apple fans defend Apple's right to defend their patents, and will continue to purchase Apple products. Normal consumers will have one less option to choose from (and a pretty good option at that), and some may purchase the iPad, from which point they are sucked down the bottomless pit
Ah yes
If Apple Wins then Droid Fans scream unfair unfair
If Apple Loses then Apple Fans Scream unfair unfairThe rest is irrelevant
One Eyed Barrackers win everytime
This is a legal dispute, just like all legal disputes, its there because of differences in opinion.
The real issue here is why do droid fans keep bringing up issues with Apple, why not pressure Google - you know they do NO EVIL (unless it suits them) - to spend their millions rather than buying old patents from Motorola, which by the way they could have shared with Apple MS and others, to develop better interfaces. Move on.
Samsung arent out of the market. If they also develop their own interface, which is better then they too will dominate the market. Apple entered this market back in the early 1990's with the Newton. If failed because it didn't match what people wanted or could use at that time.
As for using Legal muscle, Apple has been on the receiving end of law suits. It lost to Microsoft on the Windows law suit, It lost to the Beatles over the "innovative" use of the name APPLE.
Samsung are also suing Apple for patent infringement, which BTW if they win that one, they will also go after other companies for. If they win and Apple pays their high fees, then every other manufacturer will also pay these fees, and phone costs could increase. But a one eyed barracker, will justify this of course.
An stifling innovation also cuts it when people rip off others ideas. Thats what patent law and courts are all about. And yes the courts can get it wrong, but they can also get it right.
Stick to your droid, spend time enjoying it. Play with it hack it, add apps, and move on. Share your experiences with other droid users. Que sera sera
@ozpete Valid points all round. Android users bring up issues with Apple because Apple has created a recognisable brand that sets itself apart from the rest of the market, making it an easy target to criticise, as well has having made decisions to limit the compatibility of their products through which they attempt to steer the course of technological progress. While Apple fans are happy to be limited to Apple products, Android fans seem to be more into user control and customisation.
Oh, and Android fans bring up issues with Apple because they are not fans of Apple? =P Like you say, there should be pressure on Google to innovate in the area of interfaces. But in this case, it is easy to pick on Apple because their brand polarises public opinion (amongst those who care anyway).
The real issue instead is the issuance and enforcement of patents. Many people say that Apple should not have been granted the patents in the first place. We take interface controls (like pinching to zoom in and out) for granted, but in retrospect, someone did have to come up with that idea. The issuance of other patents like the form factor of the iPad seem borderline stupid considering the trend in recent years for electronic devices to become slimmer and sleeker.
Samsung's case against Apple was a desperate move that was bound to fail. While not permanently out of the market, it will probably be difficult to snatch market share if they have no product on the shelves for Christmas. By they time they redesign the interface and manufacture enough units to release, or update the OS on existing units, there will be many more Apple owners and we all know how the story goes from here.
What would be good is for a lot more of this crap to happen. The increasing absurdity of the patent system is not widely appreciated because this crap mostly stays below the public radar and only certain groups such as software developers are really tuned into the issue. If the problem becomes more visible to consumers more broadly, it might create the impetus for reform.
I own an iPhone & MacBook Pro but I still would like Samsung to win.. Screw you Apple
Be thankful that Apple did not invent the wheel!!
I now have another reason to dislike this company, the list is long!
WTF staircase?
question, what if someone sell from singapore and ship to australia, is that mean australia custom should stop this shipment?
So Apple has won a temporary injunction banning the sale of the Galaxy Tab 10.1:
Court slaps temporary ban on Samsung as Apple Australia wins case
Why doesn't Samsung seek an injunction against Apple's mobile devices if it thinks that Apple has infringed on its patents? Or do they not really have a case?
On September 16 2011, Samsung Electronics filed a cross claim with the Federal Court of Australia, New South Wales Registry regarding two things:
- Apple Inc.’s infringement of 7 Australian patents owned by Samsung related to wireless communications standards by the iPhone 3G, iPhone 3GS, iPhone 4 and iPad 2 products; and
- that the patents that Apple Inc. relies on in its claims against Samsung in relation to the GALAXY Tab 10.1 are invalid and should be revoked by the Court.
Result? They failed miserably and lost the court case — the patents they used to counter sue Apple with was supposed to be licensed to Apple on fair terms in the first place and was already common throughout the mobile industry, so claiming that Apple copied and used those was too weak of a defense.
Tis' a sad day for Samsung.
Well that was desperate of them…What a waste of money that could have been spent redesigning their tablet
Samsung Galaxy Tab 10.1 was sued for patent infringement because Apple reckoned that it's their biggest threat (well, at least according to the media). So would "redesigning the tablet" help? By being a lesser threat?
haha…correct me if I'm wrong, but that was sarcasm, right?
Sarcasm, if that's what you want to call it. As long as it's a competitive product in the shape of rectangular tablet, Samsung might still be in trouble, as Apple lawyer did request future products to be examined by them (although not granted by court).
And in a US court even the Samsung Lawyer couldnt tell them apart, when asked by the judge to tell which was an iPad and which was the Galaxy Tab
But hey if you want a Tab, then Samsung is being hard done by, if not then you probably dont give a rats…
Thats what the legal system is all about. Differences of opinion.
what if they made it the slightest trapezium-shape ??? ie make it qualify by definition as a trapezium by the minimal amount therefore not being a 'rectangle' anymore. assuming the patent isn't for a quadri-…whats that general term for a 4 sided shape???
Is that what the patent describes? If it is for a tablet in a rectangular shape, then I have to ask what the person was smoking when they authorised that patent… Surely, such a patent could not be considered valid considering prior art.
I meant "redesigning" in terms of the interface, which I believe is what Apple is suing Samsung over at the moment.
@ozpete One lawyer couldn't tell them apart, but another could identify which was which. This was from three metres away. It could be that the first lawyer had not familiarised themselves with the product they were defending. At the same time, should it be recognisably different from 3 metres away? Having seen videos comparing them side by side, the Tab does look terribly similar to the iPad, at least on the screen side. Black bezel, just a hint of the aluminium(?) back, the only real difference being dimensions, and the presence of a small button on the iPad.
I have no intention of getting a Tab; this news item simply sparked a curiosity about something I had little concern for previously. On aesthetics, the Tab probably looks too much like the iPad - Apple needs recourse for defending that. However, I don't think Apple should be allowed to monopolise the rectangular tablet market.
Exactly
Unfortunately
I was trying to point out to some of the zealots here, that we can quote and find examples everywhere to justify our beliefs.
And the list goes onIf its not a patent, then its….
Unfair labour practices
Its a Locked system, which while one can be jailbroken, the other root kitted…
Its too expensive
My phone or the next model has a faster x feature
The other is bought by Fanbois
… ad nausemAnd
I expect someone to believe I will change my vote because I said I will change mine because of the incumbents attitude
or
if I cant see someone then they can't see me…ROFL
In my experience of having personally dealt with a number of legal actions in the business world, the reasons for Samsung’s counter claim are the usual reasons for a counter claim. In fact, a counter claim is often considered ‘best practice’ in the industry. I’m not a lawyer though.
1. Distract Apple’s lawyers. Claims have deadlines by which responses have to be provided. So, by filing a counter claim at the right time, Samsung creates a resource shortage at Apple, and hopefully distract them from the main claim. Irrespective of how many lawyers you throw on a case, the resource crunch will happen at Apple’s end where their board and senior exec will have to debate their lawyer’s recommendations. Effectively, this buys Samsung time to do more research.
2. Hope the other party ignores the claim in the whole brouhaha. If Apple just ignored Samsung’s claim and did not respond by the set deadline, the court can make a decision based on only one party’s side of the story.
3. Garner some PR points, both with consumers and, more importantly within the courts. Judges and lawyers read newspapers too and this plants the seed of doubt that Apple may not be on strong moral grounds. Technically, courts are not supposed to be influenced by what they read in the media, but reality may differ.
4. If Samsung does win the case in any jurisdiction anywhere in the world, it sets a precedent, and it can open the door to re-open all other lost claims. So, one victory in one major economy is all that is required.
5. There will be a lot of Tier 2 players (Acer, Lenovo etc) watching from the sidelines, ready to pounce on a class action suit should Samsung succeed in it’s counter claim.In summary, if I were Samsung's lawyer, I would be advising them to file multiple counter claims in 20-30 key countries. And possibly rope in a Tier 2 tablet manufacturer as a co-claimant.
And this is why I don't buy Apple products, why support a company like that…