Samsung vs Apple Patent Infringment

The famous brands of Apple and Samsung were in a patent battle over a certain type of Samsung Phone. A specific Samsung phone looked very similar to the Apple IPhone. Apple won the case against Samsung in early August 2013 meaning that there would be “a ban on the U.S. import of certain Samsung devices.”(MIot).  A Samsung spokesman response to the case was “”However, Apple has been prevented from trying to use its overbroad design patents to achieve a monopoly on rectangles and rounded corners,” he said. “The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that our products will continue to be available in the United States.”(MIot)

In my opinion, I believe Apple wants to have a smart phone like no other phone on the market. Samsung’s quest to remain strong in a very competitive industry revealed a group of innovative producers who designed a phone very similar to the Apple I Phone which due to the similarities allowed Apple to win their case.  I agree with the spokesperson who indicated competition in the such as this had no place in the courtroom. However, I do not believe that the IPhone design should be copied. In response to that is at stake in this instance, I believe the IPhone’s reputation along with profitability. Reputation I think was weighed heavily too though because if the Samsung were purchased and with its strong resemblance and similarities, compared to the IPhone, consumers might make the connection that both were the same.  If the Samsung proved not to be reputable, IPhone would definitely have a lot to lose.   I think the stronger point would be that it actually has to do with two strong powers in this business who want to remain at the top of their game.  I do believe the money making and cash making ability weighed more heavily than the reputation.  Apple has one of the highest reputations in the market but money talks and when this is at stake, this is the result.    The law that regulates this dispute is the patent law which by definition “excludes others from making, using, offering to sale or importing the patent invention from the term of the patent”. 

Intellectual property in Milton’s Areopagitica “of God, who though he command us temperance, justice, continence, yet powrs out before us ev’n to a profusenes all desirable things, and gives us minds that can wander beyond all limit and satiety”(Milton), relates to this case in that Milton is saying people’s minds “wander” and the Samsung inventors minds wandered in their creation of the similar phone. This quote is saying that god himself commands that we hold back and not take all that is laid before us that is wanted by humans.   Kant supports this theory in nonage which indicates that people use other people’s ideas as a guide.  Kant’s what is enlightenment reflects this “laziness and cowardice are the reasons why such a large parts of mankind gladly remain minors all their lives, long after nature has freed them from external guidance.”(Kant) Samsung was free to create any other type of smart phone that did not resemble another company’s creation, but they were “Lazy” and copied the Apple Iphone. Lessig in The Future of Ideas states “a blind spot in our culture.  This blindness will harm the environment of innovation. The real struggle at stake now is between old and new” (Lessig). In other words the future shapes the past. Lessig would support Samsung.  His view is that a company should not be confined to new ideas because they have a similar product than another company. I disagree with him in that, i think that if a company goes to the extent of making a unique product and gets a patent on that product then that product should not be able to be copied in anyway. Samsung should have to design a totally different and unique product of their own  .

Links

 www.pcmag.com/article2/0,2817,2422936,00.asp 

https://engl382fall2013.files.wordpress.com/2013/07/lessig_foi.pdf

https://engl382fall2013.wordpress.com/readings/areopagitica/

https://engl382fall2013.wordpress.com/readings/what-is-enlightenment/

MJ

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3 thoughts on “Samsung vs Apple Patent Infringment

  1. Miles,

    The formatting of your post got all messed up when you pasted it from your word processor into WordPress. You need to fix that up. Also, you don’t do enough to incorporate Kant, Milton, and Lessig into your argument. They’re just kind of tacked on at the end, but you really need to dig into the a bit more to explain how your quotations relate to the case. What are the rules that govern intellectual property in this case? How did those rules affect the outcome? Do you think those rules are consistent with the ideas of fair use that Lessig, Milton, and Kant describe?

    The big thing is just to fix the layout. Once that’s done, read over your piece and review the readings, then add a few more thoughts about how their different ideas about “freedom” inform your own thinking.

    You have until Sept 31 to complete revisions, but I you may want to complete your revisions well in advance of that date.

    M

  2. Hi Miles,

    Thanks for fixing the formatting. It looks a lot better now — although you could still go into the HTML tab of the editor and delete out all the unnecessary formatting tags. If you don’t know what I’m talking about when I say that, it’d be worth it just as an exercise in writing for the web.

    The last paragraph still needs work. I’ll break it up into chunks with specific questions to help you think about each item:

    “Intellectual property in Milton’s Areopagitica “of God, who though he command us temperance, justice, continence, yet powrs out before us ev’n to a profusenes all desirable things, and gives us minds that can wander beyond all limit and satiety”(Milton), relates to this case in that Milton is saying people’s minds “wander” and the Samsung inventors minds wandered in their creation of the similar phone.”

    I’m not sure. These are two very different kinds of wandering. If they’re similar, how so? Milton is talking about man’s tendency towards sin. Is that really what’s going on with Samsung. You need to explain how your idea of Samsung’s “sin” is similar and different from Milton’s.

    “Kant supports this theory in nonage which indicates that people use other people’s ideas as a guide. Kant’s what is enlightenment reflects this “laziness and cowardice are the reasons why such a large parts of mankind gladly remain minors all their lives, long after nature has freed them from external guidance.”(Kant) Samsung was free to create any other type of smart phone that did not resemble another companies creation, but they were “Lazy” and copied the Apple Iphone.”

    Fair enough. This is probably OK. But,

    “Lessig in The Future of Ideas states “a blind spot in our culture. This blindness will harm the environment of innovation. the real struggle at stake now is between old and new” (Lessig)”

    This is really problematic. The thing is, you seem to disagree with Lessig very strongly. I doubt he’d support your view at all. You need to explain why his notion of free culture is wrong. What’s his digital utopianism missing? — You need to think about this. Lessig is a huge advocate for weakening IP laws. What’s he missing?

    Good luck!

    M

  3. Miles,

    The formatting got screwed up again, so you’ll need to fix that. Be careful when you paste from Microsoft Word (or whatever program you use), because it’ll make your page come out weird.

    The Milton passage is better, but you still haven’t revised what you say about Lessig. Remember, he advocates loosening IP laws. So in the quote you use, Lessig would most likely side with the new (Samsung) over the old (iPhone). He would say that companies shouldn’t be held down just because their products are vaguely similar to another company’s. Your response needs to represent his views more accurately and explain why you disagree.

    Good luck!

    M

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