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 .