Both android and iPhone devices banned for sale in the US? That'd be 
hilarious :)

NB: Lighthearted banter enabled by, you know, not living there. I can 
imagine this is not quite as hilarious if you do.

On Tuesday, August 28, 2012 8:56:52 AM UTC+2, Cédric Beust ♔ wrote:
>
> Good analysis, Reinier.
>
> While this is clearly a strong legal win for Apple, the more I think about 
> it and the more its pyrrhic aspect strikes me.
>
> Like you say, it won't make a little bit of difference from a money stand 
> point for either parties.
>
> The consequences for Samsung from a product stand point are probably going 
> to be mild since they have already adjusted their line of devices to avoid 
> the Apple patents, so they are most likely in the clear from now on (which 
> won't stop more lawsuits from popping up, for sure).
>
> The positive advertising effect for Samsung cannot be underestimated, 
> though, take a look at this post 
> <https://plus.google.com/114476892281222708332/posts/246srfbqg6G>to get a 
> sense of what this verdict has enabled. This is just the beginning. Like 
> you say, this verdict has completely validated Samsung as a valid and 
> cheaper substitute to iPhones.
>
> Of course, none of this changes anything to the fact that during all this 
> time, Android has continued to increase its lead over the iPhone in market 
> share and the experts seem to agree with my prediction last 
> year<http://beust.com/weblog/2011/01/14/not-too-late/>that the market will 
> stabilize around 70% for Android and 20% for the 
> iPhone.
>
> No doubt motivated by this verdict, Google has finally decided to switch 
> to the offensive and sue Apple 
> directly<http://www.forbes.com/sites/timworstall/2012/08/21/and-now-google-sues-apple/>.
>  
> What a strange world it would be if in just a few months from now, both 
> iPhones and Samsung devices are banned from the US because of the lawsuit 
> fallouts, uh?
>
> Will Apple sue Google in response? This would require Apple to give a 
> credible estimate for the amount of money that Google is making with 
> Android, and with the operating system being free, this might be a tough 
> case to make.
>
> Finally, the trial has forced Apple to reveal more about its internal 
> processes than it would probably have ever dreaded to reveal in a century 
> and I can't imagine that Apple executives don't have a bitter taste in 
> their mouth about that.
>
> -- 
> Cédric
>
>
>
>
> On Mon, Aug 27, 2012 at 11:35 PM, Reinier Zwitserloot 
> <[email protected]<javascript:>
> > wrote:
>
>> Actually, while samsung stock is way down, this is fantastic news for 
>> samsung.
>>
>> * They can easily appeal here; the jury reached a verdict in 3 days. The 
>> jury instruction manual was something like 700 pages, so the judge is going 
>> to accept an appeal in about 5 seconds. The fact that various jury members 
>> made overtures that they see this as a 'slap on the wrist' for samsung, 
>> something the jury instruction manual specifically says is NOT their job 
>> (their job was to give fair compensation to apple, NOT to send a message to 
>> samsung). This keeps this farce going, and that's good for samsung, not 
>> just because they might get their billion back, but because...
>>
>> * We now have a court-ordered claim that samsung devices are carbon 
>> copies of apple devices. Geez. That's quite a bold claim, and now _the 
>> courts_ are saying that this bold claim is, in fact, true. That's a 
>> marketer's wet dream, isn't it? A court-stamped and validated claim that 
>> your stuff is just as good as the top dog in the market?
>>
>> * It's just a billion. I know, we civilized look at that and shake our 
>> head in disdain, but, it's like a week's worth of revenue for samsung. 
>> Contrast this to Microsoft, who, in a bid to stay relevant and try and make 
>> some leeway in the mobile phone business, bought skype for 8 billion. Let's 
>> put it this way: If I approached samsung 4 years ago with this deal: You 
>> can copy whatever you want from the device that is going to become the 
>> cornerstone of an entirely new market, and in doing so you'll actually 
>> outsell them, and all it'll cost you is the meager sum of a billion bucks. 
>> Oh, and, by the way, included in that price is a highly publicized court 
>> case which will highlight again and again how awesome your devices are.
>>
>> * Their flagship phones that they are _CURRENTLY_ selling (notable the 
>> S3) are _NOT_ even in the list, meaning, if any motion to ban sales of 
>> their phones shows up for the US market, samsung won't even care much.
>>
>>
>> Now, is patent law as it applies to software and design a farce? You bet. 
>> The right answer is to abolish them entirely (not because this is the 
>> clearly most fair way to do it, but because the issue is clearly too 
>> complex for a law to handle, and abolishing them entirely leads to less 
>> economic damage to the IT sector than any other proposal I've ever heard 
>> about. Including Joe's various plans to try to make companies pay for 
>> getting their patent vetted for being actually novel. At the end of the 
>> day, taxing a law system to define novelty is a ridiculous proposal, think 
>> about it. Why should the government even be in the business of determining 
>> novelty? Why would anyone think that's actually going to work?). Would 
>> samsung be even happier if there was no patent case? I doubt they care. 
>> They got about a billion bucks worth of good press out of this I'd say. 
>> They can write this off as an expensive but effective marketing campaign if 
>> they want.
>>
>> In the mean time, apple is focused on entirely the wrong thing (please, 
>> Team Apple: You need to be focusing on making cool devices and software, 
>> and crowing victory when said software/hardware combos end up being awesome 
>> in practice. The victory dance is for the home-run that are the 11" and 13" 
>> macbook airs, for example. Not for a legal verdict that is in the end quite 
>> meaningless, and a legally mandated cash windfall. I've been using an S3 
>> for a month or 3 now and from my perspective this thing is as good as an 
>> iPhone. A little better, even, because google is still much better at the 
>> cloud thing compared to apple.
>>  
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