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Australian Court Blocks Sales of Samsung Galaxy Tablet

samzenpus posted more than 2 years ago | from the no-tablet-for-you dept.

Australia 158

jimboh2k writes "Apple has succeeded in blocking the sale of Samsung's Galaxy Tab 10.1 tablet in Australia until a final hearing can be heard in the case down under. The judgment on Thursday could effectively kill chances of the tablet ever launching properly in Australia after Samsung claimed further delays to the product would threaten hopes of gaining traction."

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158 comments

Dennis Ritchie Dead (-1, Offtopic)

Anonymous Coward | more than 2 years ago | (#37699376)

Re:Dennis Ritchie Dead (-1, Offtopic)

MrHanky (141717) | more than 2 years ago | (#37699488)

Mod parent up. It's more relevant to this site than the story.

The delay is not a bad thing. (1, Insightful)

Anonymous Coward | more than 2 years ago | (#37699912)

The delay is a good thing. Since we are all already aware of what has happened, this delay will give foolish people lots of time to post their faux-sincere "condolences" at shitholes like Hacker News, reddit and Google+. There'll be many thousands of useless one-line "My condolences to his family" and "RIP dmr" comments.

By the time Slashdot gets around to posting this news, the majority will hopefully have that crap out of their system, and we can remember him and the impact he made with useful, insightful, detailed comments, rather than single-line platitudes.

Re:The delay is not a bad thing. (-1)

Anonymous Coward | more than 2 years ago | (#37699974)

Thanks, Internet Tough Guy!
RIP Dennis Ritchie. Condolences to his family.

Re:Dennis Ritchie Dead (-1, Offtopic)

5hoom (937675) | more than 2 years ago | (#37699502)

Shame on whoever down-modded this. Dennis Ritchie, father of Unix & C dies and not only does it not rate a mention on the front page of /. but some genius down-mods the first mention of it.

Re:Dennis Ritchie Dead (-1)

Anonymous Coward | more than 2 years ago | (#37699552)

Genius here. No matter what your feelings are, the post was off topic. And an anonymous off topic post won't bring the news on the /. front page.

Re:Dennis Ritchie Dead (1)

Gideon Wells (1412675) | more than 2 years ago | (#37699568)

See: http://slashdot.org/recent/ [slashdot.org]
Specifically:
* http://slashdot.org/submission/1816404/dennis-ritchie-father-of-c-and-unix-reported-dead [slashdot.org]
* http://slashdot.org/submission/1816390/dennis-ritchie-co-creator-of-unix-and-c-has-died [slashdot.org]

It is in the firehose currently. Twice. These posts are off topic in this regard. I don't know why it hasn't been submitted to the front page yet if he is as influential as all of you commentors are saying. I never heard of him before today. However it is off topic. Give the editors a chance to post it. They were hours behind on Steve Jobs as well. The /. system is a reader's digest summary, not the place you go if you want breaking news (unfortunately).

Re:Dennis Ritchie Dead (0)

5hoom (937675) | more than 2 years ago | (#37699664)

Agreed, it is off topic and this is not the place for breaking news. Some news, however, is orders of magnitude bigger than others. I think the news of Denis Ritchie passing is big enough that it warrants an intrusion into an unrelated thread. This is a chapter in the history of computer technology coming to a close, and warrants a breaking of the rules IMHO. Your opinion may differ.

"I never heard of him before today" - no shit (1, Insightful)

Kupfernigk (1190345) | more than 2 years ago | (#37699702)

Well, that's an admission. Since Ritchie was one of the pioneers of what has evolved to be the technology that powers most servers and almost all mobile devices, you could argue that he is of much more relevance to this article than your post. After all, it is about two companies fighting over technologies for which he was one of the major founders.

Re:"I never heard of him before today" - no shit (0)

Anonymous Coward | more than 2 years ago | (#37699758)

I think this is what they refer to as Eternal September.

Never heard of him?!?!?! (0)

Anonymous Coward | more than 2 years ago | (#37699880)

See: http://slashdot.org/recent/ [slashdot.org]
Specifically:
* http://slashdot.org/submission/1816404/dennis-ritchie-father-of-c-and-unix-reported-dead [slashdot.org]
* http://slashdot.org/submission/1816390/dennis-ritchie-co-creator-of-unix-and-c-has-died [slashdot.org]

It is in the firehose currently. Twice. These posts are off topic in this regard. I don't know why it hasn't been submitted to the front page yet if he is as influential as all of you commentors are saying. I never heard of him before today. However it is off topic. Give the editors a chance to post it. They were hours behind on Steve Jobs as well. The /. system is a reader's digest summary, not the place you go if you want breaking news (unfortunately).

WTF?!?!?!

Turn in your geek card.

he made C (0)

Anonymous Coward | more than 2 years ago | (#37699830)

With Bell's Ken Thompson, Ritchie helped develop Unix,,, and released the first edition of the operating system in 1971.

Two years later Ritchie came up with the C language, building on B from engineers at Bell.

So what happened to the D and F language... this is 2011

Truly an American icon. (0)

Anonymous Coward | more than 2 years ago | (#37700022)

Even if you didn't enjoy his work, there's no denying his contribution to popular culture.

This may not be so good for Apple... (4, Interesting)

NimbleSquirrel (587564) | more than 2 years ago | (#37699388)

This could potentially work against Apple if Samsung go after the iPhone 4S on Oz. Precedent has been set, and it would be quite difficult for Apple to argue that an injunction shouldn't block the iPhone4S if Samsung decide to assert their hardware patents.

Re:This may not be so good for Apple... (4, Insightful)

beelsebob (529313) | more than 2 years ago | (#37699408)

Uhh, there's no precedent set here... It's the norm that if you're found to violate a patent that an injunction is given. Apple wouldn't argue that in injunction shouldn't block the iPhone 4S because that would be mean... they would argue that an injunction shouldn't block the iPhone 4S because they already licensed samsung's patents when they took out a RAND license on the 3G patent pool.

Re:This may not be so good for Apple... (1)

Anonymous Coward | more than 2 years ago | (#37699650)

As far as I know the judge didn't rule that patent violation took place, but until the ruling is made on patent violation Samsung can't sell the Galaxy tab.

Seems a bit strange to me... you know... "innocent until proven guilty"...

Re:This may not be so good for Apple... (2)

Loadmaster (720754) | more than 2 years ago | (#37700914)

I don't know how law works in Australia, so take this as an answer to your question that is applicable in the US but maybe not AUS. First, there is no "innocent until proven guilty" well anywhere except TV and armchair attorneys. It's "burden of going forward" and "burden of persuasion." But it's irrelevant here anyway. There is no "guilty" in civil court. It's liable not liable. Second, an injunction is not relief. An injunction is merely to maintain the status quo to prevent any irreparable harm while the court sorts out the case. Here, if Samsung could sell the tablet then what's the point of the case? If it gets released then even if an infringement ruling came down the damage is already done. You can't take back the Tabs. So the judge granted the injunction (which is not indicative of future rulings) to keep the status quo which was no Galaxy Tab in AUS.

HTH.

Re:This may not be so good for Apple... (-1)

Anonymous Coward | more than 2 years ago | (#37699592)

Yes this can work both ways. The end result of Apple's litigation spree will be that money that would have gone into R&D will now go to the various legal departments.

Re:This may not be so good for Apple... (0)

intheshelter (906917) | more than 2 years ago | (#37700062)

Or, conversely, the end result of Samsung's blatant copying is that money that would have gone into R&D will now go to the various legal departments.

Re:This may not be so good for Apple... (0)

CaymanIslandCarpedie (868408) | more than 2 years ago | (#37699626)

I'm wondering if the bigger mistake is the message to handset makers that if you use Andriod you get sued and products get blocked. Not just apple of course as there seems to be new suit against an Android maker every other day, but really have to wonder if at some point this becomes counter productive. Yes, Apple wants to beat Android, but what happens if you scare all the handset makers away from Android? Obviously they aren't going to stop making phones. Don't own one myself, but with good review the reviews of the latest windows phones, knowing MS will protect from any lawsuits, etc. Have to wonder how long until some of the phone makers doing well with Android find it too risky and just switch over to Windows phones? These suits from Apple could possible end up helping an even more powerful enemy gain traction.

 

Nice rant (4, Insightful)

SmallFurryCreature (593017) | more than 2 years ago | (#37699642)

Small detail... this has nothing to do with Android. Apple has a beef with the design of the physical phone, the packaging, the cabling AND Samsungs skin for Android. In this suit at least, they got no complaint against Android itself.

Re:Nice rant (0)

Anonymous Coward | more than 2 years ago | (#37699740)

Even smaller detail. This has nothing to do with mobile phones, it's a slate.

Re:This may not be so good for Apple... (2)

dbIII (701233) | more than 2 years ago | (#37699790)

I think Slashdot needs more categories than foes, friend and freaks so that we can put somebody in a pigeonhole and remember it's the guy that said "but with good review the reviews of the latest windows phones, knowing MS will protect from any lawsuits". Fair enough, they may be just a normal fan and not paid for the irrelevant fawning post (are there even any MS windows phone for sale in Australia at all?), but it would be nice if we can see they make a habit of it.

Re:This may not be so good for Apple... (0)

Anonymous Coward | more than 2 years ago | (#37700596)

There are 7 or 8 models of windows 7 phones out in Aus, and a heap more coming in a few weeks time. (I have a mozart, most of the guys where I work use the HD7 or the samsung omnia, most are converts from iphones, interestingly the guys using droid based devices have mostly stuck with their handsets).

Re:This may not be so good for Apple... (1)

whisper_jeff (680366) | more than 2 years ago | (#37699638)

Except:

1) Most of the patents Samsung is asserting over Apple are covered by F/RAND requirements and

2) As I understand it, Apple has already bought licenses to Samsung's patents through their parts suppliers who pay royalties to Samsung.

I don't think Samsung has as much of a leg to stand on as people think they do.

Re:This may not be so good for Apple... (0)

Anonymous Coward | more than 2 years ago | (#37699788)

Agreed. The Apple hating crowd loves to claim this is all foul pay but Samsung keeps losing in court after court in country after country. There is more there than 'rounded corners' whether to not people want to admit it.

Samsung trying to sue for infringement on F/RAND patents that were already licensed just looks desperate and weak.

Re:This may not be so good for Apple... (3, Insightful)

JasterBobaMereel (1102861) | more than 2 years ago | (#37700024)

Not losing ... Apple are winning an injunction which as long as they supply a valid looking case is automatic, this does not mean the actual case will stand up in court later ...Apple will have to prove that Samsung were trying to steal market share by copying

By the way Samsung do make money from Apple .... the iPad screen, processor, memory etc .etc is made by .... Samsung which is why Samsung hold patents on most of the technology, they designed it ...

Apple designed the iPad, but other people make it from mostly, off the shelf parts, most of them are made by Samsung, so unsurprisingly the Samsung Tab is made from mostly the same parts ... The only thing unique about the iPad is the physical shape and the desktop layout (which are protected with Design patents)

So why isn't apple paying the FRAND cost? (0)

Anonymous Coward | more than 2 years ago | (#37700256)

Oh, that's right, Apple's looknfeel patents are FAR more important and worth FAR more money and FAR more central to the operation of a FRIGGING MOBILE PHONE than merely "how to make photons wiggle" of the CDMA patents...

As to point 2, unopened software is still licensed and paid for and has been proven in court to be non-transferrable even if your company is being bought up. Therefore you'll have to prove that Apple bought the license with rights to make their own mobile phone through their suppliers. But case law, at the moment, says that there is no automatic transferal of licensing in a purchase.

Re:This may not be so good for Apple... (1)

NimbleSquirrel (587564) | more than 2 years ago | (#37700328)

1) F/RAND doesn't mean free. Apple effectively wants to pay nothing, and Samsung aren't willing to roll over. Nokia had the same issue and Apple settled with them before anything could be established in case law (for which no details have been made public - which has lead some to believe that Apple would have lost). Samsung have entered into patent cross-licensing arrangements with other manufacturers who license their patents. Samsung are claiming (amongst other things) that such cross-licensing deals are an established norm and can be considered both Fair and Reasonable in the industry.

2) Apple haven't brought licenses from Samsung. Just because their suppliers may have a license to produce components that are subject to those patents, doesn't automatically mean that that license carries on to Apple. It depends on the terms of the license the component manufacturers have. Samsung claim that Infineon didn't have any license, so if Apple used Infineon 3G chips how can they have a license?

Given that Apple have known about GSM/3G patents since before they released the first iPhone, yet continue to release products without sorting this license issue out doesn't give them as much of a leg to stand on as people think they do.

Re:This may not be so good for Apple... (0)

Anonymous Coward | more than 2 years ago | (#37700448)

(Posting AC from work)

1) I know what F/RAND means. I also know Apple doesn't want to pay nothing. Apple wants to pay Fair and Reasonable royalty rates. Nokia attempted to extract higher-than-normal rates and/or cross lisencing agreements )which Apple is not required to give), which is not Fair nor Reasonable. They went to court to determine what Apple should be required to pay. Apple was setting aside money all along knowing they would eventually need to backpay for the licenses but they weren't going to agree to Nokia's demands because they were not Fair nor Reasonable. As for Samsung claiming that cross licensing agreements are the norm and thus are Fair and Reasonable - well, they can claim anything they want, but they're wrong. Apple is under no requirement to license their non-F/RAND patents. Just as they weren't required with Nokia. That might be how other companies _CHOOSE_ to pay for F/RAND patents but it is not a requirement. The requirement is for Samsung to Non-Discriminatorily license the patents at Fair and Reasonable rates. That's it.

2) If your argument is that the parts that Apple uses aren't already licensed via the manufacturer of those parts licensing payments to Samsung, then I don't want to live in your world. If everyone in the chain has to pay licensing fees then products are going to become outrageously expensive due to the double-dipping. Your logic is so insanely, outrageously faulty it's impossible to argue beyond saying "you're wrong." So, you're wrong.

Re:This may not be so good for Apple... (0)

Anonymous Coward | more than 2 years ago | (#37700588)

Nokia case could be important. Samsung SHOULD subpoena Apple-Nokia deal so that they can see if Apple licensed these to Nokia. In that case, Apple's patents are F/RAND as well.

Samsung are a giant brute too (0)

Anonymous Coward | more than 2 years ago | (#37700354)

This is not big guy vs. little guy but a war of giants. The response from Samsung so far is really quite weak - mostly FRAND committed patents and I don't see that they should be able to get injunctions over these.

To those saying Apple is acting in an anti-trust way. Possibly it could be seen as anticompetitive but that is what the law says you can do with patents and what they are for. IF YOU DON'T LIKE IT FIGHT FOR A CHANGE IN THE LAW.

To those saying that most of the patents are obvious/maths/not novel or inventive that is a problem of the politics/law. IF YOU DON'T LIKE IT FIGHT FOR A CHANGE IN THE LAW.

It may be that the only way to get the law to change is to allow all out war plus mass suing by Lodsys and other trolls to really show the current law is as disastrous as we know it is.

Ugh. (1)

Bruce McBruce (791094) | more than 2 years ago | (#37699400)

This judgement delivered by JudgeBuddy for iPad. This is ridiculous. Singling out 5-10 patents which Apple Claims Samsung's infringing on, which are guaranteed to be covered by "prior art" with the hope of delaying a rival product until it's no longer saleable. Antitrust much?

Judgement could be used to ban ANY android device (5, Insightful)

dell623 (2021586) | more than 2 years ago | (#37699458)

The judgement is based on broad patents that would be violated by any Android touchscreen based phone or tablet in Australia [wordpress.com] This goes way beyond the German ruling as it is not based on a design patent. Apple can now ask for a ban on any android device in Australia and it will most likely be granted. You can't blame Samsung for asserting FRAND patents, this ruling has equal anti trust/monopoly implications as it grants Apple a monopoly on tablet devices in Australia and could be used to do the same with smartphones. Apple have refused to license these patents. Software patents are now hurting consumers directly, beyond the tax we have been paying on devices that goes to play patent trolls and patent lawyers e.g. the $5-10 on every android device that goes to Microsoft. Now they are being used to kill consumer choice.

Re:Judgement could be used to ban ANY android devi (1)

MichaelSmith (789609) | more than 2 years ago | (#37699512)

According to your link the issue is with multitouch. My LG android phone doesn't have that so it should be safe. My HP touchpad does and I expect HP would have been in trouble over that if they hadn't bailed from the market.

Re:Judgement could be used to ban ANY android devi (1)

msauve (701917) | more than 2 years ago | (#37700216)

Multitouch long predates Apple's patents, which amount to "we put multitouch on a flat screen device," as if that's not an obvious thing to do at the point where the cost/maturity make it economic/practical.

Re:Judgement could be used to ban ANY android devi (0)

Anonymous Coward | more than 2 years ago | (#37700754)

It's apreliminary ruling so the judge didn't get to see much of the prior art.
Check this, for example:
http://www.youtube.com/watch?v=UcKqyn-gUbY (2 years before the multitouch patent filling date, which was 2008).
OK, they have a hardware based patent from 2004, but there were multitouch capable displays before that AFAIK, even if not capacitive.

Based on that, I give Apple a slim chance to be upholded in the final ruling. They know that but are trying to make as much damage as possible and scare Android manufacturers to death before Google does to them what MS did some 20 years ago. Money is not important - they will pay damages, they have cash. At the moment they are trying to be as disruptive as they can, either themselves or through Oracle (MS is using the situation to cash-in on Android, hoping that Apple/Oracle will get it banned from markets).

Re:Ugh. (2)

pipedwho (1174327) | more than 2 years ago | (#37699608)

I'd like to see the Patent Office held liable for granting such ridiculous patents in the first place. The lawyers are just playing the game that they've been trained to play, and corporations being corporations are doing the same.

At least this is two big companies that can afford the legal costs to fight. Smaller players don't stand a chance. The real enemy here is the game that's being played.

Not quite the effect Apple might want but (0)

Anonymous Coward | more than 2 years ago | (#37699412)

I'll buy one of these now instead of an iPad and maybe you should too.

Re:Not quite the effect Apple might want but (2)

hedleyroos (817147) | more than 2 years ago | (#37699496)

I already did. I specifically chose the Galaxy because of Apple's antics.

Re:Not quite the effect Apple might want but (1)

zbaron (649094) | more than 2 years ago | (#37699634)

I'm in Australia and had a friend bring me a Galaxy Tab 10.1 from overseas. It's not a bad unit, good size and weight, the speakers are okay. However, the most loudly touted feature, "it has Flash for the *full* web experience", does not work. The Flash plugin does not work in the default browser!

Re:Not quite the effect Apple might want but (1)

niftydude (1745144) | more than 2 years ago | (#37699690)

Really? That's weird. I have one of the original galaxy tabs (7" version) and flash works just fine.
Can't imagine why it wouldn't work in the 10.1.

Re:Not quite the effect Apple might want but (0)

Anonymous Coward | more than 2 years ago | (#37699844)

I'm in Australia and had a friend bring me a Galaxy Tab 10.1 from overseas. It's not a bad unit, good size and weight, the speakers are okay. However, the most loudly touted feature, "it has Flash for the *full* web experience", does not work. The Flash plugin does not work in the default browser!

I'd consider that a FEATURE, not a bug.

Re:Not quite the effect Apple might want but (0)

Anonymous Coward | more than 2 years ago | (#37699820)

You don't like Apples antics of protection but you don't mind Samsungs antics of stealing...

Leverage (1)

garglebutt (766885) | more than 2 years ago | (#37699416)

With all these vendors tripping over each others patents it will likely result in a bunch of cross licensing.

Re:Leverage (4, Informative)

slydder (549704) | more than 2 years ago | (#37699544)

Actually no. The situation was stable and acceptable to all involved until Apple bought their way into the mobile industry. Standard practice was to, more or less, do what one wanted as long as the others could too. Certain licensing was required and the big boys held to that, but Apple doesn't want to play with/like the rest. Which more or less means that either they all get together and put a stop to Apple or they wait it out and let Apple deal with all of them one after the other.

Either way it's a lose lose situation for us.

Re:Leverage (0)

Anonymous Coward | more than 2 years ago | (#37699666)

yea, but otherwise, everybody praise that turtleneck Jobs. Especially after his dead.
He sure will not be missed by silent majority.

Gov't - because nothing is too small to screw with (4, Insightful)

roman_mir (125474) | more than 2 years ago | (#37699426)

All of these patent laws and copyright laws - all they do is promote innovation and competition, don't they?

Re:Gov't - because nothing is too small to screw w (-1)

Anonymous Coward | more than 2 years ago | (#37700768)

That's what happens when you let free market capitalists run government - they run government like they would run a free market capitalist business - for their own personal gain. Thus, stupid laws, stupid taxes, stupid spending, etc.

What we should do - short of total anarchy - is put the LAZIEST slackers in government. These slackers will not do anything - and thus, we get a government that does nothing - no screwing with the laws, no screwing with people's freedoms, no taking of people's money via taxes, etc.

Sometimes, insane troll logic is the best logic.

Re:Gov't - because nothing is too small to screw w (1)

roman_mir (125474) | more than 2 years ago | (#37700802)

Government shouldn't be allowed in business, saying that it is ran by 'free market capitalist' is obviously skewing the reality, which is that government is ran by those, who do not want free market capitalism (for themselves at least), they want to create and maintain a monopoly for themselves, captivating the audience (not customers - prisoners of the system), and when they get in trouble because they are not challenged by any competition in any way, they expect a government bail out.

Re:Gov't - because nothing is too small to screw w (-1)

Anonymous Coward | more than 2 years ago | (#37701048)

I'm not skewing reality at all. In fact, you're agreeing with me.

Yes, those running government do not want free market capitalism for themselves, and want monopolies - that is exactly how a free market capitalist thinks. Free market capitalist only wants free market capitalism for as long as it is good (the best option) for themselves.

Abandoning free market capitalism when it is better for themselves is the logical thing any free market capitalist should do. Such an opportunity often arises when the free market capitalist gets to run and/or influence government.

So again, let's just put some feckless slackers into "power" (it's mostly a figurehead status symbol, the slacker won't actually do anything - you don't want him to anyway). Insane times calls for insane troll logic

Apple showing its affinity for homosexuals (-1)

Anonymous Coward | more than 2 years ago | (#37699440)

Just as queers say "you can't have marriage as a normal institution between a man and a woman, you also need to encompass arse-bandits", so apple says "you can't have a free and pen tablet, you have to encompass our lockin"

Re:Apple showing its affinity for homosexuals (1)

Chrisq (894406) | more than 2 years ago | (#37699452)

I think you stretch the analogy too far

Re:Apple showing its affinity for homosexuals (1)

Barefoot Monkey (1657313) | more than 2 years ago | (#37699588)

I think you stretch the analogy too far

Oh no. You just used the words "analogy" and "stretch" in a reply to a comment about homosexuals. It suffices to say that the analogy will soon be stretched further. You have doomed us all.

Re:Apple showing its affinity for homosexuals (0)

Anonymous Coward | more than 2 years ago | (#37699624)

I think he's just trying to shoehorn in his homophobia to be honest.

Re:Apple showing its affinity for homosexuals (0)

Anonymous Coward | more than 2 years ago | (#37699808)

...and yet the news of Dennis Ritchie passing away goes largely unnoticed & uncared for by /. But carry on with your wonderful fun, you witty scamp.

down the drain (0)

Anonymous Coward | more than 2 years ago | (#37699444)

What ? Apple is still around ?
In a few years it will follow Yahoo down the drain.

Re:down the drain (1)

beelsebob (529313) | more than 2 years ago | (#37699448)

Oddly, people were saying this in 1990... Still hasn't happened.

Re:down the drain (0)

Anonymous Coward | more than 2 years ago | (#37699482)

It would have happened, too if Jobs didn't make a come-back. Not so likely in this case, therefore Apple is doomed despite their fat wallets. posting anonymously to protect my karma.

Evil business practice (0)

Anonymous Coward | more than 2 years ago | (#37699464)

This behaviour is blatant anti-competitor at the cost of consumer choice. Either way we pay their litigation tax.

Dennis Ritchie has just died (0)

Anonymous Coward | more than 2 years ago | (#37699480)

To hell with Apple and their litigious business practices. Ritchie contributed more to computing than Jobs ever did yet his passing apparently doesn't even warrant a mention on /.

 

Re:Dennis Ritchie has just died (0)

Anonymous Coward | more than 2 years ago | (#37699858)

Oh my god, there another programmer alive in here! Quick, you've got to evacuate! Try HackerNews or Reddit/r/programming, they're accepting refugees.

Open Request to Apple (0)

Anonymous Coward | more than 2 years ago | (#37699536)

I find this behavior distasteful, and it further alienates me from Apple culture and technologies. Cut this nonsense out and let Samsung sell its meager 200,000 tablets.

I don't care who just died (3, Insightful)

AbRASiON (589899) | more than 2 years ago | (#37699660)

This company needs to be knocked off their perch. ESPECIALLY as Australian people have a penchant for strongly following the rules of tall poppy syndrome.
Anecdotal comment: Out of the 50 staff I work with in my team in the office, we have had the following phone purchases in the past 12 months

1x iphone 4
5x galaxy S2
1x galaxy 1 series
3x HTC Android phones
2x Acer Android phones (surprisingly good, Liquid Metal phone - 120$ AUD outright!)
1xAsus Transformer
0xipads

Also of note, 2 of those Android purchases were directly moving FROM iphones to Android. If I increase that threshold to 18 months*, I can add another iphone 4.
The sentiment in the office and amongst all the nerds I know except 2 die hards is that "Apple is evil" and generally to be avoided. It's basically 'not cool' to own an iphone at the moment, at least with the people I speak with. (If you can't tell, I'm one of the converts)

I have in the past 12 months though, recommended an iphone for someone surprisingly. A girl who had an iphone 3gs she dropped it and shattered it, she's not tech savvy and already has an iphone with itunes backup, it would be silly to push my 'Android agenda' on the girl when clearly an iphone would suit here.
Flame comment begin: and to be genuinely honest, I see the iphone as the 'dumbest' of the smartphones, it's perfect for people like her because it's like the old Nokia 6110 of smartphones, simple and basic. You can't do much but you can't break much either. (Yes I genuinely believe that and I owned 3 of the things)

* and the guy who got his iphone 18 months ago is envious of everyones Galaxy S2, he's switching to Android at the end of his 24 month contract.

Re:I don't care who just died (0)

Anonymous Coward | more than 2 years ago | (#37699752)

For us, it comes down to personal preference and nothing else. The Android seems just as dumb as iOS and I honestly don't see the advantages of Android over iOS, at all.

My partner has a Samsung Galaxy S2, I have an iPhone 4. The Android unit is nice, but I don't see any advantages of it over what Apple is offering, we tried using the alternative app stores on the Android and we found them lacking anything worth getting, aside from that I don't know what it's offering that the iPhone isn't.

Re:I don't care who just died (2)

demon93 (197176) | more than 2 years ago | (#37699770)

I don't know what it's offering that the iPhone isn't.

It's not an Apple product.

Re:I don't care who just died (0)

Anonymous Coward | more than 2 years ago | (#37699824)

For us, it comes down to personal preference and nothing else. The Android seems just as dumb as iOS and I honestly don't see the advantages of Android over iOS, at all.

Mod parent +Informative - thanks for helping me in taking my decision: all things being equal, I won't buy a from a company that stops me from buying other products.

Other than that, who is "us"? Is there an AC association or something?

Re:I don't care who just died (0)

Anonymous Coward | more than 2 years ago | (#37699846)

Works both ways. In terms of capabilities, iPhone vs a mid-range Android... really, about the same. What one can do, so can the other. The iPhone does offer better iTunes integration, while the Android phones offer the convenience of USB mass storage device emulation, but little things like that are rarely a deciding factor in a purchase decision.

Re:I don't care who just died (2)

FireFury03 (653718) | more than 2 years ago | (#37699916)

For us, it comes down to personal preference and nothing else. The Android seems just as dumb as iOS and I honestly don't see the advantages of Android over iOS, at all.

My partner has a Samsung Galaxy S2, I have an iPhone 4. The Android unit is nice, but I don't see any advantages of it over what Apple is offering, we tried using the alternative app stores on the Android and we found them lacking anything worth getting, aside from that I don't know what it's offering that the iPhone isn't.

My fiancee has just bought a Nexus-S to replace her lost iPhone 3GS. what it came down to was basically price. For what she uses it for, which I imagine is what *most* people use their smartphone for (making phone calls, sending text messages, a bit of web browsing, calendaring, the occasional silly app) there really wasn't a lot of difference between an iOS device and an Android device. The iPhone 4 is about £500 whilst the Nexus-S is £300 - the hardware is pretty much identical (the only bits of note are that the iphone 4 has a higher res screen, whilst the Nexus-S has a bigger screen, and the Nexus-S has NFC) which makes the iPhone outrageously overpriced.

Personally, I wouldn't buy an iPhone because I don't want to have a locked-down device, but for most people this probably isn't an issue. But £200 just to get an Apple logo on the back seems a bit steep and with that in mind I'd question the sanity of anyone who bought an iPhone without some specific reasons why they need an iOS device (such as requiring some obscure app that isn't available for Android).

Re:I don't care who just died (1)

tyrione (134248) | more than 2 years ago | (#37699780)

Cry me a river. Invent a new market segment and drive it. Or drown your sorrows.

Re:I don't care who just died (1)

AbRASiON (589899) | more than 2 years ago | (#37699818)

I guess being litigious fuckstains now translates to "driving a market segment" good to know, thanks.

Re:I don't care who just died (0)

Anonymous Coward | more than 2 years ago | (#37699914)

don't hate the player, hate the game.

Re:I don't care who just died (1)

natd (723818) | more than 2 years ago | (#37700556)

I work in an office of 300 (company of 35,000) and all I see are iPhones for those who can and 'other' (mostly Android) for those picking the cheapest bundled plan. Most that I see arer iPhones, ie people actually using them as a smartphone. My wife put an open water bottle in her handbag in May and her 3GS was gone. Maybe my fault for thinking that charging it might help. Eitherway, with the iPhone 5 on the way I told her she had to get something non-contract to pass the time. The Galaxy S whatever has been enough for her to beg for a 4 regardless of what was coming. All she wants is a phone that hangs up when she asks it to, has a decent UI etc. I've put the time into rooting it, gingerbreading it, samgunghacksFTW.com'ing it (yes, i made that up) and had the Andriod geek at swimming tell me all about the kernel hack I need to apply that "everyone knows" that will speed up the general responsiveness but not the battery issue, but frankly I'm not interested. Junks Junk.

Sue the patent office? (0)

Anonymous Coward | more than 2 years ago | (#37699674)

These patents are obviously doing harm. I am not a lawyer, but is it possible to bring the patent office to court for the damage it is doing to society?

tax on inovation (0)

Anonymous Coward | more than 2 years ago | (#37699714)

The patent system is clearly broken and doesn't offer the clients of the patent system ( the public ( we create and fund this system for our benefit ) ) any benefit. Non of this stuff is innovative. "rounded corners' or Clicking things twice http://100777.com/node/820 isn't helping the people who keep this system up.
Edward Jenner "Jenner did not patent his discovery as it would have made the vaccination more expensive and out of the reach of many" and many others should be looked as heroes of mankind and not Steve Jobs.

In Australia, yes? (1)

bryan1945 (301828) | more than 2 years ago | (#37699930)

Make the lawyers fight it out in a cage filled with snakes, horny kangaroos, and drop bears. Last man/woman stand wins. It's the Aussie way.
(don't get all ruffled Aussies, it's just a joke)

Re:In Australia, yes? (1)

dbIII (701233) | more than 2 years ago | (#37700080)

Two lawyers enter, one lawyer leaves.
And we don't need another hero, just a tin of tuna :)

I'm with Apple (0, Flamebait)

amnfinch (693491) | more than 2 years ago | (#37699936)

Sorry I'm with Apple on this one, Samsung and the other Korean chaebol build market share by leveraging their outsized influence with the Korean govt. to basically exclude competitors from the Korean market. Despite a huge popularity of Apple products here, they are often prevented from launching for a year or more due to shady practices on Samsung/LGs part. Their telecoms, electronics companies, and even entertainment industry have zero respect for IP or copyright law, and it shows in how the relentlessly rip off ideas from other companies. Then they are surprised when their attempts to compete in international markets aren't well received or, in this case, are exposed as shameless ripoffs and smacked down by international patent law. Yeah, they make some good TVs and other electronics, but their ability to innovate is severely restricted (mostly by their stifling corporate culture and domestic cronyism) and that shows more and more the bigger they get.

It's just what US business does and some other pla (1)

dbIII (701233) | more than 2 years ago | (#37700222)

It's just what US business does and some other places too - copy whatever they see working. One thing that really drove that home from finally getting around to watching the movie "Cloverfield" tonight I understood where those dozens of productions with pointless shaky camerawork came from. It worked in one situation so there were dozens of copies. Most businesses are at heart extremely conservative so they'll gladly rip off what somebody else has done if they can get away with it.
It's not a Korean problem at all. That's just blaming the "other" or cheering for the home team and pretending it is so gets nothing done apart from annoying people of the nationality you are insulting.

Re:It's just what US business does and some other (1)

drsmithy (35869) | more than 2 years ago | (#37700400)

One thing that really drove that home from finally getting around to watching the movie "Cloverfield" tonight I understood where those dozens of productions with pointless shaky camerawork came from.

Blair Witch was the first (mainstream) film that kicked off that horrid form of cinematography, long before Cloverfield (and it has a lot to answer for because of that).

Re:I'm with Apple (0)

Anonymous Coward | more than 2 years ago | (#37700732)

So... how about that new notification system in iOS5 that looks a lot like the one in Android...

Re:I'm with Apple (1)

walterbyrd (182728) | more than 2 years ago | (#37700752)

If that's true, then siding with Apple will just promote the system that you descripe. Apple represents abusive monopolies through influence, corruption, and abuse of the patent systems, and legal systems.

I have a question (1)

Crock23A (1124275) | more than 2 years ago | (#37699978)

Apple is getting all of these PRELIMINARY injunctions; which potentially hurt Samsung big-time in the long run. If Samsung ends up winning the actual court battle, does Apple have to compensate them somehow?

Re:I have a question (0)

Anonymous Coward | more than 2 years ago | (#37699994)

Yes. They can claim damages.

Fight the Big Brother! (0)

Anonymous Coward | more than 2 years ago | (#37700392)

No, John. You are the Big Brother.

Madness (1)

msobkow (48369) | more than 2 years ago | (#37700470)

These childish patent wars have got to stop.

It sickens me that companies like Apple and Samsung are flinging patents around, while great men like Dennis Ritchie who contributed so much more to the world never achieved anywhere near the riches of these technology leeches.

What ever happened to competing on the merits of your product instead of the size of your legal team?

Want to fix the patent system? Deny the rights of corporations to hold patents. Only the actual inventor or creator, a real flesh and blood human being, should be entitled to a patent.

Re:Madness (4, Insightful)

msobkow (48369) | more than 2 years ago | (#37700476)

Until there's a way to put a corporation in jail, they should not have the same rights as people.

Boycott Apple (1)

walterbyrd (182728) | more than 2 years ago | (#37700776)

It sickens me that companies like Apple and Samsung are flinging patents around

Do not blame Samsung. This is 100% Apple's fault. Samsung is doing nothing more than trying to defend itself against an evil, abusive, monopolist. If somebody got mugged in an ally, would you critize that person for trying to fight back?

Re:Boycott Apple (0)

Anonymous Coward | more than 2 years ago | (#37701052)

Since you're boycotting Apple I'm going to go out of my way to get an Apple to offset it. I hope open sores burns and you get a taste of bitter fruit for it.
 
LOLZZ!!

Re:Boycott Apple (0)

Anonymous Coward | more than 2 years ago | (#37701084)

This is 100% Apple's fault.

In your opinion. In the opinion of some others, the percentage of fault is rather different.

Bigger Picture (1)

chrispalasz (974485) | more than 2 years ago | (#37700988)

Well there's a bigger picture, here. Apple is picking a few fights with Samsung in response to how Samsung is playing their cards in other markets. I'm a teacher working in South Korea, and it shouldn't come as much of a surprise at how dirty Samsung is stealing the rug out from under Apple, here, when the market WANTS Apple - both foreign and local. Samsung is a monster conglomerate that does pretty much everything... but it's also no secret that they, too, are guilty of bending laws and borrowing ideas (and designs) to get the jump on launching their products ahead of other more quality and tested products. Galaxy S has nothing on the iphone (except a bigger screen, I guess). SII is strides beyond S1, so they're on the right track... but still have a ways to go. And yeah, I have a bit of a chip on my shoulder knowing how Samsung basically copied ideas to throw their phone on the market before Apple could get past the import laws reasonably, ruining Apple's commitment to the Korea (that's the way I see it. There isn't a single Apple store in this country, yet).
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