Un-intellectual Property
Your comments about this column are welcome ~ e-mail Josh at
Week of 6.3.2012
More columns
written by Josh:
Josh Lee
The Spectator
founded 2004 by ron cruger
A place for intelligent writers
A place for intelligent readers
Lawyers need jobs. The courts need cases to oversee. And tech giants need something to
spend their millions in revenue on. Enter the patent. Now enter
You probably don’t know
much about the patent wars going on between Microsoft, Google, Apple, Yahoo, Motorola, Samsung, and all those other guys. You probably
don’t know because no one except the lawyers and countless courts of justice really do.
Here’s the general plot: Apple sues Samsung because their phones look alike. Samsungs came out second so of course it copied Apple!
That infringed on Apple’s intellectual property (patent filings) and so Apple sued Samsung. And then, feeling
all big and mighty, Apple decides to sue Google because Google copied it’s operating system! And then, next thing you know, Microsoft
is suing Apple, Google, and Samsung; and then Apple is suing Microsoft, Google, and Samsung; and then Samsung is suing Google Apple,
and Microsoft. And, of course, Motorola, feeling left out, finds something it thinks Samsung, Apple, Microsoft, and Google are infringing
on and then sues all of them.
And the patents that these companies are suing over are minute
details. Apple sued Google for using a slide-to-unlock feature on Android. There went a hundred million. Apple sued Samsung for making
their phone look the same. There went another hundred million. Motorola sued Google for using a “reply” email feature. There went
another hundred million. Google sued Apple for having a mapping feature. There went another hundred million. Sure, maybe the technology
behind it is patented and what not but there’s always a loop hole and it’s not like Samsung isn’t cloning the iPhone.
It’s just one big mess of patent wars that have traveled the country from state court to state court, from federal court to supreme
court and to every court but the tennis court. One judge sides with Apple against Samsung, so then Samsung goes and files an appeal
all while already suing Apple over something else anyway.
Apple then files to halt imports
of Sammy’s phones and tablets into the United States, England, Germany, Australia, anyplace it can think of. Samsung appeals and the
injunction is overturned and import can resume. Then Apple gets all red and steamy and goes and files for another one. Samsung in
turn files again. Then Google decides that it wants to file an injunction too and then of course Motorola sticks its nose into the
fight.
And now here’s the reason you don’t know about any of this: it doesn’t matter at
all.
It really doesn’t. None of this affects anything about how you use your Apple, Samsung,
Google, Motorola, or Microsoft products. None of it affects your life. The government can’t come to your house and demand that you
turn over your iPhone because Apple lost a patent suit. No. Apple has to deal with it themselves.
And dealing with it isn’t something that any of these companies are good at. When Apple launched the iPhone back in 2007, they technically
weren’t supposed to use the iPhone name. The term “iPhone” was trademarked by someone else. But that didn’t deter them from doing
so. They’d just hire a team of lawyers and fight it out in court later. The same thing happened with the iPad. “iPad” was trademarked
by someone else, standing for something else. Apple used it anyway and ended up in court later on.
But going to court for these big guys is like being sent to the principal’s office in elementary school. What’s the worst that could
happen? Apple has to pay a few million in fines? Big deal. Their lawyers’ fees probably cost more than that. And besides, you know
those billions of dollars in revenue that they rake in every quarter? That will cover it, no sweat.
It’s the same story with Samsung, Microsoft, Motorola, and Google. These companies have billions of dollars. They can spend a few
hundred million fighting a lawsuit. That’s petty cash. Courtrooms are like casinos for them. You gamble on a lawsuit. You might win
a few million back, you might lose some more. At the end of the day, you just go home and shrug it off.
That’s disgusting.
These companies have all that cash to throw away on lawyers? That must
mean they’re overcharging for their products. It’s either that or they’re printing their own money. I don’t have a problem with people
going to court over trivial stuff.
And in the end, competition is good. If Android hadn’t been
invented, if Samsung and Motorola hadn’t started making phones to compete with the iPhone, the iPhone wouldn’t be nearly what it is
today. Sometimes I think that technology is moving too fast for us to keep up. But then I imagine what it would be like if it never
advanced at all.
And, I’m sorry, but other people having a slightly similar slide to unlock mechanism
is not a huge deal.