Tuesday 4 September 2012

Apple Versus Samsung

I have been following the Apple Versus Samsung saga with regards patents and infringements. I have had quite a few discussions with people and watched various movies while also dealing with lawyers vicariously. At times I find the law extremely frustrating as it does not always take into account common sense. At times even though you are right, it does not necessarily mean you will win in court. There are times when the law does not protect the intended as there is a loophole or the law is either so vague or too specific and the common sense element does not come into play. I watched A Time to Kill the other night, and somehow common sense should have come into play and put something into context but it could not be discussed or entered into evidence during that movie, due to a technicality. Watch the movie - it stars Samuel L Jackson, Matthew McConaughey and Sandra Bullock and you will fully understand what I am saying.

I also find it absurd that a court case, back to Apple Samsung, that has so much at stake is not being held in a neutral place. Apple is based in California, where the court case was heard and decided upon and Samsung is not. $1 billion will have to be paid out in damages and now certain phones may not be potentially sold in the US due to this "infringement" which ultimately leads to less choice for the consumer. To put this further into perspective, Xerox had the original designs that Apple used. If Apple can do that to Xerox, why not Samsung to Apple?

One thing that I cannot do is blame Apple for seeking damages awards as they are simply playing by the laws that are in place regarding infringement. Samsung would do exactly the same, if roles were reversed, because that its the law.

We are quick to blame the bankers for lending to people who had no chance of paying the money back as it was all about hitting targets. Were the bankers greedy? - to a degree yes -were they allowed to do this? - to a degree yes. If you were paid for hitting your targets, with no consequences of how you got to those targets would you have done the same? Hopefully, no. Are traits of integrity and honor and "doing the right thing" overridden by making the bottom line look good?
 The system is at fault and therefore needs reviewing.

I found an article in the LA Times and is definitely worth taking the time out to read this. Apple Versus Samsung

No comments:

Post a Comment