Apple vs. Samsung: Is Android copying
the iphone's software?
A massive
patent trial between the two tech giants begins, with the Cupertino company
contending that the Korean manufacturer's phones are blatant rip-offs
Apple and
Samsung are going head-to-head this week in a high-stakes patent case that
could have far-reaching implications throughout the industry. At the heart of
the legal battle between the two smartphone makers is Apple's contention that
Google's Android operating system, which runs on Samsung phones, illegally
copies software and design features from the iphone and ipad. The late Apple
visionary Steve Jobs famously vowed to destroy Android for allegedly ripping of
the iphone's design and interface, and said he was willing to spend "every
last penny" in a "thermonuclear war" against Google. Here, an
abridged guide to what's been dubbed "the patent trial of the
century":
What does Apple want?
The iphone
maker is seeking more than $2.5 billion in damages for alleged patent violations,
and wants to prove in a federal court in California that the evolution of the
South Korean electronics manufacturer's own smartphones was "no
accident," as the company states in its court brief. "Rather, it
results from Samsung's deliberate plan to free-ride on the iphone's and ipad's
extraordinary success by copying their iconic designs and intuitive user
interface." (See side-by-side comparisons of the phones here.) Apple plans
to argue that Samsung's mobile devices changed abruptly after the original
iphone debuted in 2007, and hopes that a victory in the courtroom will block
the sale of Android phones and tablets that infringe on iphone patents.
What is Samsung's defense?
Samsung
plans to show at least 10 iphone-like designs that were already simmering in
its labs prior to the iphone's release. Samsung also contends that "Apple
seeks to stifle legitimate competition and limit consumer choice to maintain
its historically exorbitant profits." Samsung is also filing
countercharges, claiming that Apple allegedly infringed on the South Korean
company's patents relating to how phones utilize photos and music.
Does Apple really want to take down
Samsung — or Google?
Many
tech-world insiders believe it's the latter, as phones and tablets (like
Samsung's) that run on Google's Android operating system are outpacing the
iphone in sales. Indeed, Google is the "elephant in the room," says
Jessica E. Vascellaro at The Wall Street Journal. But patent lawyers say it's
easier to make a case for monetary damages against hardware manufacturers, as
there's ample evidence that Samsung profited off phones and tablets that
allegedly ripped off the iphone's key features. Google, on the other hand, is
harder to sue because it gets most of its revenue from online ads and partnership
deals — not from the phones themselves.
What happens if Apple wins?
The
International Trade Commission could potentially block the sale of many Android
products. And if the judge finds that Samsung's alleged violations were willful
— meaning that the company deliberately copied Apple's designs — the total
damages could easily triple to more than $7 billion.
What if
Samsung wins?
"A loss
for Apple, conversely, could sustain the spread of competition that has made
Android the No. 1 smartphone operating system," says The Wall Street
Journal's Vascellaro. There's also a chance that Apple and Samsung will both
"finally come to their senses" and settle before the jury gets a
chance to deliberate, says Matt Macari at The Verge. "With so much at
stake, and so many issues on the table, there's no doubt this is going to be a
crazy, whirlwind trial."
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