26
Aug
samsung_v_apple

This is the latest in our Weekend Poll series. For last week's, see Is Your Primary Android Device Rooted?

In the (annoyingly) highly-publicized case between Apple and Samsung, it took the jury just a few short days to come to the conclusion that Samsung had infringed on many of Apple's patents. The trial is certainly far from over (and there are doubts about how much attention the jury paid to detail, given that they answered 700 questions in 3 days). Still, that Samsung has to pay nearly $1.05bn in damages to Apple is likely to shake up other Android manufacturers no matter how the case plays out through the inevitable appeals.

It's hard to say what will happen from here. Will Tim Cook's Apple fulfill Steve Job's desire to see Android wiped off the map, or are they content to simply have made an example of the most egregious and successful of imitators? No matter how they proceed, the outcome of this case is certain to have an effect on the industry. With Google now in the fray via proxy (Motorola) because there's no reasonable avenue left, and numerous other similar cases raging on around the world, it's difficult to say what the legal effects will be.

samsung_v_apple

We can speculate on what the overall effect on the industry will be, though. Will the ruling spur innovation, encouraging new ways of interacting with our devices and the changing how they convey information,  or will it have the opposite effect? Will this lead to half-solutions and workarounds that will ultimately prove detrimental to Android? Perhaps you think that it will be a combination of the above - or even that there won't be any real outcome at all.

Sound off in the poll, then head down to the comments to discuss.

What Effect Do You Think The Samsung v Apple Case Will Have On The Industry?

View Results

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Aaron Gingrich
Aaron is a geek who has always had a passion for technology. When not working or writing, he can be found spending time with his family, playing a game, or watching a movie.

  • Tom

    Apple wins at marketing, no one else comes close, and that's the advantage they have. Other companies phones and tablets will bypass whatever Apple can muster up ('borrowing' from Android included), and many devices already have bypassed the lesser Apple products. Apple better get used to being number two.

    • Nicholas Loomans

      lol, I'm hoping they'll eventually become 3rd under WP or Tizen.

  • solomonjets

    It will only help drive innovation I think. Samsung screwed up with their early phones but they've proven they can make a non apple clone with the s3 and it be successful. Instead of playing catch up with apple companies can realize they have to come up with their own ideas and pass them up.

    • http://bostongreekgeek.com/ bostongreekgeek

      Interesting how you feel other companies have to come up with their "own" ideas when Apple still has not come up with one of their own... they have not invented a single piece of hardware and take every idea they find in the market and patent as their own!!

      • solomonjets

        While you're exactly right it doesn't change the fact that Apple just won in court with those same patents. Aside from a big patent system overhaul this is how things will be for a while and companies will have to work around it. As I said I think the S3 is proof that its possible and I'm excited to see what other companies can produce that dodge Apple's patents and make it where Apple can't sue the shit out of OEMS. That's when they will have to compete side by side with other devices and won't be able to use their pate ts as weapons.

  • Adam Epstein

    Android Police publishes dozens of articles about the case, and then calls the high publicity level "annoying".

    • http://www.androidpolice.com/ David Ruddock

      I'm pretty sure that's Aaron's opinion on the matter. Also, dozens? That's a little bit of hyperbole. We published a fair bit, for sure, but this is probably the most important piece of tech litigation in the last decade, and it's directly on-point with the content we cover.

      I find some legal stories around Android are over-covered, but I don't think it would be easy to overstate the importance of this case in particular. Aaron may think we got a little caught up in it, but I can't say I agree. It's best to look at statements of opinion like that as the author's, not everyone here at Android Police.

      We value letting every author here give their thoughts on the issues unfiltered, whether most of us agree with those thoughts or not. We like to think it's part of what makes us awesome.

    • AaronGingrich

      You can't tell me that it's not annoying that the case has dominated every tech site for the past few days?

      And yes, it is certainly hypocritical to make a poll about a topic I said is overpublished. But to me, it's worth it to see what the general consensus is on the topic.

  • Jackson

    I think it will both hurt and help. The big players have the resources to rethink their approach but the smaller companies barely scrapping by or to small to afford a situation like that will flake out and start cutting corners and producing half assed products.

    • btod

      apple isnt suing smaller companies. they're not a threat like samsung is.

      • alexx

        Oh yeah? you need to check up on that, Apple destroyednumerous small businesses that only ran locally even, and apple took their sales revenues. It's disgusting! All Droid OEMs need to unite and crush that rotten apple! android evolves faster with new ideas than Apple can patent anyway !

    • Nicholas Loomans

      When Apple starts charging you $30 per device so you can have scrolling and zooming I think even the big boys are gonna struggle.

  • http://www.beling.de/ Thomas Beling

    Design may change, because Apple owns most geometric shapes. But the software? Google-Now, Google Plus, Google Hangouts, Google Docs, Google Drive, Google Maps, Google Search, YouTube, Chrome Browser etc. All this is implemented into Android. Do we find the same in the iOS?

    • Cheeseball

      All of those Google products (except for Google Now) are already existing for iOS. They're just not implemented directly in the OS.

      • Ionut Costica

        They're not actually implemented directly into the OS on Android, either. They just come pre-bundled on most Android devices (i.e. there are Android devices that don't have them).

      • ssj4Gogeta

        Makes you wonder how many of these services would be available on multiple competing platforms if they were owned by Apple.

        And a slight correction, Chrome for IOS is just an IOS webkit wrapper because Apple won't allow third party browser engines.

  • varun

    Nothing will change. Plenty of legal motions for both to still go through, and by the time the case is eventually, finally, decided, several years from now, the devices in question will be a footnote in history. In the meantime, Apple will keep doing a once-a-year update, Samsung will continue churning out phones, and the proxy war will continue as Google collects patents.

  • Tony

    Apple sucks

  • hungub

    Samsung will continue to release phones like they always did, still with touchwhiz. But like on the s3. The only provlem will be that multi touch thing... there is no workaround here

  • Mousey

    Android's always been ahead of the curve in innovation implementing technologies like nfc and visual search before apple so much as dreamt the idea, all that will happen now is android manufacturers will be pushing their technology even faster so it gets out the door in front of apple purely to protect. themselves, sooner or later apple will be backed into a corner and will have to legitimately buy the rights to implement innovations other manufacturers have already pushed out. That will mean apple will get a reputation as the bandwagon catcher and android will steam ahead again

    • http://twitter.com/ShadowriverUB Shadowriver

      Don't underestimate Apple, they can always popup with ideas which shape this market, thru im not sure if they gonna handle without Steave Jobs, it's not first time Apple is without him and last time they produced lot of fails.

      As for NFC... i think everyone should be happy if they gonna implement it in iPhone ;] it would be huge boost for adaption of this technology. I actually expect them to do it considering they made that ticket app that yell by it self to implement NFC for it

      • http://www.facebook.com/lucyparanormal Daniel Tiberius

        I'm glad they're implementing it, but I'm afraid it'll work with the iOS app and not with any of ours on Android.

  • http://www.facebook.com/jusatin Jussi Ahonen

    I hope this would be the beginning of the end for identical smartphones, which sadly don't think is true..

  • makapav

    Samsung got what they deserved. Their management is unethical, crass and lacks complete class. They will copy anything falling to the level of Chinese kirfing.

    All other android manufacturers are not trying to be an Apple look-alike in their strategy to succeed.

    I have no respect for Samsung, they fuck their customers and rip others off everyone else. This fine has little to do with stifling innovation.

    • Jeremy Gilliam

      Was the "f" word really necessary?

      • http://twitter.com/T_Whiz T-Whiz

        It's always necessary when you don't have an actual point.

        • makapav

          You must like not getting updates on your completely capable Galaxy series of phones or a non-functioning GPS on your $500 equipment.

          No wait, you were too smart for that. You just avoided purchasing Samsung stuff after reading some of the reviews beforehand.

          Now, you're just here to troll.

      • makapav

        Now look what you did there son... you shamed me into conforming!

  • mduran1023

    I'm not sure how I feel about this case. On the one hand, some of the trade dress patents are just rediculous.

    But on the other hand, I do feel that the early Galaxy phones were really similar in look to the iPhone.

    Secretly though: I really wish this would push OEM's away from skins and encourage them to use the stock Android UI (which has pretty clearly been making changes to get away from some of the things that were infringing).

    It'll never happen, but I still wish it would...

    • btod

      i completely agree. apple is most certainly using litigation, not innovation, to hurt the competition, on the other hand you can't argue that the galaxy s1 wasn't an iphone clone. I didn't get it specifically for that reason (I have the iphone design).

      • Nicholas Loomans

        I have a Captivate, but it was a happy coincidence that that is the model that worked on Telecom in New Zealand. My Mum got an i9000T which looks like an iPhone only when you can't compare them together. If you know how an iPhone feels in your hand or if they are put together they start to be very dissimilar.

        • Animejay

          I had the vibrant. I liked the phone, but the first thing I thought when I turned it on and wen to the app draw was how similar it looked to the iPhone, but w/o the button in the states.

  • Shaun McCarthy

    I think it'll drive companies to try harder on their devices. If they can't let their devices look anything like an Apple device it'll be up to them to make something definitively better or fail entirely. I think Samsung at least is more than capable of designing a product that would destroy any iOS device and I can't wait to see what they make next. Apple's time is over :)

  • Mr. Pig

    I want to eat that apple and turn it into poop.

    • http://bostongreekgeek.com/ bostongreekgeek

      It already is poop

      • John O’Connor

        wouldn't that be iPoop? and I did.

      • Finaldeath

        Lol i was about to post this when i read mr pigs post.

  • Kurt Wurmser

    It'll hurt Samsung more than it will Android. Apple can't wipe Android off the map -- the problem for Apple is that open will win out over closed. Take the PC era. Microsoft wasn't open source, but it was always much more businesslike about licensing to OEM's than Apple ever was. PC manufacturers rose and fell, but over time, the Wintel line defeated Apple resoundingly. Why? Because anybody could order some parts, start putting PC's together, and start selling them. (Michael Dell started putting PC's together in his dorm room.) Competition works. Adam Smith trumps Steve Jobs.
    Also, as much money as Apple has, it can't fund a war on ALL the other phone manufacturers forever -- there's no guarantee that Apple will always prevail, and there's always the potential for retaliation. (Notification bar, anyone?)
    Let's take the absolute worst case scenario -- Samsung, HTC, LG, all of them stop producing Android phones and walk away from Android. (Not likely.) Apple STILL wouldn't dominate the market in that case, because instead of producing Android phones they'd produce Microsoft Windows phones. (Feel free to shudder.) Over time, open will always beat closed, and Apple is as closed as it gets. They cannot win.

    • http://twitter.com/ShadowriverUB Shadowriver

      Open not always win. There still no successful open game console and probably never willbe (im not counting OUYA here which it's more Google TV device with game pad then game console with higher end hardware), as this market makes most profit from licencing.

      • Kurt Wurmser

        Open doesn't necessarily mean open source. Take Microsoft. They gave away their SDK for free when OS/2 was charging $600 for theirs. They would work a licensing agreement with any PC manufacturer. They weren't open source. Nor were they saints. But they wanted one piece of the pie (the OS), let other companies take care of the hardware, and others wrote software. Apple, on the other hand, wants an entire vertical monopoly.

    • http://www.facebook.com/amirkn AmIr Persian

      I'm with you on "Notification Bar" dude,
      one of the most useful features of android is the innovative bar which literally controls everything on your phone and even my fanboy friends regretted seeing me have that in my hands, Apple directly copied it in their OS and no one sued them, why? because that's how google rolls, they create and invent services for people and let them upgrade their lifestyles bu freely using them, (google search,translate, maps, earth, drive, docs, etc..) and lets others enjoy the whole idea.. compare the policy and greatness of the concept of something like Notification bar to "rounded corners" !! and you'll know the company's thought-line.

  • Ronald

    leave apple alone, i mean literally , the little respect i had for them , is gone :D
    patents over rectangular phones with rounded edges , are you serious ? :P

    • http://twitter.com/homncruse Aaron Burke

      The USPTO is very serious indeed.

  • Ubermartin

    technology is all based on using what we have learned and improving on it. The idea that apple can patent one finger scrolling and pinch to zoom and rotate is absurd. it would be like patenting shoe laces and only Nike can use them. Or Patenting the use of color. Its retarded and holds back innovation. To Move forward companies have to rework and redo current tech now before innovating. Innovation will now be a secondary goal. The prime goal will now be to avoid being sued. All because Apple had tantrum because someone beat them at their game. Maybe we should patent mouse movements. Hmm lets patent the single click. I thought Apple was ok. Now i F&*^%$# HATE APPLE. Go GOOGLE .

    • Nicholas Loomans

      Thank God someone who knows enough about the case to talk about the patents and not just their trade dress. The trade dress is something the industry can overcome, patenting what are essential movements of your fingers that are very natural and HAVE BEEN USED IN DEVICES BEFORE as evidenced IN A VIDEO PLAYED TO THE JURY... rah!

    • DCMAKER

      true true but also UPS trademarks a color lol

    • http://twitter.com/rawdeadfish rawdeadfish

      as much as i agree with you on the patent stupidity, i have to say that now companies will have to innovate in order to get new products to the market, and if the innovations are good (webos and microsoft metro style good) then they will come out ahead in the end.

      ps. hate apple too, but not just because of this.

  • Jon Garrett

    I hope Samsung appeals and wins. I don't understand how apple fans don't see this as apple wanting a monopoly. we all know monopolies NEVER benefit the consumer.

    I hope apple gets so big and so arrogant that the Government decides to step in and dismantle that company.

    • JeffinPA

      This would not be historically unprecedented. AT&T comes to mind.

      • http://www.facebook.com/lucyparanormal Daniel Tiberius

        What did they do to AT&T?

  • Thx84

    So what? It's more that Touchwiz sucks and that Samsung blatantly ripped off Apple (espacially for the Galaxy S). I would worry for the next lawsuit on the Galaxy Nexus, which runs stock Android. If Apple wins that suit, than it's really bad for Google and the Android ecosystem.

    • http://twitter.com/PCSievers P.C. Sievers

      Apple would be insane to tackle Google directly in the same way it has with Samsung. There is a reason why its just nibbled around the edges of Google whilst its tried to take a huge bite out of Samsung.

      • moelsen8

        I really hope you're right.

      • Deltaechoe

        Apple is smart enough not to open that Pandora's box, Google has a number of Nukes just waiting to be used

    • Joris

      They'd be really stupid if they did that... It doesn't even have the rectangle design like the iphone nor does it have a flat surface... (curved screen)

      • fuark

        Its does have that rectangle shape, but a different thickness and curved back is not the same. Rectangle shape refers to a head on look at the device.

        • DCMAKER

          also a bezel -_-

  • http://twitter.com/PCSievers P.C. Sievers

    Apple theoretically owning pinch to zoom in America will wake the sleeping giant Google and like a Lovecraft old one the Google when woken will devour the Apple. It seems impossible to me the 1 billion judgement can even stand with some of it being directly unconstitutional (a company cant own a layout of icons) and the jury has openly admitted they had no clue what they were doing.

    In any case America is one small part of the market. It may stifle what American consumers get but it wont effect the rest of us in the rest of the world, especially in places like my Britain which has ruled against Apple in similar cases. Manufacturers will continue to innovate and Android phones will continue to dominate but Americans may be stuck using nerfed and crippled versions of these same devices to avoid infringing pinch to zoom and rectangles which Apple apparently now owns.

    • DCMAKER

      but EU is another story...Germany is horrible about patents

    • http://www.facebook.com/lucyparanormal Daniel Tiberius

      I'll just buy my phones from overseas then.

  • Ron

    Apple brought all the copying on themselves by having that exclusive deal with At&t for so long. If other carriers had the phone from the beginning Samsung might still be playing catch up

  • SK

    There are a lot of variables to take into account here. Will Google finally jump into the fight? Will they try to invalidate the patents thru a proxy lawsuit through Motorola? How far will Samsung take the appeals now that we see the jurors talking? It's essentially too early to tell. I'm sure it has caused some OEMs to consider branching out on the OSes they ship.

    • http://twitter.com/ShadowriverUB Shadowriver

      Arent Motorola already preparing for there patent attack?

      • http://www.facebook.com/lucyparanormal Daniel Tiberius

        They already lost one or so about wifi patents.

  • Joris

    If I was google, I'd patent the shit out of new things and annoy apple with it. Let other manufacturers use them but charge or deny apple the use of them!

  • Nick V

    It's hard to tell what the outcome will be. My only "feel good" about the verdict is that the Foreman hasn't shut his piehole, and is explaining that Samsung needed to feel the pain, or that he was the one who swayed the other jurors, and that because of him, they did not need to go through all the questions.

    I hope that this gives Samsung the ability to have the verdict dismissed. I am no lawyer, but it smells like this was a fanboy who got onto the jury, swayed the jurors and helped reach a verdict.

    • Nicholas Loomans

      I don't think he was a fanboy, but a dominant person who made up his mind on gut feeling from the start rather than actually listen to evidence and weed out propaganda.

      • Nick V

        Either way, he had his mind made up beforehand, and swayed all the other jurors with his "so called" knowledge. By portraying to the others information that they lacked, he lured them in and sculpted their opinions.

        He has even admitted to swaying the other jurors as well as not going over each of the questions in depth. Samsung should be able to have a field day with this.

  • grv

    No impact on anything ..samsung king forever..

  • http://twitter.com/Alankrut Alan Patel

    I dont like Apple at all. I do not own a single apple product.
    But there is one thing I am ready for because of this case.

    Android Phones will stop looking even a bit similar to the iphone. What i mean is Samsung's and LG's 4 icon dock on launcher, silver lining, etc.

    And after that all of this happens, maybe manufacturers will start to implement Google's UI design suggestions, thus leading to a better experience for all.

  • Rob H

    This may lead Samsung to revamp or possibly ditch Touchwiz to eliminate those similarities to iphone/iOS. IMO Google needs to tell Samsung, HTC, LG, and the rest of the companies that run Android that they(Google) will control distribution of the Andorid OS(ie: like Apple does) starting with Jelly Bean.

    On the side of the trade dress, the original Galaxy S phone look similar, BUT do not duplicate any iphone fully, ie: single round "Home" button. And I don't see how any of the S2's can be claimed to look like a iphone. S2's are further apart from the iphone than the original Galaxy S phones.

  • Mike Loomis

    Here is what I see happening. It will spur innovation, if for no other reason than Apple has left their competitors no other choice. Jelly Bean is already a better OS than Apple's, and with dozens of companies trying to make their Android product stand out I would bet something obviously better and easier - either software-wise, hardware-wise, or both - will come of it. At that time Apple's iPhone will be an afterthought product and Apple will be the company that will try to copy to keep market share. The ultimate irony will be Apple's own trial will let a company, maybe even Samsung, sue the pants off of Apple...unless of course it is Apple that comes up with the next best thing, but they are seriously outnumbered.

    • http://www.facebook.com/lucyparanormal Daniel Tiberius

      Outnumbered, but never outgunned.

      Sorry just wanted to say that.

  • fedup

    Everyone will be getting patents on everything, whether apparent to practitioners or
    existing prior art, and they will probably be awarded such since the uspo will be swamped with applications. Let the rise of the lawyers begin! Who needs skynet?

  • fcuk

    every body knows who stole to who and innovation is just a lame excuse to steal anothers idea. just goes to show that they cant "innovate" with their own idea, they cant even give a good design. even their new apps have been downloadable from play store for free. Eg. "Super video" and the worst part is that they act as if they actually thought of that.

  • pman

    it will spur innovation, and apple will have more to steal from android

  • andrew__des_moines

    Congressional action is needed to get a reign on software interface patents. Hopefully, this spurs that. In addition, international trade bodies need to bring the hammer down on the US on this one.

  • DCMAKER

    if it doesn't get over turned and thrown out it will hammer the industry and destroy innovation and progress. But if it gets over turned it will bring the industry in the right direction towards progress and right many prior wrongs

  • Superchango

    If apple is right then Samsung should take every TV manufacturer to court for everyone copied the "led tv", cos Samsung was the first to have one. Don't you think

  • anywherehome

    SHOCKING!!! The jury didn't want to "bother" about 100 % evidence against Apple:
    "It didn't dawn on us [that we agreed that Samsung had infringed] on the first day," Ilagan said. "We were debating heavily, especially about the patents on bounce back and pinch-to-zoom. Apple said they owned patents, but we were debating about the prior art [about the same technology that Samsung said existed before the iPhone debuted]. [Velvin Hogan] was jury foreman. He had experience. He owned patents himself. In the beginning the debate was heated, but it was still civil. Hogan holds patents, so he took us through his experience. After that it was easier. After we debated that first patent -- what was prior art --because we had a hard time believing there was no prior art, that there wasn't something out there before Apple.
    "In fact we skipped that one," Ilagan continued, "so we could go on faster. It was bogging us down."

  • adarshlakshmanan
  • tea

    i think this is bad light for apple :/

  • Tee

    I think the only way to go on for Google is to polish the UI onwards. After all, Jelly Bean is quite far away from iOS now, much farther than GB was. And the direction has been the right one, what comes to usability and layout.

    Personally I think Samsung could've avoided this by their own actions in the past. What's common sense (rectangles with rounded edges) is not always the reality in the patent world.

    So this is not a bad thing, in the long run.

  • onpoint G

    I came to realize ...this is an stupid Apple world and we just
    live in it.

  • http://www.facebook.com/vivecuervo7 Isaac Dedini

    I think this will stifle AND spur innovation. While phone manufacturers will be limited in what they can make for fear of Apple trying to sue them, they will be forced to innovate in other directions. Which may be good, and may be bad,

  • http://profiles.google.com/k3gman Keg Man

    If this lawsuit sticks and truly stifles android's industry, think about the super big picture 5 years from now. Samsung has a gigantic head start and patents with TV's. Apple will pay a lot to get into the TV business. Samsung should release a rounded rectangular shaped TV just for kicks next year. What other products will apple struggle with moving forward?

    Assuming the android industry sticks together, think about the future with patents going forward. You have HTC, Motorola, Samsung, LG, Sony and Google getting patents vs Apple getting patents. It will probably only be 5 years before apple has little to none of their own features built into their phones because the industry essentials are likely to come out of every company but apple based on sheer numbers alone. If apple doesn't give up on their business model of being the only ones making their phones, they probably will be paying a lot of money in royalties.

  • InvaderDJ

    The only positive to this is that OEMs improve their skins to get around the patents, and hey maybe some of them will get their heads out of their ass and go with stock Android which is made by actually competent software engineers who have put forth effort to make sure that it doesn't step on other people's patents (as dumb as they may be) while still being functional and slick looking.

    And if Samsung has something it thinks it does so much better than Google they can contribute to AOSP like Sony has.

  • George Rogers

    I think in the short term it will stifle inovation, but in the long term it will foster innovation because it is Mutualy Assured Destruction and the laws will change in response.

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