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by statictype 5039 days ago
Suing another giant tech company over legitimate patents is ethical

If you don't like the way a company is legally and ethically running it's business, then change the law. Don't boycott the company who is succeeding best at working within the framework provided.

You seem to be confused about the difference between 'ethical' and 'legally allowed'.

1 comments

No, I'm not, and the reason you think I am is because you're not looking at the whole picture. Apple invests it's shareholder dollars in R&D on the promise that they will return on that investment. Apple spent years getting it right, and then Samsung copies the work and spits out a competing product in a fraction of the time. Apple is suing because Samsung stole ideas, and Samsung is leveraging it's business on Apples R&D.

Now, I don't think ideas or design should have a monetary value. But if you live in a world where ideas have currency, then stealing ideas is theft. We need to change the laws so ideas are free to all men. Apple isn't the problem, it's simply the best at navigating the problem.

Galaxy S3/Note/Nexus have nothing in common with Apple R&D. Just because Samsung is providing better mousetrap to the market does not mean that it is riding on Apple.

Btw, the first cellphone was made by Motorola. The first cellphone with MP3 player was made by Samsung. Is Apple riding their R&D?

That's incorrect, the first cellphone with MP3 playback functionality was the Siemens SL45, introduced in 2001. I used to own one, it was a fantastic phone for its day.

The Samsung SPH-M100 (aka, the 'Uproar') was the first cellphone that could play MP3s from internal memory, as the SL45 required a MultiMediaCard, but it was beaten to the market by Siemens.

That said, this all comes down to FRAND vs non-FRAND patents all over again. I truly believe that this distinction is something that needs to be clarified or even completely removed if we're going to make any progress on patent reform.

Of course they are, but they are paying licencing fees to use the features that they are. Otherwise they would be sued.
They were sued and the jury found the U.S. case found no violations at all.
"Samsung is leveraging its business on Apple's R&D."

Samsung is leveraging its business on Google's R&D. With Google's consent. Fixed that for you.

Well, absolutely, Samsung is leveraging Google's, and many companies R&D. But R&D isn't cheep, intuitive, or obvious. Blackberry decided not to copy Apple very much, still created some great phones from a product view and they died. Nokia copied not at all, and they're not doing too well. HTC copied a little, and they are doing okayish. Samsung copied a lot more and is doing the best. My argument is all ideas should be free. We should adopt the good ideas globally so every phone copies the best ideas. You get an inventors monopoly for as long as it takes to reverse engineer. In our current product cycles, that's ~2+years. All problems solved.
Just be clear: Large 720p screen, curved design, stylus are all characteristic iPhone features on which Apple spent years getting it right and then Samsung copied?

Because these are the devices that are being sued here.

I don't know, I'm not a patent lawyer. I'll let the experts figure it out.
So you think executing and leveraging wrong laws is excuseable?

There are lot of examples in mans history where this was not the case. This is another one.

Not only excusable, but encourageable. It's a LAW. It's maliable. If it's wrong, fix it. The reason we have them is to govern what we can and should do.
So executing the Nuremberg Laws was encourageable?
You're missing my point. I'm not really arguing about which billion dollar company did or didn't copy trivial/non-trivial patents from another billion dollar company.

You seem to think that anything legally allowed is ethical. That if Apple has an obligation to their shareholders to do X and X is legal, then it's totally ethical for Apple to do X.

That's not what ethical means.

Since ethics isn't fixed, then what watermark do you suggest to define a universal ethics. It's like euthanasia, is it ethical for a doctor to commit murder if it's to stop terrible suffering? It was ethical to own slaves, but not ethical to have them work on a Sunday. Nowadays, having staff work Sundays is ethical (although your probably a jerk) though it's no longer ethical for them to be slaves.