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Samsung could be fined billions for trying to ban Apple products in Europe

0. phoneArena posted on 26 Dec 2012, 15:27

Korean manufacturer Samsung is staring at fines potentially in the billions of dollars after trying to get Apple devices banned in Europe using its FRAND patents as leverage; additionally, Google wholly owned Google subsidiary Motorola faces similar charges trying to get a ban placed on the Microsoft Xbox 360 while holding patents on Wi-Fi and the H.264 video standard...

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posted on 27 Dec 2012, 14:31

80. sprockkets (Posts: 1611; Member since: 16 Jan 2012)

and to add to that to clarify, they are part of the EU but did not go with the whole euro currency.

posted on 26 Dec 2012, 16:32

14. diggie (Posts: 4; Member since: 29 Nov 2012)

I might be misreading this but I think what the EU argument is is that Samsung is trying to enforce a sales ban and that what should happen is that Samsung should (and I believe they are) take them to court if they can't agree on fees but that no sales ban should be in effect before a court rules on the case. I don't think the issue is them trying to get money.

Now of course Apple has the money to fight a court battle but the procedures here set precedent. If company A has FRAND patents and company B wants to enter the market and use those but company A won't license on what they believe is a fair or reasonable price then the recourse is court. If company A is able to get a sales ban on company B's products before a court hears the case then it allows company A to abuse its power with regards to FRAND patents.

Should Samsung be fined 10% for this? Heck no, but they should get a slap on the wrist just show that this is not how this should be done and there is consequences.

posted on 26 Dec 2012, 22:41 1

56. MartyK (Posts: 932; Member since: 11 Apr 2012)

But Company B can not decide to use Company A product and refuse to pay them; This is pure theft (taking of another person's property without that person's permission or consent); FRAND or Non FRAND.

If Apple feels Samsung is not being fair, then take them to court BEFORE they use Samsung Products.

For any Country to over look this little (Stealing) thing they prosecute regular citizen for; well, let's say Apple brought EU, like they did Judge Koh & California.(IMHO)

posted on 27 Dec 2012, 03:40

60. mrochester (unregistered)

That would allow Samsung to beliberately hold up the entry of new products into the market, thus damaging the market and abusing their position (which would result in another fine).

posted on 26 Dec 2012, 16:54 2

17. someones4 (Posts: 625; Member since: 16 Sep 2012)

Corruption and hypocrisy rears its ugly head

posted on 26 Dec 2012, 18:47 4

26. jroc74 (Posts: 6019; Member since: 30 Dec 2010)

Yea this sounds kinda wild. Samsung wants X amount of money, Apple says no....whats the next step? Keep going lower until Apple is happy?. And forget about what Samsung wants? Why dont the judge or somebody qualified just look at the price Samsung wants and say yes or no?

posted on 26 Dec 2012, 20:19 2

46. tedkord (Posts: 13819; Member since: 17 Jun 2009)

How? That was the plan here in the US, and Apple stated that they world not honor the judge's decision if it was over $1 per device. Apple are not interested in either fair or reasonable. They want free.

posted on 26 Dec 2012, 22:32

55. jroc74 (Posts: 6019; Member since: 30 Dec 2010)

Thats a lil different then. lol So what is Samsung supposed to do, give in to Apple? The total amount is probably really high because Apple sold so many devices. Oh well...

If Apple did say that...they really are the definition of arrogant. But Apple can try to charge $15 - $20 for round corners and bouncy backness.

posted on 26 Dec 2012, 21:24

50. corporateJP (Posts: 2458; Member since: 28 Nov 2009)

Common sense would dictate that, but government red-tape is bull****.

posted on 26 Dec 2012, 19:20 2

34. Whateverman (Posts: 3284; Member since: 17 May 2009)

Kinda seems like the better the technology, the less protection your allowed to have? Yeah, this sounds really stupid. Tell Samsung "No", come up with a price both parties can agree on, and just keep it moving. No need to fine them.

posted on 27 Dec 2012, 13:12

76. mrochester (unregistered)

It's not to do with whether the technology is "better", it's to do with whether the technology in question is part of an internationally ratified standard or not.

posted on 26 Dec 2012, 16:14 8

10. Cynipap999 (banned) (Posts: 138; Member since: 15 Nov 2012)

Why should Samsung share its' innovations with a limited OS?!
Apple started this war, now Samsung will finish it.....

burn Apple, BURRRNN!!

posted on 26 Dec 2012, 16:53 4

16. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)

Oh hush man...please

posted on 26 Dec 2012, 17:19 4

19. nwright94 (unregistered)

You guys are getting bad. Like the one androidisboss saying 9/11 and sandy hook was iOS's fault. What is wrong with you guys?

posted on 26 Dec 2012, 18:11 2

25. Cynipap999 (banned) (Posts: 138; Member since: 15 Nov 2012)

9/11: Several Terroristic Psycopaths
Sandy Hook: One Sociopath
Intellectual Property Wars: The iDevil

posted on 26 Dec 2012, 18:47 2

27. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)

U continue to make absolutely no sense man.

posted on 26 Dec 2012, 21:51 1

53. stealthd (unregistered)

Because by agreeing for their patents to be standard, they don't get to choose who does and who doesn't get to use the patent. That's the whole point of having standards, to not let one company dictate an industry.

posted on 26 Dec 2012, 16:28 2

13. darac (Posts: 2156; Member since: 17 Oct 2011)

This is seriously sad.
It needs to stop and I honestly hope it's just a warning slap on the hand for Samsung that will make all companies pull their sh!t together in the future.

What's the worst of it - it CERTAINLY would've never come to this had Apple didn't started it in the first place with far worse things like asking for a product bans because Samsung refused to pay ridiculous fees for utter insulting nonsense of rectangular shapes and icon colors.

posted on 26 Dec 2012, 16:53

15. ogy_dogy (Posts: 453; Member since: 29 Jun 2012)

Who the f... cares anymore??? they should stop issuing patents altogether and let true freedom and innovation take place, all this patent cr@p is only hurting the end consumer...

posted on 26 Dec 2012, 17:58

22. therealestmc (Posts: 455; Member since: 23 Jul 2012)

you think people going to invent things fire others to use free of charge. I don'tknow what universe you folks are living.

posted on 26 Dec 2012, 18:51 1

29. ogy_dogy (Posts: 453; Member since: 29 Jun 2012)

Sadly in the same one as you, but i am wishing for a universe where one could not licence a shape, a color or anything as generic as that. Granting patents for a new type of engine or something major like that yes, but a rectangle with rounded corners, a notification hub, a animation, that is just plain idiotic....

posted on 26 Dec 2012, 18:52 1

30. jroc74 (Posts: 6019; Member since: 30 Dec 2010)

Linux, Open Source.

posted on 26 Dec 2012, 19:59 1

43. Zero0 (Posts: 592; Member since: 05 Jul 2012)

Multiple problems:

1. Some of the patents in questions aren't inventions (i.e. most of Apple's patents)
2. The rest of them are standards-essential, and legally required to be licensed at a _fair rate_. (i.e. not whatever absurdly high rate Samsung wants to charge Apple, so that Apple refuses to pay and gets sued by Samsung.)

posted on 27 Dec 2012, 06:19 1

65. tedkord (Posts: 13819; Member since: 17 Jun 2009)

Fair means the same the as everyone else. We don't know what rate Samsung offered. I find it much more likely that Apple wanted a special rate lower than anyone else. Sort of like with their book price fixing.

posted on 27 Dec 2012, 07:35

70. mrochester (unregistered)

Fair doesn't necessarilly mean the same rate as everyone else. It isn't just money that changes hands, it's access to technology that can form part of an agreement too. Otherwise, you have no idea what you're talking about since we aren't privvy to any of the agreements.

posted on 26 Dec 2012, 17:25

20. chrisjdon (Posts: 18; Member since: 16 Dec 2011)

i agree

posted on 26 Dec 2012, 17:51 1

21. lumia920 (Posts: 112; Member since: 27 Nov 2012)

this is nonsense.... rotten apple....

posted on 26 Dec 2012, 18:56 2

32. samystic (Posts: 231; Member since: 25 Mar 2012)

Nokia must be laughing

posted on 26 Dec 2012, 18:58 1

33. dan86 (Posts: 298; Member since: 17 Mar 2012)

I don't get whats so ingenious of apple in creating a slab with rounded edges? And rest is pitiful story we know about iDevice.

posted on 27 Dec 2012, 06:20 1

66. tedkord (Posts: 13819; Member since: 17 Jun 2009)

It wasn't so revolutionary the year before when LG Prada was released.

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