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Home arrow In Brief arrow Apple v. Samsung : Bad old Apple v. Good baby Fish ?

Apple v. Samsung : Bad old Apple v. Good baby Fish ?

Written by ACM
Saturday, 01 September 2012





(A European NewsViewpoint)

Our 1st Computer was Apple, both at Home and at the Office, where we had convinced the Boss to "go 100% Apple" in almost all his IT machines.

It was Decades earlier.... and while Steve Jobs' anti-Monopol, anti-Big Corporation, pioneer innovative, iconoclast Spirit was still alive... As well as .. real Jobs for all People were almost everywhere around the marketplace.

But now, People are more and more fed up and find disgusting the Bureaucratic, narrow-minded, selfish and counter-productive Legal Harrassment that "Apple" notoriously abuses, down there at California, US, against Samsung's new products Worldwide, from SmartPhones to Tablets, etc., as recently revealed at Berlin in Europe.

Is it in order to stimulate even more the recently growing "Pirate" parties' grassroots Popular Movement, particularly among Young People, notoriously spreading from Sweden to Germany and many other EU Countries, before the forthcoming EU Parliament Elections of June 2014 ?

The sympahetic and innovating South Korean firm, which reportedly emerged from a Family-owned Small Business initially selling fried Fish, back in the 1930ies, has recently surprized by winning an award for "the Best SmartPhone in Europe", with the World-famous "Galaxy" series, that it is currently developping much further (f.ex., with the brand new "Galaxy Note II", just unveiled in Berlin), now adding also smarter Tablets, new digital TV-screens, etc.

Other Asian, (from Japan, Taiwan or China, etc) brand new products also emerge in the Digital market nowadays, while several European mainly Software, Internet, SmartPhone, Communication, or Network builders' ideas have also appeared in recent years, some being bought (as "Skype", etc), and sometimes curiously "killed" (as f.ex. the "AllTheWeb" search engine, etc) by one or another US buyer, or still developing further (as "Opera"'s browser, etc), in certain cases brokering TransNational co-production deals which might hopefuly help boost a Healthy Competition (f.ex. in SmartPhones), etc.

If "Apple Inc." wants to keep the "faith" of Millions of its former Fans around the World, and not cut the ties with the New Generation, (much more motivated by the "Open Source" World-wide Movement, unless well-deserved, radical Innovation might really justify an initial period of more or less "Exclusivity" for some brand new products), it should NOT abuse of repeated, oppressive Lawsuits against innovative Developers and other competitive Producers,


... particularly if they sell their products generally in much better Prices, affordable to Young Students, Small and Medium Businesses, Poor Old People, Communities and other Non-Profit organizations, etc., contrary to the Scandalously High, often prohibitive Prices, that "Apple Inc." notoriously attempts to impose Worldwide, even during the current Global Financial Crisis, which alreaddy provokes manifold Social sufferings and deprivations to a widening number of People in many Countries, even developed.

+ Considering also that such "Bad old Apple" aggressive harassment by systematic and repeated oppressive persecutions against innovative competitors, even threaten to seriously aggravate the already Dangerous "Digital Divide", recently deepening between Nations, Social Groups, Families and Individuals World-wide, it might be a Good idea to try to save any .. "Good baby Fishes", thanks to a growing Popular Movement, and even from a well-interpreted Legal point of view (f.ex. against "Abuses" of "Dominant Positions", in certain key segments of the Market, f.ex. certain categories of Smartphones, Tablets, etc), as well as .. (why not ?) through the United Nations' politically supported "Millenary", Development, and other legitimate Goals, including, naturally, the necessary Fight against the "Digital Divide" in the contemporary Information Society, etc., which is, by the way, headed by ... South Korean UNO's Secretary General, Ban Ki Moon, (recently re-elected for a brand new term in office until 2016)...

A UNO-led "Peace-keeping" operation, not only in Syria or elsewhere, but even in the "Digital Front", to protect People and Businesses from Brutal Abuses of Legal Oppression, prohibitive "Walls" by Excessive Prices, and other unjustified Monopolistic behaviors, etc., might become soon necessary, even at the SmartPhone/Tablets/Computers' battle-area ..

Particularly when a growing number of sincere People are really fed-up by some counter-productive Abuses of those who might have become unable to discover anymore anything really New, and fell back into selfishly attempting to keep an Unpopular quasi-Monopol based on claims from the Past, and currently do nothing more than merely repeat, again and again, almost the same ... "Apple I-Phone No 4, or 5, or 6, or 7, or 8, or 9, or 10, etc..", apparently aiming to reach ... even "the year 2525", (as the famous Song of the Sixties said, when the Initial, former Pioneer and iconoclast, anti-Big Corporation "Apple" Spirit was emerging and alive, fighting hard struggles vis a vis IBM's former quasi-Monopolistic domination, in the Past), without anything else, but merely reiterating just another, routine "Press Release", among so many similar in the Past, anouncing that ... 

- "Hold on guys : "Old Apple's I-Phone "No ...2525" is, at last, Out !"....






Samsung: Apple trying to limit consumer choice

By YOUKYUNG LEE | Associated Press – 5 hrs ago

SEOUL, South Korea (AP) — Samsung on Saturday accused Apple of resorting to litigation in an effort to limit consumer choice after the iPhone maker said it was seeking to stop the sale of Galaxy S III smartphones in the United States.

Fresh from its $1 billion court victory over Samsung Electronics Co, Apple Inc., in a separate case, asked a federal district court in San Jose, California, on Friday to add four more products to a list of Samsung goods that Apple says infringe its patents.

The new list of 21 products includes Samsung's flagship smartphone Galaxy S III as well as the Galaxy Note, another popular Android phone. If the court finds those devices are infringing Apple's patents and irreparably harming the U.S. company, it could temporarily halt sales in the U.S. market even before the trial begins.

The latest accusation is part of a larger, epic struggle over patents and innovation in one of the most lucrative consumer electronics sectors that is unfolding in 10 countries.

The biggest stakes are in the U.S., the world's largest smartphone market in 2011. Last month, a jury in the San Jose court found that Samsung had copied Apple's design innovations and Samsung was ordered to pay Apple $1.05 billion. Samsung has vowed to appeal the verdict, all the way to the U.S. Supreme Court if necessary.

On Saturday, Samsung denounced Apple's attempt to halt sales of the S III, which hit the 10 million global sales mark in July, less than three months after its release.

"Apple continues to resort to litigation over market competition in an effort to limit consumer choice," Samsung said in a statement. "We will continue to take the necessary legal measures to ensure the availability of our innovative products in the United States."

The strong sales of the S III were crucial in driving Samsung's quarterly profit to a record high in the last quarter and helped it stay ahead in the worldwide smartphone market.

In documents filed with San Jose federal district court on Friday, Apple said 21 Samsung smartphones, media players and tablets released after August 2011 were "copycat products."

"Rather than innovate and develop its own technology and a unique Samsung style for its smartphone and tablet computer products, Samsung has chosen to copy Apple's technology, user interface, and innovative style," Apple said in one document.

The Cupertino, California-based company claimed that Samsung is illegally using its eight patents. One patent is related to the way the device retrieves information in a computer system and another is about gestures on a touchscreen display to unlock a device.

Apple and Samsung are the world's two largest smartphone makers and together they control over half of the global market. They are embroiled in similar legal tussles in Asia, Europe and the United States.

In April 2011, Apple first accused Samsung of illegally copying Apple's design and technology in the smartphones powered by Google Inc.'s Android technology. Samsung countersued, arguing Apple's iPhone and iPad used its wireless technology without permission. 




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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.

+ ECHR's Statistics on Freedom of Expression (See below).

 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas

- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.

(See also earlier News at "EuroFora" on similar issues).

ECHR's Statistics on Freedom of Expression :

    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    


2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?


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