Reflections on Apple v. Samsung Trial

What with the verdict of the trial being very much in the favor of Apple, it seems that Samsung (and by connection Android) has lost a major battle last week. But the issue isn't so easily defined. As a Android fanboy, I am rather surprised with myself on how I can step back and have a looksy at what is happening and what this means.

First, it is clear to me that BOTH Apple and Samsung have actively and repeatedly infringed on patents that each holds. The validity of those patents are, in some cases, questionable. But that is really a question of whether the system is broken or not. It is VERY clear to me that the system is broken. Having participated in the application process for several patents I can tell you that it is long, drawn out, and is more about bring money into a governmental agency than protecting the rights of the inventor. In the case of Apple and Samsung I have seen ample evidence that both are more interested in "knocking out the competition" rather than protecting intellectual property rights. If anyone thinks that this conclusion in court is the end you have another thing coming. This is likely to drag out for a very long time. The fact that the jury was very much slanted towards Apple rather than doing as the South Korean Judge did and smack both upside the head just means that life for Android and iOS users is going to become rougher for US residents at least.

And that leads to my second point, this ruling can be taken one of two ways. Either this will make life worse for consumers or better. It could really go either way and since I don't have a crystal ball I really can't tell you which. Either this case will set a precedent of enforcing a monopoly through the courts, or it could result in an expansion of innovation that is greater than we have already seen. My big issue with Apple fanboys is that they claim that Samsung did no innovation and "stole" everything from Apple. That is crap. Just like its crap to say Apple hasn't "stolen" anything from Samsung or Android. The competition that Android, and by connection Samsung, brought to the table has made both operating systems better in both the long and short run. To claim that Apple (or Google) has an exclusive on the ideas and innovations that have come about is as ridiculous as claiming that Ford should have had exclusivity on making cars back in the day. Competition improves the market place. The fact of the matter is that Steve Jobs, and by connection Apple, has it in for Android simply because the creators dared to challenge the Apple ecosystem. And ecosystem that was intentionally limiting until recent years. The main reason Android has so much power is because Apple refused to deal with anyone other than one wireless carrier per country. While I am not sure of the other carriers in other nations, I can tell you that having worked for AT&T in the past, it did more harm than good for AT&T and its users to have the iPhone as an exclusive. Let's be clear here, I am not an AT&T spokes person, I just was the poor smuck who handled the customer service calls on poor coverage and crappy service etc. By Apple refusing to deal, the other carriers realized that Android was the next big thing. And Apple is still doing the same when it comes to T-mobile. If Apple really wanted to be supreme in Smart Devices, they should have been available on all carriers and services as soon as they could. In either case, my point still stands. Apple may have started down a road of innovation, but Google made it better and by doing so made Apple's product better as well.

Finally, the ruling was in many ways very fishy. The fact that evidence such as previously existing ideas and images that far proceeded the iPhone and iPad were disallowed as evidence. The fact that Steve Job's statements of wanting to go nuclear on Android. The fact that there is very much a bias in the public's eyes all make me question the validity of the ruling and the use of a jury. As an example, the other day I was having a conversation with a friend. He told me to get out my iPhone and search something. He knows I don't have an iPhone so I corrected him. His response, "Same difference..." The problem we see here is that there isn't. iPhone is a brand. If he had said, "Get out your smartphone," or to use an older term since he was older, "Get out your PDA," then there would be no need for correction. Smart devices have been around much longer that the iPhone. Apple just made them hip and trendy. Personally, I think that the case should be retried. I think if there is a jury, it should be a jury of unbiased experts. I think that in reality that both parties have intentionally wronged the other. I think this entire thing was really one big farce. In the end all I see coming out of these trials is increased cost for the consumers. I see a failure in our patent system. I see that in the end no one wins and everyone, include innovation, loses.

What the Hell Google?!?!

To start with, I want to say that the Google I/O event was awesome and I really wish I could have been there. Watching it on YouTube is just not the same. I am super excited about the Nexus 7, Jelly Bean and even Project Glass. The updates for Google+ and all the other stuff was awesome as well, BUT...

The Nexus Q

What the hell is this thing?!?! It looks cool. It sounds cool, but in reality it is either a little ahead of its time or a lot behind on understanding human psychology! If you haven't heard, this little device hooks up to you speakers and TV and lets you play things from your Google Play and Cloud accounts. In theory  this sounds nice. Not so sure about the practice. Let me break it down for you.

Android Only

You can use your Android device to control this thing. That's it! Hey, I love Android, but there are other devices out there. While I dislike Apple greatly for their big bully behavior towards Android OEMs, they still make a great product, and the lack of support of iOS devices means you are leaving people out in the cold. The reason I love Google is because they don't play the Apple game. Seems to me like this is an attempt to do that. 

Music Ques

Using your Android device you can control and create music ques with you Google Play music. It sounded like you could also port your existing music into the Google Cloud so you could use that music too (up to 20,000 at no cost). All of this is nice, but they added the ability for anyone who has and Android device to control the music. Now there is a nice side to this in that I could share my music with friends without them having to buy said music while protecting the copyright of the band, but they forgot about human nature. Maybe its because I was enjoying Malcom in the Middle reruns when I found out about the Nexus Q, or perhaps its because I great up with 6 siblings, but I' fairly certain that giving all users equal access to the device and allow them all the ability to interrupt the current song is a disaster waiting to happen. 

Limited Ecosystem

The Google Play store is awesome, but there are so many countries where it or psrts of it are not available. Now this may be because of the studios, or governments, or heaven knows what else, but it is limited. Also, the fact that you have to have a Google Play compatible device is a big limiter. Netflix has the right idea. Make it compatible with all devices and there won't be any issue of limits. But why would I cough up $9.99 for a digital copy of a movie when I can buy the DVD or Blue-ray and make a backup copy? Now, if Google Play were offering an All You Can Eat option like Amazon Prime or even Netflix, that is a different story. But this device is currently limited to Google Play. I can get more out of my Logitech Revue than out of this thing because at least the Revue works with Pandora, Netflix and Amazon Prime.

The Final WTF: The PRICE

This device is $299! Sure its running a dual core processor. Sure it's cutting edge, never been done before, blah blah blah blah blah. BUT $299!!! Considering all the options we the people have in the electronics market I say save your money. Buy an amp and hook in a Nexus 7 tablet. You'll likely have just as good and experience and save $100. Either that or wait until the price drops or more functionality is added because at this point, its nice, but not I NEED IT nice.

There is Hope

The Nexus Q runs Android 4.0, Ice Cream Sandwich. It was designed on the open source mobile OS that is taking the world by storm. In the Keynote for Google I/O 2012 the presenter encouraged hacking it! That is awesome. Perhaps this little device could bloom into something we do NEED. But at this point I'm thinking you should invest in Pocket TV or a Google TV box if you want to enjoy the Google Ecosystem without the premium.