The core of Apple’s litigation with Samsung stems from a very real problem: Samsung is getting stronger at Apple’s expense. Apple has resorted to litigation to offset this problem. If Samsung manages to take a bite of Apple, it wouldn’t be the first victim. The Korean company pretty much did the exact same thing to Sony in the TV market. While I could argue most of Sony’s problems originated in Sony, Samsung is clearly making these problems worse.
In the long term, the issue of copying can kill an industry, particularly with a company like Apple that builds markets. On the other hand, Apple needs to realize very quickly that it will need to up its game to overcome the issue, not just lawyer up. Samsung and others have learned to game the system. If Apple doesn’t adjust for that, it will end in deep, Sony-level trouble.
Apple was built on theft
Both Apple and Microsoft essentially built their businesses on technologies stolen from Xerox’s PARC. Apple took the ideas for the mouse and graphical user interface from Xerox, and Microsoft in turn took them from Apple. But this was almost a case of stealing someone’s garbage; Xerox’s PARC, like a lot of labs, didn’t have a clue what to do with much of what was developed. The company thought GUIs and mice were stupid and useless. You could also argue that, had Apple licensed these technologies rather than stealing them, it might have received exclusive rights and been able to block Windows in court. Of course, it’s hard to tell. Alternately, offering to license the technologies might have shown Xerox the value, and it might have charged Apple more than the fledgling company could afford. Or, it may have just licensed the technology to Microsoft earlier, which would have likely caused Apple to fail in the 1980s.
So Apple was built on theft, but it still performed the hard work to build the market. In other words, Apple’s investment to build PCs was much higher than Xerox’s.
Samsung is a better thief
Samsung doesn’t build markets. It enters after a market is built, then games it to take a leadership position. While this hasn’t worked with PCs (that segment is just too diverse now), it pulled it off with TVs, taking the market from Sony. (You could also argue Sony did the same thing to RCA.) Samsung also appears to have done it with smartphones like the iPhone, and it is trying to do it with tablets.
If you look at a Galaxy 10 tablet and hold it against an iPad, I think you will see that Samsung effectively made a better-looking iPad. A friend of mine bought one the other day and commented, “I can’t figure out how to get the damn thing to work.” While the appearance of the two products is similar – Samsung’s may even be better looking — the user experience with the Galaxy 10 is far worse. That means the consumer is getting screwed.
Now, you could blame this on Google, which clearly made a poor copy of iOS. But this is very different than what Apple initially did when it ripped off Xerox. Apple built the market with a ton of money and hard work. Samsung is attempting to steal existing value with an inferior product.
This is how Asian companies originally moved into automotive and consumer-electronics markets. They initially build good-looking cheap crap, and over time, improved quality so much so that Lexus is now the top-rated car in the US. Hyundai is trending to eventually match Lexus. Sony eventually displaced RCA and GE as top consumer technology providers, and in both cases accepted the responsibility to build markets with their leadership.
The Samsung problem
Samsung still appears to be slip streaming on the work of others. The company should be driving the TV market, but its leadership in the segment appears to have helped stall progress instead. Samsung doesn’t know how to drive markets after it conquers them, which isn’t great for consumers. If it significantly beats everyone else in smartphones and tablets, we would likely see those markets stagnate as well. That would be bad for everyone, including Samsung.
In addition, Samsung still seems to want to game the market rather than put in good value. It could do what Amazon did and create a massively improved user experience on their products to match or even exceed Apple’s, but that would cost money. It would rather let Apple do the work. To Samsung, “customer satisfaction” apparently just means assuring that no one gets vocal enough to drive away new customers.
Ultimately, Samsung beating Apple would be bad for anyone that loves high-quality products. For whatever reason, Samsung is still a knockoff company across the board. Its appliances look good, but typically have low customer satisfaction scores, and are very difficult to get repaired. Its TVs are good and inexpensive, but you look elsewhere for technical leadership. Its tablets and smartphones are attractive, but lag badly on user experience.
Why you should care
If Samsung wins yet another market, the products in it will drift into an uninteresting standstill. Love or hate Apple, the company fields a quality product, with arguably the best customer experience on the planet. Efforts like Amazon’s Kindle and even Google’s Nexus 7 at least try to match both build quality and experience quality. Microsoft is trying to go one step further with its Surface Tablets, and actually improve on the user experience. We can applaud all efforts, because they will drive the industry to improve and we’ll get better stuff at lower prices over time. Samsung represents a path where technology will stagnate and cost will rule the day. The result may still be lower prices, but they’ll suck the fun out of the market. I just don’t see how you could root for that.
The most recent legal battle illustrate that Apple is not set up well to defend against a company like Samsung, any more than GM was set up to defend against Toyota, or Sony to defend against Samsung. But it’s in all our interests for Apple continues to up its game and improve – and in its best interest too.
Litigation is a fall-back defense against a company like Samsung. The fact that Apple has to use it means it isn’t moving fast enough, and Samsung is able to get close. Samsung will eventually either buy RIM or do something else that removes litigation as an Apple weapon – they are good at gaming systems after all. If Apple isn’t moving faster by then, we’re all screwed.
Guest contributor Rob Enderle is the founder and principal analyst for the Enderle Group, and one of the most frequently quoted tech pundits in the world. Opinion pieces denote the opinions of the author, and do not necessarily represent the views of Digital Trends.
The amount of ignorance in the comments section and the inflammatory article…. This makes my skin crawl… As some of the better commmenters pointed out… Its the copyright / patent system that is broken…
Neither big company is totally in the right here… Apple mass marketed an easy to use smartphone… With that ease came limits to what it can do… He’ll I have a friend who won’t give up his old WinCE phone because he can do stuff on that 6 year old phone that both iOS and android have trouble with out of the box… And Samsung took an open system and made it look almost an exact copy of the iOS closed system… While Samsung is at least pushing the limits of the hardware and giving the consumer choice.. This is after they mimicked a competitor and built up a market around that… And then were forced to change… Apple has started the litigate instead of innovate phase as the market leader… They keep saying people don’t need “x” feature… Then android uses it, then they copy it, and claim to innovate…
No angels here…
Revisionist history. Apple never stole from Xerox. Xerox made an agreement with apple about developing a desktop OS before Steve Jobs had even seen PARC. in short it was licensed not stolen.
http://obamapacman.com/2010/03/myth-copyright-theft-apple-stole-gui-from-xerox-parc-alto/
So the law suite Xerox filed was a figment of the NYT’s imagination?
http://www.nytimes.com/1990/03/24/business/most-of-xerox-s-suit-against-apple-barred.html
Oh hell no. That litigation was the “right” to who can license. The argument is it should be Xerox who should be asked first and not Apple.
1)Xerox sat on technology gave it to Apple for stock.
2)Microsoft stole from Apple, Apple litigates,
3)Xerox got Angry since they started the whole GUI idea first and wanted dibs on the license sharing.
The difference is in context and timeline. Xerox filled that lawsuit -after- they gave apple a legitimate license and we all know what the courts thought about that.
You probably need to read up on this. I covered it at the time:
http://en.wikipedia.org/wiki/AppleComputer,Inc.v.Microsoft_Corporation
Hmm for some reason it truncated the link, let me try that again:
http://en.wikipedia.org/wiki/AppleComputer,Inc.v.Microsoft_Corporation
Sigh, try this:
http://tinyurl.com/ynu6on
I really don’t care which tablet I use as long as it works well and can use it to get shit done.
Apple and MS ripped off Xerox 20+ years ago. Samsung rips off Apple today. The whole world is built on ripping off others. No work is 100% original. Shakespeare’s plays were based on Ancient Greek plays. The Flintstones were based on The Honeymooners. Expecting all works to be 100% original goes against nature.
More competition always drives the market, not stagnate it. It also lowers end-user costs, because when products get more similar, proces tend to drop. It’s something seen everywhere.
I don’t believe the smartphone market is yet a commodity, so that products are undiferentiated – and probably will not become so in the next decade.
The lawsuit only appears because Apple is now trying to address the mid-market (mid-range phones) that are taken by Samsung and others and sees it’s high-end market being aggressively attacked by them.
Some have already pointed the patents problem, that is a real problem here, and also the fact that Apple undoubtedly markets very well it’s products and sources innovation both from inside and from the outside (even from Samsung hardware). Before the iPhone, Microsoft had already the WindowsCE and Windows Mobile for years, designed to be used with a stylus rather than a finger. And hands-off to Google, for creating a real iOS competitor.
To the author, I can only say that you were quite clever in making such a provocative and controversial article, getting a huge ammount of readers and comments. nice move.
@DigitalTrends The Galaxy s III is better than any iPhone I’ve had, which recently was the 4s, they’re way too limited, and the Galaxy Nexus is another nice phone. As for copying products, how many other ways can you make a square tablet? And is Apple (APPL) copying Samsung (005930) now because they’re using the larger screen? It’s all so ridiculous, and all in all… this article is overly biased, I fear you just might be, an Apple “FanPa.”
you must be kidding dude. so since ipad is out first means samseng is copying apple? You got owned dude.
Btw do you know iphone came out with white phones first before samseng copy. I am not a fanboy of android or iOS but android is overrated especially the phone price drop
lol yeah Im serious and Im not getting your point… Re-read what you wrote lol, and please dont say “you got owned” haha please… Because apple made there ipad design tablet, shoukd no other company be allowed to make a tablet? Apple is just setting the precedent, theyll be going after the smaller companys next, its rediculous, where does it end… but yeah i guess you got “über owned”
If Samsung truly markets an inferior product, such as this article claims, why would apple (the supposed top tier product) have any reason to fear it?
Because they allege that Samsung is just putting out a cheap copy. If you spend millions developing a marked you’d likely take exception to another company stealing what you built from you. Interesting to note that in Europe Apple lost because the Judge thought that the Samsung products were so bad only an idiot would mix them up with Apple’s. Irony in there someplace.
But, if you look at the timeline in the link below you’ll see how Samsung moved from making copies of Palm Treo and Blackberry phones to copies of the iPhone. It is pretty obvious:
http://www.ijailbreak.com/iphone/apple-vs-samsung-lawsuit-explained-in-three-images/
you didnt exactly reply to his very straight forward question or did u? the point is why is Apple feared by an inferior and allegedly copied product? Why does Apple believe such a product will be a threat for it? U r debating on why it is protecting its intellectual property? Well thats its right and thats not what the question of OP was.
I thought it was pretty clear. Because they believe it was stolen from them. They don’t want to compete against their own stuff. This the litigation. Lexus wouldn’t want to compete against Lexus knock offs.
Well if you were to invent the round wheel found commonly in vehicles today and then I was to copy your round wheel should I get sued? Would I need to create pentagonal shaped wheels just to not get sued? It can get a little far fetched this Apple vs Samsung patent battle and sometimes I think it is synonymous to my above example. Where does it all end?
I speculate that Apple is suing as much as it can because it realises it has hit its own innovation barrier so to protect its investment is must sue rather than innovate. That’s purely my opinion and everyone is entitled to one. Correct me if I’m wrong.
that’s the way i see it. i don’t know what samsung products rob is looking at. i’ve got a samsung galaxy note and my brother has an S3. my sister has an iphone and can’t wait to trade hers in. your point about the innovation barrier….apple is getting slaughtered by the samsung avalanche. why?….recently they make better and more innovative products. if i were samsung i wouldn’t worry about this lawsuit a bit. they’ll fly off and make some other game changer pronto. coconutz247
Yes if I invented the round wheel and patented it, you’d get sued if you copied it. The laws were put in place because large companies at the time would copy inventions and the inventors got screwed thus fewer inventors. Right now the process is a little out of whack because there is every chance I might invent the wheel (with no clue what to do with it) someone would buy that invention cheep, then wait for you to reinvent the wheel successfully so they could take part of the money that is rightfully yours. It’s kind of a mess.