This post is about the Apple vs Samsung case. OK, so it’s late to the party, but I had a couple of comments thrown together and the Apple-hate that is being tossed around the internet lately made me rethink a couple of them.
Let’s consider why people are upset. It turns out Wikipedia has a pretty good factual summary of the legal battle, which started in 2011 and is actually still being fought in a couple of different countries. The gist is that Apple sued Samsung for a variety of infringements: “patent infringement, false designation of origin, unfair competition, and trademark infringement” (from the Wikipedia article). What many people are getting from this is that Apple acted unreasonably and most are outraged that they would sue over things that appear as petty as the rounded corners on their icons. To a certain extent, many people also see this behaviour as bullying, because Apple is the biggest-ever US company.
Remember, however, that companies are not individuals, but rather that they are made up of many individuals. In fact, Apple has over 60000 employees. Many of the daily operational decisions will be made by largely unconnected departments, which includes Apple’s legal department. I can only assume that they employ very good ones. It is inevitable these lawyers will apply the law. The fact that a judge awarded damages shows that the legal team who thought they should go for it had a pretty good legal case. The fact that everyone agrees they are douches for bringing the suit shows that the law does not correspond with what most people regard as fair.
The real problem here is the US patent system. Most of the things that are most contentious in these cases are not even patentable in South Africa. I think this is an excellent argument against patents in general, as it is clear how this is harming innovation, but I’m a bit biased.
Every tech company on the planet has a patent arsenal, and most of them seem to have active lawsuits against one another at the moment.
A common argument for patents is the old “why would a company invest billions in research if a competitor could just copy their stuff”. I think they will for the same reasons companies did so before tech patents: first to market and competitive advantage. If an “innovation” is so obvious that just seeing it allows you to code it into your product over a weekend, I doubt it is worth billions in R&D – the hard things are hard to copy. In fact, consider that patents actually make it easier to copy stuff, as you actually have to disclose details of implementation.
Also consider this argument by Michele Boldrin and David K. Levine in Against Intellectual Monopoly:
The crucial fact, though, is that the following causal sequence never took place, either in the US or anywhere in the world. The legislative branch passed a bill saying “patent protection is extended to inventions carried out in the area X”, where X was a yet un-developed area of economic activity. A few months, years, or even decades after the bill was passed, inventions surged in area X, which quickly turned into a new, innovative and booming industry. In fact, patentability always came after the industry had already emerged and matured on its own terms.
So much then, for the idea that no-one will invest in an emerging field without protection.
PS: Try to avoid the overly general term “Intellectual Property” when discussing this kind of stuff.