Apple’s recent victory over Samsung in its long running
patent dispute is remarkable. It illustrates how a company that has invented
nothing of significance, can position itself as a great innovator that is being
undermined and usurped by companies that are ‘slavishly’ copying its products.
The surprising thing is that some people actually believe this myth.
The hypocrisy is breathtaking. This is a company that has
profited immensely from using technology that was pioneered and invented by
others. A false belief has been created among many of Apple's ‘slavish’ followers
that it invented touch screen technology, mp3 players and tablets. It did not. Against this background, it is amazing that Apple has the audacity to legally challenge companies which
offer consumers choice in these markets.
It focuses on patents that relate to relatively minor features and functions, and that are open to a very large amount of interpretation. Apple’s success has been based on its phenomenal sales and marketing
capabilities. Litigation is an additional strategy tool that it is using as a
way of dominating the market. If Apple gets its way,
and obstructs the shipment of Android products, customer choice and innovation
will be stifled and Apple will become a monopoly. Is this what Apple seeks?
There are many organizations and people that have actually
invented something. Indeed, the actual inventors of
the technology that Apple exploits are not benefitting in the same way as
Apple. For example, the producer of the world’s first mass produced mp3 player,
Saehan Information Systems (another Korean firm) is hardly known and rarely
associated with this technology in the same way as Apple. CERN a great center
of innovation, pioneered touch screen technology in the 1970s. Atari produced
touch screen devices in the 1980s. Even in the world of smartphones, Apple was
not first with touch screen technology. The LG Prada (LG is another Korean
firm) was the first touch screen smart phone to be launched. Furthermore, LG
has long claimed that the iPhone copied the design of the LG Prada.
In free markets, competition is one of the few ways in which
genuine innovation can be encouraged. Surely the courts should be protecting
the interests of the consumer from huge and powerful companies like Apple, that make
large profits from their products.
Imagine if Baird (the first firm to produce televisions) had
managed to slow down the launch of televisions produced by rival firms, or if
Benz had managed to slow down the development of the automotive industry,
perhaps by suing Ford. Maybe, Tim Berners-Lee will seek to halt the increased
use of the World Wide Web without receiving huge payments from companies that
exploit his invention. Note that, unlike
Apple, these companies and individuals actually invented a breakthrough
technology.
If innovation, competition, technology diffusion and
consumer choice are to be encouraged, Apple should not be able to block the
shipment of products that enhance existing technology and frequently offer
better value for money. Its focus on patents that address relatively minor
features and functions obfuscates its real motives.
The fact that some courts have allowed Apple to win shows
that some legal jurisdictions are allowing and encouraging anti-competitive behavior.
This sets a very dangerous precedent that could stifle innovation and force
consumers to pay higher prices for inferior products.