Linked by Thom Holwerda on Sat 3rd Aug 2013 20:34 UTC
Legal The Obama administration:

After extensive consultations with the agencies of the Trade Policy Staff Committee and the Trade Policy Review Group, as well as other interested agencies and persons, I have decided to disapprove the USITC's determination to issue an exclusion order and cease and desist order in this investigation.

Lots of talk about SEPs and FRAND in Obama's decree, which means that the Obama administration contradicts everything the ITC has said. To freshen your memory, the ITC ruled that not only was the patent in question not a standard essential patent, but Samsung's offer was actually proper FRAND:

Additionally, the Commission found that there were still disputed issues concerning the patent at issue was even actually essential to the standard (and therefore whether a FRAND or disclosure obligation applied at all).


The Commission analyzed the history of negotiations between Apple and Samsung (this portion is heavily redacted) to see if Apple showed that Samsung failed to negotiate “in good faith,” and found that Apple failed to do so. Notably, the Commission dismissed Apple’s arguments that (1) Samsung’s initial offer was so high as to show bad faith, and (2) Samsung’s attempts to get a cross-license to Apple’s non-SEPs violated its FRAND commitments.

In other words, the Obama administration threw out virtually everything the ITC has said in order to protect Apple. This effectively means that American companies can infringe on non-American companies' (standard essential) patents all they want, because the president will simply step in if they try to fight back.

So, I was wrong. I expected the Obama administration to be impartial and not give such a huge slap in the face of the ITC - as cynical as I usually am, I can still be naive. Protectionism is more important to the POTUS.

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RE[7]: Huh.
by Tony Swash on Mon 5th Aug 2013 10:34 UTC in reply to "RE[6]: Huh."
Tony Swash
Member since:

Is the sentence "independence of justice" completely unsound ? There are rules, international rules, international patent system every manufacturer agree to comply to. Apple is well known for infringing the patent system, abusing it in every way possible (prior art, copying -xeroxing-, asking ban not on functionality but -rounded- form factor, ...) but when it comes to stop Apple from stepping on other shoes, Woooops, nada, don't ya date touching on Apple's supremacy ? Come on...

Double standards !

Protecting USA's interests ? Who'se gonna be assassinated next by the CIA to protect USA's interests ? What next puppet regime will be put in place to protect USA's interests ? Ooh, and by the way, don't forget to go to church on Sunday, and praise all your soul this merciful God that bless you, because you obviously deserve all His attention. You have so much to be pardoned for...

I'm wondering when you gonna wake up from your wonderful dream were you believe to rule the World. Sure, the trick USA it using -cf this special case- to protect its best interests shows how much USA really cares about the rest of the planet. Financial machination, global crisis caused by faulty US banking system -subprimes-, Greek bankruptcy caused by US bank Goldman & Sachs, US software developer Microsoft forcing global OEM to install Windows thus killing competition and later saved from split by Bush administration, etc...

You really should look deep into yourself and see how the USA is really not that bright country you all believe in so much. A little introspection once in a while is good. Go, travel overseas or just to your Canadian neighbors, watch the differences, learn from the others, and stop that crap before it is too late.

The way you just accept this matter of fact by raising your shoulders and telling it's Obama's decision for the good of the USA tells a lot about your mindset.

"I reject your reality and substitute my own" (c) Adam Savage


Where to begin?

Outside of a hyper partial tech commentariat Apple is not "well known for infringing the patent system'. Anybody who takes a broad view of the tech industry knows that over the last ten years Apple has entered a series of new markets with very distinctive and very successful products and disrupted those markets. After each disruption almost all the products in those markets have come to strongly resemble Apple's products in design and functionality. The biggest, most successful and most lavish copiers of Apple products has been Samsung. Whether one thinks that Apple's legal response to all this is justified or terrible, or whether one thinks all tech companies including Apple copy and that copying is OK, doesn't change the facts I have just outlined. It's worth also considering that Apple was sued first by several other tech companies at the start of this long and tedious round of mobile device related IP legal cases.

As fas as Obamas actions go let's not get lost in any silly hyperbole about assassinations, as far as I know he hasn't ordered a hit on the President of Samsung, all he has done is exactly the same thing that all independent national leaders do all over the world and throughout history have always done: which is put his nation's interest first in a trade dispute. There is absolutely nothing exceptional, surprising or unusual about that. It's what national leaders do, it's what they are elected and paid to do and if they didn't do it they would be incompetents.

Reading your post it is obvious you have strong anti-US sentiments, and clearly the US has sometimes done bad things, but I would suggest a couple of simple thought experiments:

Imagine what the shape of the 20th century would have looked like if it had been any of the other big nations, other than the US, who had been the richest and most powerful during the last 100 years?

Also imagine what your life would be like if everything in it that had come from the US was taken away or had never been there in the first place: the music, the films and TV, the culture and books, the technology. Pretty bleak I think.

I accept this matter because:

a) I like Apple

b) I don't like Samsung

c) I think this decision by the ITC was a crock of shit

d) I think that it is an utterly trivial matter, whichever way Obamas decision had gone would have had almost zero impact on anybody's lives in the real world.

Turning this around - why are you so agitated by it? What of your interests are at stack in this matter for you to have any passion about the matter? What actual difference does this decision of Obama make to you, your life, or the life of anybody you know?

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