Update: The legal situation has been clarifiied, though it doesn’t affect most of the points at issue here.
This is what Apple effectively said to all of Europe this week, raising fears the the world’s biggest technology company has totally lost it.
Apple claims that a rival product, Samsung’s Galaxy Tab 10.1, infringes its “design rights”, and that therefore we shouldn’t even have the choice of buying one. A German judge has agreed that there is a case to be made. Apple sought the injunction in Germany, analysts suggest, because that country has a lot of its own design-based industries so the courts are more likely to sympathise with the plaintiff, and trade rules are such that the Galaxy Tab 10.1 cannot now be sold anywhere in the EU until the issue is resolved – with the exception of the Netherlands, where such a case is already under way.
So does Apple have a case? Well the Galaxy Tab is superficially similar to the iPad. But that’s because they are both tablet computers with touch interfaces. The iPad is certainly a great example of such a device, but Apple didn’t invent it. They are both devices that run operating systems originally designed for phones, but “make a phone bigger and take out the phonecall part” is hardly patentable design. There is nothing illegal about trying to compete. In fact our entire economic and social model depends on the idea.
And under the skin of course they are fundamentally different beasts. There are some components that are absolutely identical, yes – but often because those components were designed by Samsung. They cannot run the same software, so the Galaxy Tab is in no way passing itself off as an iPad. Yet Apple’s case seems to be based mostly on the fact that the Galaxy Tab 10.1 looks a good bit like the iPad 2. It doesn’t even apply to the original 7″ Galaxy Tab.
The real reason why the are out to stop you getting your hands on a Galaxy Tab 10.1? Because it’s too good. Because by a lot of measures, it’s a better product than the iPad 2. it’s significantly lighter for one, which makes a huge difference in a tablet device, plus it has a larger yet sharper screen. What make this abundantly clear is that Apple are trying to do the same to Motorola‘s Xoom, also tipped as a serious rival.
Though these are good products, I still prefer the iPad as an experience. Apple’s total control over hardware and software does lead to a refinement that Android devices never will quite attain. The main reason I would still choose to buy an Android tablet is Apple’s restrictive practices. Now it seems, Apple are restricting the market so that I have no choice but to accept their restricted products. If they ruled the world, the person who built a better mousetrap would find no one beating a path to their door except the police.
- Apple wins injunction blocking import of Samsung Galaxy tablets (thejournal.ie)
- Samsung Galaxy Tab 10.1 blocked in Europe (telegraph.co.uk)
- Apple Blocks Galaxy Tab 10.1 Sales in the Whole EU [Galaxy Tab] (gizmodo.com)
- Apple Doesn’t Need Samsung Anymore (pcworld.com)
- Courts Ban Sale of Samsung Galaxy Tab in Europe (wired.com)
- Apple, Samsung to fight European Galaxy Tab ban on August 25 (thenextweb.com)