Apple vs the world: The new truth of patent laws and design wars

Will Apple's abuse of intellectual property laws help it preserve market share?

Apple has led the charge to use patent laws in the U.S., Europe and Australia as weapons in the fight for market share. Rather than competing on a level playing field, Apple has made the morally questionable decision to use litigation to stifle its competitors. Although Apple has attacked almost every major smartphone manufacturer in either patent or trade court, its cases against Samsung have attracted the most attention.

Apple vs. Samsung

“Poor ol’ Apple!” you might say. They were just sitting around minding their own beeswax and then the big mean Samsung came along and stole their ideas. Waaa waaa waaaaa. This isn’t your grandpa’s patent war.

Giant corporations in the U.S. and other Western nations have prompted lawmakers to create custom-tailored laws designed to give them leverage to extort their competitors. Apple has become the most prominent wielder of those so-called “intellectual property rights” so far. No wonder.

Companies like HTC and Samsung have teamed up with Apple’s nemesis, Google, to create phones and tablets capable of competing against Apple’s products on price, features and looks. With its market share eroding – especially in the smartphone market – Apple has chosen what all decadent, Power Elite corporate behemoths would do: take its competitors to court.

No competition, PLEASE?

Apple has seen the writing on the wall: given enough time and exposure, consumers will buy products made by other companies if they believe non-Apple products will give them more value. Samsung’s extremely popular Galaxy S and Galaxy S II phones have proven that. The Apple iPhone has lost market share like a bottomless boat. as Android-powered smartphones have won the day. Even the seemingly unsinkable iPad has shown signs of an impending Titanic experience. Apple sees the iceberg ahead, and it seems afraid to face it head on.

It’s like conservative vs. liberal politics

Apple wants courts and judges to decide what products consumers should buy, not consumers. I hate to bring up politics, but doesn’t it remind you of how people on the left will use the courts to impose their radical agendas on the majority of Americans? Those people know they will lose every vote (especially if they’re honest about their intentions), so they hunt favorable judges and use their courtrooms as the venues for their victories, not the voting booth.

Apple has great products, don’t get me wrong; but if consumers would rather have a Samsung phone than an iPhone, they should have that option. Apple has stolen that option away from shoppers who now cannot buy popular Samsung devices in Europe, the U.S. and Australia.

According to the Foss Patents Blog, The fury of Apple has instigated almost 20 legal cases in a dozen courts across 4 continents. With Samsung off the shelves, Apple might preserve its market share, but Apple’s victories come with a high moral price tag: its tactics are reprehensible.

Glimmers of hope

Samsung won temporary standing in Australia and is working to redesign its products for sale in Europe. The European Competition Commissioner has openly observed that intellectual property laws are now used to restrict competition, not to preserve anyone’s rights.

UPDATE: Apple won an extension of the Australian ban on the Samsung Galaxy Tab as the court decides Apple’s right to appeal an earlier decision to allow Galaxy Tab sales. The move further handicaps Samsung by keeping it on the sidelines during the busy (and lucrative) holiday shopping season.

Despite Apple’s temporary victory in Australia, the company has lost its bid to squelch the Tab in the United States while awaiting next year’s trial in U.S. courts.

Competitors stifled

Even if Samsung gets off the mat and beats back Apple’s assault, the overtones of Apple’s abuse of intellectual property laws is far-reaching. If would-be Apple competitors know that they will face years of protracted, expensive legal battles if they dare compete with the iPhone and the iPad, those competitors will likely stand down. Apple has more money than most countries, so how can a small company survive years of legal fees? In the end, even if Apple loses its abusive lawsuits, Apple will win. Most companies want to make money, not to lose money fighting global corporate giants.