Articles about Apple vs. Samsung

The patent is mostly a good thing, right? It is a way to show recognition for all the work an individual puts into developing something completely new. It’s useful in determining who creates and who copies. The system may have its kinks, but it’s a good one overall. We revolve around it each day whether we know it or not.

A patent is an easy way to make money, but these days not so much for inventing things but inventing concepts to patent. To make money from them, usually someone has to get sued. The process involves a considerable amount of money, starting with paying lawyers, paying court costs, paying for transport, hotels, meals, and so on. All these things add up and they account for every cent as to what a trial would and does cost.

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I'm ashamed of Apple, and myself for giving anything to iPhone today. To celebrate iPhone's fifth anniversary, I asked BetaNews writers to offer missives based on their experience using the handset. We published Wayne Williams' story on Wednesday, another by Chris Wright early day and my own this afternoon. Two other stories are in the queue. We'll run them over the weekend, however, instead of today. There's no longer any sense of birthday celebration in these halls.

Today, US District Judge Lucy Koh gave Apple a great gift for iPhone's fifth, that I see as anything but. Apple's preliminary injunction against the Samsung-manufactured, Google-branded Galaxy Nexus is an outrage and demonstrates how far fallen is Steve Jobs' company from the innovative spirit that brought iPhone to market. The original set the smartphone market ablaze and brought Apple to unimagined success as seen from 2007. There was a time when Apple innovated rather than litigated and up-ended so-called copycats by making bold, breath-taking successor products. But that Apple is gone, buried with Jobs, who sadly left this world last year.

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Apple's ridiculous patent assault against Samsung finally hits Google, which suddenly looks genius for choosing Asus to manufacture the Nexus 7 tablet. On Friday, US District Judge Lucy Koh issued a preliminary injunction against Galaxy Nexus, which is Google's flagship, stock Android smartphone. Days earlier she barred Galaxy Tab 10.1. For the preliminary injunction to go into effect, Apple must first put up $96 million.

What timing. To preview Android 4.1 Jellybean, the company gave one to each of more than 5,000 developers during Google I/O earlier this week. The new OS releases to Motorola XOOM tablets and Galaxy Nexus in mid-July, making the smartphone the first to get the important upgrade. The preliminary injunction would somewhat stymie Jellybean distribution ahead of iO6, which Apple is months from releasing. New features include voice response, that in BetaNews testing smoke Apple's Siri. If you're thinking about buying Galaxy Nexus, don't wait!

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Now that Samsung's Galaxy S III is kind of available here in the United States, it's past time to discuss the inevitable iPhone migration. Hey, this is the iPhone 4S killer, right?

Samsung generated a little buzz over the weekend about one tool, Media Mushroom's Easy Phone Sync. The app extends capabilities already offered by the developer's free and paid iTunes offerings. Easy Phone Sync grabs non-DRM music and videos, contacts, calendars and messages -- provided there's a backup on your PC or Mac. Near as I can tell, and someone using the app can correct me, this thing isn't iCloud friendly.

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Patent bullying and ongoing competition by litigation and intimidation are reasons why. For me the last straw came earlier this week when Apple sought to ban importation of Samsung Galaxy S III (the request for preliminary injunction is before a judge and a ruling could come as early as next week). The phone launched in 28 countries on May 29 and goes on sale from five US carriers within the next 30 days. Many tech reviewers and pundits have called Galaxy S III an iPhone 4S killer. Apple doesn't have a competitive product in market so instead seeks to block Samsung's -- all under the guise of protecting innovations.

Apple is an amazing marketer that manages perceptions very well. One of these regards innovation and the idea that other companies imitate Apple, often badly, and its trendy ideas must be protected. Perception is one thing. Reality is another. Apple isn't as innovative as its corporate "reality distortion field" would have everyone believe. But the company has gotten quite good at something: Unleashing a torrent of suits to secure patents and to defend them -- and many cover processes that should never have been awarded patents in the first place. Apple has gotten quite good at gaming the patent system. I want no part of it.

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Asymco's Horace Dediu asks an interesting question today: "Trouble with the Robot?" -- referring to Android. He hones in on two seemingly convergent trends: a slight sequential dip in US Android share and sharp decline in US subscribers switching from feature phones to smartphones.

Based on his analysis of April data, iPhone sales remain fairly constant, while Android disproportionally declines. "Broken out by platforms, we see signs that the slowing in smartphone growth seems to be attributable to a slowing in Android adoption", Dediu explains. Stated differently, referring to comScore data he adds: "We see the lowest user growth for Android since 2009". The easy interpretation -- Android is now declining before iPhone -- would be wrong.

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If you're ogling Galaxy S III and thinking "I want", perhaps you should be asking "i what?" Galaxy S III arrives on these shores from all major carriers this month. As for iPhone 4S, well, whatever. Preorders start tomorrow (from Sprint, T-Mobile); June 6 (from Verizon).

But to get lower-cost, subsidized US models, many buyers will gain in network connectivity but lose in raw processing power. US models, also from AT&T, Sprint and US Cellular, are dual-core -- not the quad-core beauts shipping overseas. To get one those babies, unlocked, expect to plunk down at least $650. US, locked, contractual commitment S3s start at $199.99.

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If you live in parts of Europe, the Middle East or Asia, arguably the hottest smartphone on the planet is selling out fast, and, whoa, it's not iPhone 4S. May 29 dawned on the continent to a new day for Samsung smartphones and sunset for Apple's flagship, which is oh-so similar to the one released in early 2010. Buyers looking for freedom from the walled garden or simply stunning software innovation can choose to "think different", borrowing the long-discarded Apple marketing phrase.

Twenty-six days ago, I asked: "Is iPhone 4 obsolete?" Nearly 2,000 of you answered "Yes" -- that's 65 percent -- by saying you will buy Galaxy S III. Now remains the question: How many of you planning to buy, really will do so?

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Finally, initial sales of another smartphone smoke iPhone -- that is if leaked numbers prove true. Samsung Galaxy S III goes on sale in 11 days, but preorders reportedly already top 9 million. By comparison, the much-lauded iPhone 4S sold 4 million units, including preorders, during its first three days of availability. At this pace, Galaxy S III is poised to be the biggest smartphone launch to date.

Samsung announced the smartphone on May 3, when I asked: "Is iPhone 4S obsolete?" Surely someone thinks so, and their answer should chill the hearts of Apple apologists and investors. Samsung, not Apple, is the rising star in the cloud-connected device firmament. Perhaps iPhone 5 will change matters. But for now, Samsung, propelled by the Galaxy S brand, broad channel distribution and smart software innovation, is brightest star.

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Today, Gartner put to end weeks of cellular handset debate. Apple apologists disputed Samsung's smartphone success over iPhone -- the presumption that the South Korean electronics giant benefits from greater shipments vs actual sales. Make no mistake: Samsung is the global leader overall and in the smartphone category, based on actual sales. Apologist arguments be damned.

That said, Apple's position is solid. Together, Apple and Samsung combined smartphone sales market share approaches 50 percent. Contrary to speculation that Windows Phone might appear as a third dominant mobile OS, the market is set to largely split between two vendors. As I explained three weeks ago in post, "Google has lost control of Android", Sasmung's rise isn't necessarily good for the broader ecosystem.

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Eleven days have passed since Samsung unveiled Galaxy S III, which goes on sale internationally on May 29. Galaxy S III and HTC One X are arguably the hottest Android smartphones currently available, thanks in part to quad-core HSPA+ models. But HTC One X is dual-core for LTE variants hitting these shores, subsidized from carriers; no final word yet on S3. I often ask buying questions like this one right away but waited to see what pricing would pop for Galaxy S III. Expansys-USA is taking preorders in pebble blue or white for $649.99. Pricing isn't available for 32GB or 64GB models.

I call out Expansys USA, because pricing is the best I've seen so far, and it's lower than expected. The $799.99 seen most elsewhere is more in line with unlocked Galaxy S II and Galaxy Nexus when they launched internationally. Through Amazon, Techno Trading House (a new reseller to me) lists the pebble blue model for $824, available June 2, although it's only $744 purchased direct. My simple question: Will you buy? Either unlocked for no-contract price or lower locked price from a carrier with contractual commitment -- the latter an option available in Europe before Stateside?

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I repeatedly ask you questions in headlines, because I ask myself. This one is top of my mind following today's Samsung Galaxy S III announcement. My eyes bugger at the differences in size, features and most importantly benefits -- the majority of those coming from Samsung skinning Android 4 into seeming oblivion. It's hard to discern a way that Galaxy S3 isn't superior to iPhone 4S. If iOS 5 looked antiquated before, and it surely did, Samsung's TouchWiz-modified Ice Cream Sandwich makes it suddenly ancient.

But the question is bigger than hardware or software. Samsung isn't the world's No. 1 handset maker overall and in smartphones by lark. Apple is known for focusing on delivering benefits that matter, sometimes at the expense of hardware capabilities, and truly aspirational marketing. Galaxy S III evokes these qualities, with something more: real benefits without sacrificing hardware capabilities while using software to enrich the human experience. Then there's the aspirational marketing, as seen in the embedded video. Samsung does something Apple-like, only better.

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Apple apologists' brief respite is over. Late last week, IHS iSuppli and Strategy Analytics released first quarter data putting Samsung handset shipments ahead of Nokia, ending the Finnish company's 14-year reign. But the analyst firms couldn't agree on smartphones, with Strategy Analytics positioning Samsung ahead of Apple, but IHS giving the nod to iPhone. The Apple Fanclub clung to the "We're No. 1!" data, unsurprisingly. But the last word comes today from IDC, which corroborates Strategy Analytics, crowning Samsung king in both categories.

"The halcyon days of rapid growth in the smartphone market have been good to Samsung", Kevin Restivo, IDC senior research analyst, says. "Samsung has used its established relationships with carriers in a mix of economically diverse markets to gain share organically and at the expense of former high fliers such as Nokia".

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On this solemn Friday morning let us bow our heads in a moment of remembrance. The once mighty Nokia has fallen, after reigning supreme over the cellular handset market for 14 years. Apple succumbed in only three months over smartphones. Long live the king. Samsung leads both markets, according to Strategy Analytics.

I warned you, as did many others. Last week: "Nokia does the Windows Phone death dance". Two weeks ago: "Don't cry for me, iPhone". Samsung shipped 93.5 million phones during first quarter, easily eclipsing Nokia's 82.7 million. Nearly half of Samsung's shipments were smartphones -- 44.5 million, compared to 35.1 million for Apple.

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Samsung's new promo for next week's big mobile event is a real snoozer. It's nothing like those cheesy videos mocking iPhone users for being wannabe hipsters, who have such no lives they'll wait hours on end to buy a phone that looks exactly like the one owned now. Instead of chutzpah, galaxies pass before your eyes. Get it? New Galaxy device launch. Wake me, I fell asleep.

But wait for it. There's a pretty good punchline, if you can bear through the video's first 48 seconds. Be sure that if an iPhone user, Samsung means the dig for you.

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