Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

2012-08-24

Samsung versus Apple

I wasn't planning on posting anything this week, but I've read a few news posts that Samsung has lost against Apple and must now pay $1 billion in damages for patent infringement. If this is indeed true (and I sincerely hope it isn't, because while I am not necessarily a Samsung fanboy, what Apple has done is beyond outrageous), this really gets my goat.
I hope Samsung appeals this. All of the arguments for why the case is ridiculous have been done to death, so I won't repeat them here. If this ruling stands even upon appeal after appeal, that'll basically mean that only Apple will control the smartphone market. But now Steve Jobs is gone, and I've noticed as a result that some of their new product releases haven't exactly been groundbreaking; plus, their new advertisements on TV (which I've been able to see since coming home for a short break) are pretty awful in their cheesiness and are nothing like what Steve Jobs would have put out there. So this means that the Apple-dominated smartphone market will stagnate. I'm going to guess that while the cult of Apple will keep drooling over every new product release, eventually regular people will wise up to the lack of innovation at Apple and stop buying said products. But while that would make it amusing for me to watch Apple fall in such a way, it won't change the fact that Apple's monopoly of the smartphone market is essentially codified in law. They have essentially set a nuclear strike on the smartphone market, so that if they should fail, so should everyone else.
Oh, who am I kidding? I'll stop prognosticating ridiculous scenarios and be satisfied with the fact that I have a perfectly functional LG dumbphone that can talk, text, and take pictures.

2010-09-29

Sun Tzu and File Sharing

Yesterday, I was reading articles about eBook software for various OSs when I stumbled on the site Feedbooks which distributes eBooks of public domain works in various formats (including PDF). One of the featured books was Sun Tzu's The Art of War. I've heard several times that this book (handbook, really) is often used now for improving business and management strategies, and producing and selling movies and music is one such business, which file sharing is supposedly destroying. The debate over file sharing is often portrayed in popular media as a war between the poor, starving artists and the greedy freeloaders. In reality, of course, the poor, starving artists are just the RIAA and MPAA (though there are a handful of artists/filmmakers who genuinely resent and want to stop file sharing because they believe it harms there business), while the greedy freeloaders are actually people who would pay for such content if it was easy to buy and use and didn't have so many restrictions on its use (though there are quite a few people who would in fact only listen to music or watch videos for free (without regard to the legal status of said listening/watching)). So what if Sun Tzu was talking about file sharing? I can't analyze every single point made in the original book (I believe this is the Giles translation), but I will list a few that are very relevant to this issue (the citation of point Y in chapter X will be given as "(X.Y)"):
  • Sun Tzu said: The art of war is of vital importance to the State. (1.1)
  • It is a matter of life and death, a road either to safety or to ruin. Hence it is a subject of inquiry which can on no account be neglected. (1.2)
  • According as circumstances are favourable, one should modify one's plans. (1.16)
  • Now, when your weapons are dulled, your ardour damped, your strength exhausted and your treasure spent, other chieftains will spring up to take advantage of your extremity. Then no man, however wise, will be able to avert the consequences that must ensue. (2.4)
  • Thus, though we have heard of stupid haste in war, cleverness has never been seen associated with long delays. (2.5)
  • Sun Tzu said: In the practical art of war, the best thing of all is to take the enemy's country whole and intact; to shatter and destroy it is not so good. So, too, it is better to capture an army entire than to destroy it, to capture a regiment, a detachment or a company entire than to destroy them. (3.1)
  • Hence to fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy's resistance without fighting. (3.2)
  • The general, unable to control his irritation, will launch his men to the assault like swarming ants, with the result that one-third of his men are slain, while the town still remains untaken. Such are the disastrous effects of a siege. (3.5)
  • Therefore the skillful leader subdues the enemy's troops without any fighting; he captures their cities without laying siege to them; he overthrows their kingdom without lengthy operations in the field. (3.6)
Follow the jump to read a more sensible interpretation of this with regard to filesharing. (NOTE: I don't intend to be fair/balanced with this. I'm just interpreting it from what I've read and from my own preexisting opinions. If you don't agree, please feel free to leave a comment with a suggestion/alternative interpretation.)

2010-01-10

See? Authors DO Hate Corporate Copyrights

It's come with Marvel's lawsuit to keep (Associated Press) the copyrights on Spiderman and X-Men from expiring. It has sued the cartoon creator's family.
What?
This just goes to show that companies that keep artistic copyrights near indefinitely aren't doing the public or the artists any favors, in terms of monetary or social benefit. In fact, the artist's family has said so explicitly itself.
Michele Boldrin and David Levine were on to something when they said that when companies like Disney (of which, incidentally, Marvel is a subsidiary) try to maintain their strangleholds on works through copyright, they don't ever give the original artists any benefits, and when it's not a famous work like Mickey Mouse or Spiderman (but is artistically no less stunning), it dies because it can't be released to the public due to the...overbearing copyright restrictions meant to "protect" such works.