Samsung requests iPhone 4S source code in Australian court

Samsung continues is counter-assault on Apple in Australia, now requesting that Apple show it the the subsidy agreements that the company has with the Australian carriers and also the source code to the iPhone 4S firmware.
Samsung's attorneys told the court that the company needed both the carrier agreements and the firmware source code in order to prove that there are grounds for a ban of the iPhone 4S in Australia. Samsung alleges that the technology used in the iPhone 4S infringes on three of its patents. According to Apple, Samsung had agreed to license those patents under the Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard.
Samsung has also tried to get the iPhone 4S banned in Japan, France, and Italy, but an Italian judge threw out Samsung's request, making it unlikely that Samsung would be successful in getting Apple's latest iPhone banned in any European country.
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Samsung continues is counter-assault on Apple in Australia, now requesting that Apple show it the the subsidy agreements that the...
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The best part of this is, it give HTC an even bigger opportunity to surpass them in the smartphone business.
November 02 2011 at 3:02 PM Report abuse Permalink rate up rate down ReplySamsung: we ban iphone fy!
Apple: HAHAHAAHAHA
Samsung is going to get laughed out of court on this one.
"I think you might have infringed a patent, so I need your code." That's way too broad and ridiculous for any competitor to be forced to do. That's also too dangerous of a precedent to set in court, so it'll more than likely be thrown out.
If the courts think there could be an issue, the code would have to be analyzed by a neutral, private party... definitely not by Samsung themselves. Even that is bit of a stretch. This is an uphill battle for Samsung since they've already lost a similar case elsewhere... I don't think IP laws vary too much from the Europe/Japan... now if this was China.. then maybe.
Apple will most likely never hand over the source code. Since if they do, they have lost all control over it.
Like this: Apple gives samsung access to the source. Samsung employee copies and leaks source. Now what.
Apple will sue Samsung. Likely. Apple will benefit from it. Highly unlikely. Even if they sue the damage is done and most likely samsung will not have to pay top dollar in damages.
Another point is this: If say an Austrian or German judge says that apple will have to provide samsung with the source by tomorrow, they will not have to comply since the source is not in that country. And thinking that a small time judge in EU would have any power what so ever to force an american company, non the less THE american company, to hand over anything will not happen. The judge will not get any form of support from USGOV.
My guess is that the only way samsung may see the sourcecode is if they send a person naked into a closed room at Apple HQ to examine the code on a non networked and screwed down to the table machine.
>> With so many Samsung law suits around the world one judge will agree to some of these more outrageous
>> requests and then Apple will have to hand over the jewels.
That's not how the law usually works.
First, the fact that one court in one country has already thrown out a similar suit, while not precendent, can be pursuasive to the other courts entertaining the same suit in other countries.
Second, courts aren't going to allow a competitor to see a companies' source code. If the court agrees that it is necessary to have a look at the source code for any reason, the court will appoint an outside expert to look at the source code, and only reveal very limited findings as appropriate.
Now asking for source code is pushing it too far!
November 01 2011 at 8:18 PM Report abuse Permalink rate up rate down ReplyWell there you go, if you start something are you willing to finish it? if not, get ready to be finished by it.
With so many Samsung law suits around the world one judge will agree to some of these more outrageous requests and then Apple will have to hand over the jewels.
In the meantime, Apple's lawsuits are actually proving much more effective because they're not firing off random and unreasonable demands to extremely privileged information like some companies out there.
November 01 2011 at 9:01 PM Report abuse Permalink +1 rate up rate down ReplyI'd be shocked if Samsung actually thinks this request has merit. I bet the end goal is to tie-up some Apple lawyers. Diverting resources to handle this, means they aren't working on something else.
Just my guess.
That's not how law works, actually it's quite the opposite. There's a thing called precedent. Once Samsung gets thrown out of another court, pretty sure tit's going to be near-impossible for them to claim the same thing in another.
International laws may vary, but I believe when it comes to IP and patents, everywhere outside the US is far less lenient on these types of suits. I can't see other countries really having a vastly different stance on these same issues, if anything they're more backing of the FRAND claims than Samsung's own counter-claims.
Good luck with that one Samsung.
November 01 2011 at 7:01 PM Report abuse Permalink +1 rate up rate down ReplyNice try, Samsung. So, basically, Samsung wants the source code to make a clone of Siri, right? That is probably the main reason to make this ridiculous request. Do they even know Obj C?
November 01 2011 at 6:58 PM Report abuse Permalink rate up rate down ReplyWhatever Samsung, you are a joke. Every one of your products looks like an Apple product.
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