Samsung demands Apple hand over iPhone 4S source code, carrier agreements

“Samsung are demanding the source code for iPhone 4S firmware as well as Apple’s agreements with all major Aussie telco’s as it looks to ban iPhone 4S here,” Oonagh Reidy reports for Smart Office.

“The demand came today as Samsung faced yet another legal showdown with foe Apple, who claim the South Koreans infringed iPhone and iPad patents, and have already succeeded in gaining a temporary ban on sale of Galaxy Tab 10.1 here,” Reidy reports. “In retaliation, Samsung are now seeking to ban the sale of iPhone 4S here, claiming Cupertino violated three of its wireless 3G patents.”

MacDailyNews Take: Samsung’s continued insistence on litigating against Apple armed only with a trio of FRAND patents reeks of the desperation of a guilty party.

Reidy reports, “In Federal court today Samsung counsel Cynthia Cochrane said her client would need the source code for the iPhone 4S and agreements Apple had with major carriers Vodafone, Telstra and Optus in order to make a legal case for a ban before the court.”

MacDailyNews Take: Someone call a doctor, Samdung’s Aussie ambulance chaser has obviously fallen and bumped her head.

Reidy reports, “Justice Annabel Bennett, who is presiding over the case, is also the Judge in the Apple V Samsung tablet dispute, handing down a interim injunction banning Tab 10.1 last month, pending a full hearing.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Fred Mertz” and “Dan K.” for the heads up.]

38 Comments

  1. If you go to the article you get this snippet:

    “”If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

    Apple deny the infringement claiming Samsung agreed to license the three patents in question under Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard. However, Samsung say the international agreement may not extend to Australia and Apple rejected its previous invitation to license the patents in question. ”

    One, cellphone subsidies aren’t a zero-sum game, where one company getting more, means another company gets less. Where did this lawyer go to school?

    Two, can you believe FRAND doesn’t apply everywhere? So, your wireless IP is included in the industry “standard”, but that FRAND licensing fees only apply in some markets and not others?!? WTF? The whole industry will be filing “friends of the court” briefs to shoot down Samsung’s argument, because it puts the whole industry in jeopardy if others can do this as well.

    What a bunch of ‘tards.

    1. Repeated rumors suggest that Apple started looking for and moving to other suppliers months ago. Further rumors indicate that, despite all the Samsung foot stamping and little kid tricks, they’re happily bending over to sign new contracts with Apple. Samsung may be egotistical, imitative dimwits, waving around fat mouth lawyers. But they aren’t willing to commit harakiri over their crimes against Apple. Such is honor among thieves.

  2. Is, “her client would need the source code … in order to make a legal case” just like I am sure that a crime occurred in there and I will find it if you let me look around. In the USA, we call that illegal search and seizure.

  3. Can someone explain to me when and why companies are now referred to in the plural form when writing sentences such as, “Samsung are demanding the source code for iPhone 4S firmware …” ? This did not used to be the writing style and I don’t understand it. A company is singular entity, is it not? I could understand this form: “Samsung attorneys are demanding source code…”, but the former grammer just rings very odd every time I read it. I am sincere in wanting to know the logic behind it, if there are any grammarians reading this.

    1. In the UK, in general, corporations, companies, groups (not pair when referring to people, but audience, crowd etc. are OK) are plural while in the US it’s singular. Having grown up under both cultures, I’m partial towards both.

    2. If I remember correctly from my middle school days, the logic behind using plurals is that companies, etc., were not considered individuals (especially not considered a ‘person’), but were rather aggregates and conglomerates, and thus, appropriately needed a plural form.

      1. We in Australia take our general English usage spelling and grammar etc from the UK. In fact their Queen is our Queen. Australia is still not a republic. Our people are subjects not citizens. Our companies are formed very similarly to UK companies.

        I think US companies are given singular status and are regarded similarly to US citizens. With similar legal rights and obligations. Open to correction of course.

        Our parliament has an upper and lower house both voted for with a Prime Minister at the top as in the British system. Except the Brits have a House of Lords as an upper house (not voted for). We do have state government also similar to the US. If you are registered to vote you must vote in both state and federal elections. Voting is compulsory.

        Solicitors (lawyers) generally don’t go to court. Barristers (lawyers also but different) generally argue the case in court. Wigs and gowns are worn as with the British system. Cynthia Cochrane is most likely a barrister being paid by the solicitors representing Samsung. Poor thing. I wouldn’t take that gig.

  4. If I was a lawyer for Apple, I wold have wrote: Dear Cynthia, in response to your letter, kindly put a lip lock on my love muscle.

    …but then again, that is probably why I don’t work for Apple.

  5. They want the source code so they can copy it !

    They also want a time machine to take the code back in time and claim it as their own. I’m not sure which of the two they will have an easier time getting their hands on, time machine or Apple source code 🙂

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