“Screw you, Apple,” is the gist of what Australian retailers such as dMavo are saying. And I really don’t blame them.
The technology patent wars are getting stupid now, with the USPTO (United States Patent and Trademark Office) having caused the problem by issuing patents based on vague, ordinary, and unoriginal notions for the past two decades. But the problem isn’t confined to the U.S., with Australian companies, retailers, and consumers also being adversely affected.
In April of this year Apple sued Samsung claiming the Galaxy range of devices “slavishly” copied Apple’s range of products. That means the Galaxy SII copying the iPhone 4, and the Galaxy Tab copying the iPad. Apple stated this referred to the technology and the “look and feel” of these products. Samsung retaliated with its own lawsuits against Apple.
In Australia the patent battle was ongoing when Apple forced Samsung to desist from selling the Galaxy Tab in the country until the dispute was resolved. And the company has complied. Unfortunately for Apple, but fortunately for consumers seeking an alternative to the iPad, retailers have not.
Online retailers have continued to sell the Galaxy Tab in Australia, and they’re not planning on stopping doing so despite legal threats from Apple. As dMavo managing director Wojtek Czarnocki told The Sydney Morning Herald, “We have a new entity established and a separate server – just to deal with the tablet orders – that is undergoing testing as of last Saturday. Was Apple just bluffing or do they really want to play the cat and mouse game? We’re up for it.”
Why take the risk? Because the Galaxy Tab is a bestseller, with Czarnocki claiming, when asked how many he has sold so far, “We’ve stopped counting … our servers were almost collapsing on a number of occasions.” Patent specialist Mark Summerfield suggests selling from overseas may not be enough to prevent dMavo from being in trouble, however.
I’ve long felt Apple is a bully when it comes to its patents, so it’s good to see someone standing up to them. Samsung’s appeal against the temporary injunction stopping it selling the Galaxy Tab will be heard in the Federal Court on Nov. 25.
