Samsung Demands iPhone 4S Source Code And Details Of Carrier Subsidy Agreements



Samsung is currently drafting up a crafty plan to get Apple’s new iPhone 4S banned from Australia, and to help its case it is requesting “the source code for the iPhone 4S firmware” and details of the company’s subsidy agreements with carriers Down Under.

According to a report from SmartOffice, Samsung counsel Cynthia Cochrane told the court that the Korean company not only wants the source code for the fifth-generation iPhone’s firmware, but also the details of agreements Apple holds with Optus, Telstra, and Vodafone in Australia, specifically the subsidies these carriers pay for the device:

It goes to show that since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.

Samsung believes Apple’s iPhone source code will reveal whether or not the Cupertino company has infringed three of the its wireless 3G patents. However, in typical fashion, Apple won’t back down easily. Apple claims it has licensed the wireless patents from Samsung under the FRAND standard, which requires the patents to be offered at a fair and reasonable price because they are necessary for many companies to provide wireless products.

Apple also claims a third-party license owned by Qualcomm, which develops the chip found in the iPhone 4S, automatically covers the company, and that it will “have to wait for advice” before handing over the information that Samsung is requesting.

However, Samsung claims the agreement doesn’t cover Apple Down Under, and that Apple has denied previous attempts to extend the license internationally.

The legal battles between Apple and Samsung show no signs of settling any time soon. The latest case is scheduled to continue on November 4.

[via 9to5Mac]

  • Andrei GHERGHE

    Stupid Samsung

  • Shane Bryson

    Hey Samsung, here is an idea, make a better product!

  • Alan

    Did a lawyer – a flipping lawyer – spell the past tense of “lead” as “lead?” It’s clearly “led.” Why have I seen so much of this lately?

  • Anon

    Dear Samsung, if you put this much effort into actually creating your products instead of coming up with new ways to try and steal your competitors ideas, you may actually be able to come up with something half decent. Just a thought.

  • loveMCR

    What’s the issue here? Are they not ALLOWED to sell the phone subsidised to get more sold? I thought that is business. How is that against the law?

  • Shane Bryson

    The lawsuit is in Australia, where they use UK English. In UK English, the past tense of lead is lead.

  • Shane Bryson

    And not to mention, the writer of this article is from the UK.

  • Shane_burgess

    hmmm how about letting samsung defend themselves over things they did invent, i love my macs and i love my samsung phone, its a bit childish that apple sued in the first place over the galaxy looking like an iPhone etc, every phone out there has to conform to a pretty general size and shape that has always been the case.
    I dont remember sony getting their knockers in a twist with nokia when they both made candy bar form phones lol.
    also will the shenzen based china phone manufacturers now be able to sue apple if they ever dare to bring out an aluminium tear drop style phone for the iPhone 5 being as they have already brought one to market? that would be funny as hell and would leave apple looking a bit daft!
    lets not forget that every one owns a bit of the coms industry patent pie 

  • CharliK

    That you think it is silly just shows that you don’t understand how trademark laws work. If you have a trademark you must defend it or you will lose the mark. The offense in this case might seem scant but if Apple doesn’t do this then the lack of action could be used later as proof that they don’t really care and thus the whole mark should be dropped. 

    As for the Sony and Nokia comment, it is only valid if Nokia bothered to get a legal trade mark on the design and you have proof that Sony didn’t license to use it

  • CharliK

    I suspect that Samsung will argue that since they don’t subsidize in Australia, that Apple is coerces customers to get an iPhone even when they might not really want that phone but want a Galaxy instead (but can’t afford it).

    basically it’s a bogus argument and request. All they need to do is look at Apple’s website to see if there are subsidies. 

    What they really want is the firmware code. But Apple will fight that tooth and nail and probably win. Because Samsung doesn’t need that code to know that Apple is using the 3g patents. Samsung has already said that their patents are required for all 3g phones which is why Apple brought up FRAND. if they can produce evidence that their agreements don’t specify US only, or that they tried to go international and Samsung refused or asked for some crazy high fees, Apple will win. Or if they can prove that the deal with Qualcomn actually does cover all fees for creating and using the chips they will win. And they will go those routes before they just bend over on the firmware issue

  • MPD01605

    Nope, I’m pretty sure it’s still “led”…

  • Sean

    Actually its just called English.

  • Syke 06

    Well said.

  • mlahero

    Meh I think its bit of a lame point really by Samsung, they seem to have Australia pretty wrapped up anyway. Every other person over there seems to have a SII, in Sydney at least.

  • theotherphil

    Yep, it really is. I’m English and Led is the past participle of Lead.