Illustrated: Apple's Fear of Android
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Besides, there are plenty of other "hidden" reasons for Apple to sue these Android handset manufacturers. Steve Jobs feels betrayed by Eric Schmidt, Samsung makes eerily close copies of the iPhone, Apple doesn't attack HP and RIM because this isn't about actual patent infringement but taking out the smaller manufacturers who can't defend themselves against Apple Legal.
[1]http://thechinesenewsoflasvegas.com/business/market-cap-of-t... [2]http://en.wikipedia.org/wiki/Samsung
Apple has aggressively patented a lot of key features in iOS
and it seems that many Android handsets are infringing.
Seriously? Did you consider spending maybe a few minutes looking at the patents Apple is asserting in these lawsuits before forming your opinion?To take the current example that drives me nuts, the 2 (of 10) patents Apple asserted against HTC that were "upheld" (air-quotes specifically intended) as part of the initial determination at the ITC are from the 90s (94 and 96, IIRC) years before anything innovative meaningfully related to iOS was a gleam in anyone's eye.
Even better, as asserted by Apple, Hacker News is infringing on one of those "upheld" patents when it turns this text into a clickable link: http://www.google.com
Apple's lawsuits have only an accidental (at best) relationship to any IP that is part of iOS and nothing to do with any key features of iOS whose related IP Android handsets might allegedly be infringing. Instead, Apple rummaged around in their archives to find everything halfway-plausible that they could throw at their Android competitors. It may be understandable business and legal strategy, but it is also deplorable and the patent system needs to be fixed so that it is not exploitable in this way (as well as many others, of course).
As a former iPhone-owner gone (Samsung) Android I resent that comment. iOS is a one-dimensional, inflexible and locked down platform which bored the hell out of me and this was the primary reason I went over to Android.
Android and Samsung's phone (the Galaxy S, which I have and which they are sueing for) is nothing like the iPhone and every single day I'm very happy for it.
I too think these kind of lawsuits are boring as hell, luckily there is a system to sort it out, it may not be perfect, but that's what we've got and a whole lot better than a flamewar.
It's just how things supposed to be handled, Apple and Samsung are all big boys. We as costumers really should not be bothered with their petty squabble to be honest. Nothing drastic will come out of this case.
[1]: http://thisismynext.com/2011/04/19/apple-sues-samsung-analys...
And if we dig deeper, behind the PR-piece which Apple seemingly is winning (here on HN at least), lets compare the iPhone to Samsung F700, introduced in 2007, before the iPhone.
http://phandroid.com/2011/04/20/did-apple-really-steal-their...
I mean... It may not be all black and white, but lets not grant Apple a blanket-right to make rounded, glossy things and assume everyone else is stealing from them.
Design patents and trade dress protection can indeed protect the look of a product, even a color from use by competitors, e.g. Tiffany's defends its "robin's egg blue" color used to sell jewelry: http://www.scribd.com/doc/102788/tiffany-v-ebay-III
IPhone does not have navigation elements at the bottom of the screen. It adds a text description under the elements vs. the top. It includes status information as ribbon across the top and does not plaster their logo on the screen anywhere. Also, none of the icons look similar, their screen is significantly diffrent shapes and even there buttons have different shapes. And most importantly I think the number of people that would confuse the two is tiny.
Not to mention one was released in Febuary and the other with a clearly better interface was released four months later.
There are countless ways to represent an idea on an icon. Google, HTC, and others chose to go their own route - For TouchWiz, Samsung copied Apple's icons with slight modifications.
Also, the story about the F700 is inaccurate. SlashGear debunked it, pointing out that it was, in fact, announced after the iPhone was revealed in January 2007[1].
Nilay Patel, an intellectual property lawyer, wrote about the F700 too[2]:
> In many ways, the F700 does nothing but underline Apple’s overall contention: that there are thousands of ways to design and package a phone interface, but Samsung chose drop its differentiated interface and instead lift elements of Apple’s style for TouchWiz. I don’t think anyone would use the F700 interface and think it’s an iPhone, and I don’t think anyone using the iPhone today is thinking about the F700. But do people see TouchWiz and think “oh, that’s an iPhone?” That’s the most important thing when it comes to trade dress and trademark: what brand does the average consumer associate with certain design elements, phrases, and words?
[1]: http://www.slashgear.com/iphone-samsung-f700-prada-phone-rum...
[2]: http://thisismynext.com/2011/04/20/talk-picture-samsung-f700...
Citation needed. I'm just a dumb programmer but I'm pretty sure that Apple at 30% market share makes more money than Apple at 19% market share. Please edutate me if not correct.
Profit = products sold * profit margin. If you have to decrease your profit margin, to increase market share, the total profit might suffer.
Apple typically hasn't done this (or certainly not to the extent other mfgs do) but certainly still like talking about their increasing market share.
The massive market growth in smartphones is being caused by the smartphone becoming cheaper - if they want more of the market then they have to enter that area.
Personally, I'd be very happy with Apple bringing out a wider mix of phones, but they seem dead against it.
Edit: Just seen your comment at the bottom of the page - I totally agree - Apple's lack of different options is probably going to go badly for them in the long run.
Source: http://www.businessinsider.com/apple-smarphone-profits-2011-...
And the quarter before that: http://tech.fortune.cnn.com/2011/01/31/apple-is-still-suckin...
And the quarter before that: http://tech.fortune.cnn.com/2010/09/21/pie-chart-apples-outr...
For example 30% of a total 100M units sold is roughly the same of 19% of a total 150M units sold. IF APU stay the same, it makes no difference financial wise to Apple. But to achieve 30% of 150M units sold, Apple may have to branch out another line of more affordable phones, it may have to give more control to the carriers, it may have to iterate on a faster pace than it is comfortable with, all of these would hit Apple's margin and equal things out.
With Nokia LG SE and Motorola in the red, Apple is now siphoning about 50% of industry profit at a market share of, what, 5% of all phones sold?
Which is not to say market share is not important, but it is not the utimate goal.
For now Apple's more urgent problem remains to be manufacturing capability, its fancy process or unique components always causes shortage upon new iOS devices launch and well into the second quarter, it almost forms a pattern (iPhone 3G/iPhone 4/iPad 2 etc). If the murmurs from Foxconn et al is to be believed the same backlog will happen to iPhone 5/iPad 3 again.
Apple is on a long term digital media dominance play. They want to be the one stop locked in shop for many people's music, software, video and books. Sure they'll continue to be interested in making good money on their hardware but their evolving iOS platform strategies clearly point to what they're looking forward to. And in that version of the world where content sales is king, market share means a whole lot.
Of course it is a perfectly valid strategy and Apple successfully implemented just that with its iPod line. Still the timing and implementation are everything. Handset market is clearly more competitive and turbulent, Apple is treading extremely cautiously.
If they wanted market share, they would have just led with the "budget" phone.
But Apple has a luxury brand, and a "budget" device would detract from that (even the lowly iPod shuffle fills a niche for well-off folks: it's small and sleek).
Budget in this context means pre-paid (as per the last earnings ). And I bet that iPhone will not be compatible with a post-paid plan (or vice-versa)... it will be interesting to see how Apple navigates this as they've been very deft at positioning new products in terms of their existing product lines.
But I agree that they cannot afford to lose ground to HTC, Motorola, LG and Samsung's high-end phones.
That isn't sustainable. Both awareness and quality of competitor devices (primarily Android) is rising, and if unchecked will become a truly serious competitor to Apple. Who are then left with a premium but niche device that's incompatible with the software base of the largest platform and more expensive, and they're left selling look, feel and image over functionality for a premium - otherwise known as the 1990s MacOS strategy.
This leaves them two alternatives:
* Try to remove competitors from the market to protect your position and so margins. This seems to be the current 'patent war' strategy.
* Start trying to compete on volume. Low-end devices to get customers into the iOS ecosystem, price competition on the premium devices. It's working with tablets after all, where the major competitors to the iPad are still baffling me by producing half a netbook's components for twice the cost rather than merely 1.5 times the cost as Apple have. Problem, though, is that the whole market volume strategy increases costs and workloads, decreases margins and starts chipping away at the premium image.
Short answer: I don't see how Apple's current strategy is sustainable in the long-term. If that revenue graph is accurate, I'd be shorting Apple's stock.
They may not care about market share at any cost, but they do care about it quite a lot. They may have said they don't care about market share in the old Mac days, but it's not like they could do much about it, so what else could they have said?
Of course, may not want to develop for Apple for other reasons (store policies, not wanting to get randomly rejected, etc), but I'd assume money is the driving factor for many.
Now, that isn't to say that Android won't be making good profits. It's just that Apple has a cash cow with their App Store's 30% cut (and now mandatory payments in app). Actual market share matters less, because that's not necessarily where they're continuing to make money.
iOS users buy more apps
I own both an iPhone and an Android.I haven't bought any Android apps because Android apps are crap and I won't pay money for shitty weekend hacks.
if you're developing to make money, that's pretty
good deciding factor
That's a pretty weak argument -- do the math, most apps on iTunes aren't even making up for sunken costs.Quite the contrary I would say, since the Android Marketplace is filled with crappy apps, you can create value quite easily.
and I've also never purchased an app on Android.
So either we're both under the bridge, or you've mis-labeled the troll. (Look in the mirror.)
The plural of anecdote is not data. There are apps worth paying for on Android. But for whatever reason -- maybe it's quality, maybe it's customer sentiment -- iOS users tend to spend more money in the App Store than Android users spend in the Market.
It's widely reported that iOS users are more likely to spend money on apps than Android users. Let's assume that the percentage of users spending money on apps for iOS vs Android is something like 80% vs 40%. For a developer this means, ceteris paribus, there need to be twice as many people on Android to make the same amount of money he would make in the Appstore.
If you look at marketshare trends, Android is slowly getting to the point where you stand to make as much money developing for Android as you would developing for iOS. In fact, if trends hold, there will be more money in Android than in iOS in the long run, making it the logical step for developers to jump ship (or at least develop for both platforms).
This is why market share matters.
Secondly, they care about marketshare of the iOS platform because this is one of the determining factors in how much support a platform will get from developers. Here it could be an issue if the get swamped in volume by the Android platform. But marketshare isn't the only factor that helps developers make the choice to support a platform. Developers care about how much money they can make by developing on a given platform, and this is not determined uniquely by the marketshare. Other factors include discoverability of the developer's application by users, the demographics of the marketplace (are they users that tend to hand over money for a product, or do they prefer free stuff), and ease of development (how good is the SDK, how fragmented is the platform, how restrictive are the T&Cs of the marketplace).
In this second aspect of marketshare, Apple may end up losing out to Android overall. But firstly, that day is not yet come - when talking about platform marketshare, there are also the iPod touch and the iPad to toss into the mix, which changes the final numbers. Even when (and I do think it is a question of when) Android takes over as the leading platform, the factors outlined in the last paragraph mean that it is not an automatic given that developers will flee iOS for Android. Indeed, unless Android can claim more than 80% of the market, I would expect developers will show equal preference for supporting both platforms. We are a long way from 80% marketshare for Android, so I doubt Apple is particularly worried just at the moment.
First, by suing, Apple has vouched for the quality of Samsung's products. It is the Windows look-and-feel lawsuit all over again. Right or wrong, Apple has just stood up and admitted that Android (or at least Samsung's take on Android) is "good enough". That's just a mistake and you only make it out of fear.
Now think about what a lawsuit says about what is going on inside Apple. Suppose Apple truly believes they have a kick-ass portfolio of next-generation products that will blow Samsung and the rest out of the water this fall. Would they really waste their time and attention on the complex, multi-theater, drawn-out, unpredictable war that suing Samsung is going to be? They aren't HTC, there is no hope of squashing them quickly (not to mention the huge supplier relationship). Or would they just say "eat our dust" and move onto the next thing (transitioning to new suppliers if necessary)?
Even beyond the lawsuit, there just seem to be so many recent examples of Apple signaling that they don't believe that they can win in the marketplace (e.g. the in-app purchase fiasco). To me, that smells like fear and a lot of it.
Your second argument is falsely premised on the idea of limited resources. Apple can easily have a good upcoming product portfolio AND pursue lawsuits. They are not resource-limited. They don't have to choose between lawsuits and good up-coming products.
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Being a huge multi-faceted corporation, it is difficult, in my opinion, to discern their motivation down to a simple, single human emotion.
That said, if I had to guess, or put myself into Apple's mind, I would focus on Jobs' thinking. In my opinion he isn't scared, he is offended. He views his products as acts of creation--as art--and here is someone aping his art, and poorly at that. This offends him deeply.
Second, of course Apple is resource-constrained. Every company is resource-constrained, but the resources they are constrained by are not always the same.
In Apple's case, the resource that I suspect is most constrained is the time and attention of their top, strategic managers. That's why I find the Samsung lawsuit so telling. Unlike most of Apple's other lawsuits (e.g. HTC, Motorola), the Samsung lawsuit / situation drains a lot of that top-level time and attention. What are the drains?
We can start with the huge supplier relationship. What do you keep sourcing from Samsung? What do you transition? What are your contingency plans if Samsung pulls together a piece of technology you want (e.g. an iPad-size "Retina Display") before the supplier you are transitioning to does? And think of all of the negotiations, planning and so on that go on around this. These are all particularly important because one of Apple's key advantages over its competitors is how it manages and captures key parts of its supply chain.
Next, Samsung is a large, diverse technology company with a robust, complex patent portfolio of its own. You can staff out the analysis of the countersuits, but deciding what to do based on that analysis is a different kettle of fish. If there are problematic patents, how hard are they to work around technically and operationally? What sorts of unexpected legal developments affect not just the legal strategy but Apple's technical and/or business strategies as well (and what do you do about them)? What about depositions and testimony (see Larry Page and Oracle)? And by the way, Apple and Samsung don't just have a simple US legal battle going on, they are lawsuits going in something like 10 countries on 3 continents. The sheer number of moving parts in this mess is a problem by itself.
The more I look at the Samsung lawsuit, the more I see Apple spending a large chunk of their most constrained resource on it. I've drawn my own conclusions about what that means.
This is not to say that an iPhone is better than some Android phone, but this is certainly perceived to be something different than 'the rest' by most of my friends and colleagues.
I say this as the not-very-proud owner of a Samsung Galaxy Europa in addition to my iPhone and iPad.
Not saying this is absolute truth either, but it certainly shows that your comment about what "most" people might think certainly doesn't ring true universally.
I've played with a few Android devices and they're ok but to be honest, the whole thing seems to be playing out just like 90s Mac vs Windows, with Android users insisting iOS is a toy and iOS users berating Androids unpolished interface.
For me it always boils down to the same thing, if you're willing to accept the constraints imposed by the products designer, Apple stuff is the best out there.
> the undisputed weakest and least sophisticated of all the mobile platforms when measured on its own merits
This is fairly obviously not true. The iOS SDK is still widely considered the benchmark for people that work cross platform. It doesn't really matter that your developer friends think on the relatively technical merits if they're no more informed than the average Android user.
Like there is no universal consensus on the iPhone being "better" than its Android rivals.
I guess we somehow agree even though we seemingly don't.
Oh my fucking God, please. I wasn't sure before, but you just outed yourself as a huge Google -fanboy.
Yeah what's Apple's platform got going for it? -It just changed the whole industry and showed How It's Done. It's also regarded as technically very solid, and pleasant to develop for.
I may not like your tone, but if nothing else you are correct about this point. Apple was clearly the company who made everyone else understand that delivering a good smartphone involved good software in addition to hardware and that good hardware alone was worthless. For this they deserve recognition.
That being said: They created a platform, a very simple and limited platform, which worked adequately for people of limited needs. And for an initial release it was absolutely stunning.
That said, this does in no way translate into a platform which ages and evolves well. My complaints are mostly in this department and this is where I think Android is (and will remain) miles ahead of iOS.
Having developed private apps for iOS, Android and Windows Phone 7 I personally find Windows 7 to be the best platform for development, with Android a distant second. iOS is by far the most painful dev platform of the three.
Unless you really like programming like it's 1985 (a not insignificant number of people really do), in which case it's great.
Care to elaborate?
This isn't a "techy" group either, it's mostly regular 20-somethings.
Jobs played up the IP that went into the iPhone at its launch and (paraphrasing from memory) vowed to defend it vigorously at the time, well before a single Droid or Galaxy S or iPhone shipped. I'll dig through the WWDC transcript if someone forces me ;). They knew that they'd be copied, presumably by low-cost imitators as their products have always been imitated, and were always prepared to use IP law to defend their advantage.
I'm not agreeing or disagreeing with this strategy, but Apple saw these market pressures coming a long time ago.
Look around you at people having a decent normal job, kids, a house to repay, etc. At the end of the month, not a lot of money left for the high end Apple stuff. These are not even the majority of the people.
In Europe, basically you have 30% of the people paying no taxes because no money, 30% with money but in fact nearly nothing left at the end of the month and 30% with extra (here I am generous).
The iPhone is selling good in Europe only because it is subsidized by the mobile operators.
So, if you continue following this line, this means that at least in Europe, Apple will simply not be able to grow past the 30% mark if not subsidized by the operators.
Then you hit the last problem, the iPad is seen as a "big" iPhone by people. They use it in addition to a normal computer and buy it with a contract.
Now you have Apple, depending for 60% of their income on hardware which most of the time requires the help of the mobile operators to be sold.
This is not an easy position to be in. I do not own any Apple device, but I thank them for what they do, because they drive the general quality of the smart phones up.
People forget that they're not afraid to disrupt themselves either. If they can create a great $500 tablet, don't be surprised if they can make a great $200 unsubsidized phone if they think the competition demands it.
The main difference here is that the stakes are higher.
Today... it looks more like the desperate, defensive hardball you play when you're backed into a corner. Throwing everything out there because you feel like you have to, rather than stepping back and focusing, first and foremost, on winning.
As for the litigation, I don't know that it is necessarily tied to the fact that android has taken off so well. Like it or not, most hardware vendors use apple as a hardware benchmark, so copying their products is inevitable. I would not want to sit idly while other people make knockoffs of my products either.
I'm uncomfortable with iPad's share to be honest, it's not healthy.
Author did forget to include these graphs: http://www.intomobile.com/2011/05/02/apple-has-50-profit-sha...
Yep, Apple should be afraid very afraid.
Samsungs 10% growth is more impressive, but again was achieved with much lower margins. Apple could afford to cut their margin significantly if competitive pressure forces their hand, and unlike RIM they have a product which is high demand.
But yes, I agree that Apple are very aware of the competition and the pitfalls of potentially losing marketshare. It would be silly for them to be otherwise. I just don't thing they're running scared yet in the way the original article infers they are.
Fair point, but Apple's growth is clearly in a decline compared to earlier years.
And once the established smartphone market stabilizes at something with Android clearly in the lead (like 80% Android and 20% iOS) which platform do you think will get the attention of developers? Which platform do you think will get the apps first? Which platform do you think will get the exclusive apps?
If (and I say if) the divide gets big enough for these kinds of mechanisms to trigger and start playing in, iOS as a platform will slowly but surely lose users, and have the process reinforce itself until the platform wither off and dies.
So in that regard, while market share isn't everything, it is still important for lots of other strategic concerns which most certainly are.
Having just built an iPhone and Android app, it won't be 80/20. It'll be 20/15/25/20/20. Our iPhone app works essentially the same way on all iPhones/iPod touches. Our Android app was a horrendous bear to test - lots of "on one device it does this, on another device it breaks" from our testers.
Android doesn't do a great job of competing at the high end of the market outside of tech nerds. Seriously, the one year old iPhone 4 is still outselling even the newer Android phones on Verizon and AT&T.
What Android is killing is becoming the default smartphone at every price range with every feature set you can imagine. Android covers all the smartphones that iPhone doesn't. iPhone isn't for everyone, Android tries harder to be. Android is much less focused as a platform than iOS.
Android is going to keep working hard to be upmarket, and iOS is going to keep working to go downmarket with prepaid devices, more iPod Touch type devices with 3G or GPS or both.
As a developer I just care about getting paid and in my experience people on iOS are more willing to buy my apps. Android users tend to be cheapskates. This can and will change at some point, but Apple is doing better now than they ever have. I doubt they are truly afraid of much right now. They are executing better than ever before.