This is particularly relevant in the context of the Apple/Samsung trial, because it isn’t the first time Apple has been involved in a high-stakes “copying” court case. If you go back to the mid-1990s, there was their famous “look and feel” lawsuit against Microsoft. Apple’s case there was eerily similar to the one they’re running today: “we innovated in creating the graphical user interface; Microsoft copied us; if our competitors simply copy us, it’s impossible for us to keep innovating.” Apple ended up losing the case.
Given the underlying reason that Apple has been bringing these cases to court was to enable them to continue to innovate, it’s hard not to ask: if copying stops innovation, why didn’t Apple stop innovating last time they were copied? Being copied didn’t stop or slow their ability to innovate at all.
If Apple ends up winning this case against Samsung — and either stops Samsung from releasing their phones and tablets to the market, or charges them a hefty license fee to do so — does anyone really believe that the market will suddenly become more innovative, or that devices will suddenly become more affordable? Similarly, if Samsung wins, do you really believe that Apple will suddenly slow its aggressive development of the iPhone and iPad? It’s certainly not what happened last time they lost one of these cases.