By Allen Tsai | Fri Jan 18, 2008 12:11 am |
Dear Readers, today I removed information and photos of Samsung's upcoming phones. This post is an attempt to inform you why such a move was made.
Samsung sent me a Cease and Desist Letter regarding the posted images and information of unreleased Samsung phones.Normally I stand by my work, publishing consumer information as a news source. However in this case, I begrudgingly complied and removed all information rather than have Samsung "aggressively pursue all means necessary, and weigh all available remedies at its disposal" against me. Mobiledia has developed a large following of over 2 million monthly visitors which I thank you (our readers) for. But unfortunately I am a small website nowhere financially capable of funding a legal battle with a large multi-national corporation such as Samsung. Some accusations were falsely stated in the letter. Samsung claimed to have "very strong reasons to believe that the Information was illegally obtained," and request that I "provide them with the names of the third parties that (supposedly) provided us with the Information that we published on the Site." These allegations are absolutely and completely false. I follow a strict code of ethics and being accused of such tactics is not only unfounded, but insulting. There were no third parties involved in a "leak," because there was no leak; information was all obtained legally through the public domain. Since these false claims tarnish my name, I feel it necessary to explain my methods and clear my reputation. Pieces of information are routinely published in the public domain, including the FCC (i.e. https://fjallfoss.fcc.gov/oetcf/eas/reports/GenericSearch.cfm?calledFromFrame=N), Bluetooth Forum, and various other government and organizational websites. Cell phones are required to pass certain tests, such as radiation levels, before they are allowed to be sold in the U.S., for obvious safety reasons. And as such, preliminary data can be gleamed in most cases months before the actual release date of the device. Additionally, manufacturers rarely reinvent the wheel, and parts from old cell phones routinely show up in new models. Thus users with detailed knowledge of past components, such as my experience from covering mobile devices over the past five years, can infer a great deal of information from just basic testing specs. In the case of the Samsung M800 specifically, it is no secret it is eerily similar to the Samsung F490, the international variant that had a press release a week earlier where Geesung Choi, President of Samsung's Telecom Business was "proud to introduce this new innovative multimedia handset to global consumers." The press release goes into the "fast HSDPA networks," "Bluetooth 2.0 and USB 2.0," "3.2-inch, 16:9 wide full-touch screen and intuitive user interface," and "embedded Google Search and optimized full browser for Web pages in both vertical and horizontal views." In fact, most of the M800's specs posted were left unfilled, because I couldn't verify what was stripped out of the cheaper M800 that was reportedly on the F490 from the press release. The high-resolution images were obtained from Samsung directly, and rightfully, through a press account granted to me on Tue 10/24/2006 4:08 PM EST. I used my Mobiledia email to apply, and was granted a login/password and full access to high-resolution photos of upcoming, current and past mobile devices. I still have my New User Request confirmation email to prove the validity. I did not use "fraudulent means" because I did not misrepresent myself when applying. My access was terminated as of yesterday. Samsung snapped press photos of the M800, Samsung granted me access to the pictures, and when I posted them and received press coverage, Samsung sent me a Cease and Desist Letter threatening a lawsuit; blaming me for "disrupting marketing buzz and other promotions" and "irreparable harm." The iPhone generated $400 million in free publicity. Apple knew how to do it best. Photos, specs and information were known well in advance and people were lining up with excitement; counting down the days left until it would finally be launched. Nothing I published was private information. I merely took specs from various public sources, pieced it together, made some inferences and put it in one convenient place. Other major manufacturers such as Motorola, Sony Ericsson, Nokia have similar press accounts that grant me access to high-resolution photos of unreleased devices and specs, and certain carriers such as T-Mobile even have their PR reps take the effort to email me information and photos of new devices. And for that, I thank them all for their desire to embrace a cooperative attitude with channels that can generate interest in their devices prior to launch. In the end, I sincerely regret letting our readers down. Yes, I caved into the legal pressure. I did nothing wrong, yet I decided to remove the information willingly. I hope the loyal visitors of Mobiledia can understand my difficult position. I hope I haven't disappointed you. And I hope you will continue to look to us for your consumer information needs. - Allen - Samsung Cease and Desist Letter Large - Samsung Cease and Desist Letter Small
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