Open Public Not-So-Specter of Racism and Xenophobia

I have long complained about the overt racist tone in the US government’s crusade against “China IP theft”, and others have reflected similar sentiments.

My main complaint is that “IP theft” actually occurs ALL the time in US, between US companies and individuals, but we rarely ever see any kind of accusations of criminal wrong-doing.  Companies often settle out of court, privately.  “IP infringement” is just the cost of doing business.  Some days you infringe others’, some days others infringe yours.  No sane company wants to start a flaming war in the courts and media, because others won’t want to work with you in the future.

UNLESS, of course, it’s convenient for you to reach for racism as the good old fashion tool to squeeze out the “foreigners” from your turf.

http://www.law360.com/ip/articles/489923?nl_pk=042fa8e6-a2b9-492a-a8a0-84e5098bdd58&utm_source=newsletter&utm_medium=email&utm_campaign=ip

In the ongoing Apple v. Samsung dispute, it was pretty clear from the beginning that Apple was playing the Xenophobia angle with its US jury in California, under the not-so-watchful eyes of a newbie Korean American Judge.  Now, in a second trial for damages, Apple’s attorney made rather overt racist comments to stoke Jury’s xenophobic fears during the closing remark.  (The comments themselves were not so long or elaborate, thanks to the already prevalent xenophobic blame of “outsourcing American jobs” kind of media coverage in US).

Samsung, a Korean company, found it intolerable, and complained to the Judge.  Mayhem ensued.  The Judge didn’t know what to do, and gave Samsung a “choice” of 2 lesser evils:  (a) admonish the jury to tell them to disregard the bias raised in their minds, and/or (b) give additional jury instructions to compensate, BUT “no mistrial”.

What was apparent, the Judge at least agreed that Apple did indeed make “racist” remarks in the closing remark, openly, publicly, IN COURT.  She just didn’t think it rose up to the level of requiring a “do over trial”.

It is interesting to note that the Apple attorney commented specifically that if the Jury didn’t side with Apple, they would upset more than 200 years of American innovation.

Let that be a note to the Judge, respectfully, that if she didn’t stand up to racists in her court, more than 200 years of American racism would also not be “upset”, and continue on its merry way into the future.

See, it’s not just China, Chinese companies.  At some point, it does become pretty clear, it is just American xenophobia vs. the world.