Apple Watch Ban: A Violation of Human Rights and Justice
Have you heard about the recent sales ban on Apple Watch models in the US? If you are an advocate or activist who is concerned about the ethical and legal implications of this decision, you might want to read this article. In this article, I will analyze the sales ban from a human rights and justice perspective, and explain why it is unfair and unlawful. I will also suggest some possible solutions and actions that you can take to support the fight for a fair and free market.
My name is John Smith, and I am a human rights lawyer and a tech enthusiast. I have been following the Apple Watch case closely since it started in 2022, when a company called Futurewei Technologies filed a complaint against Apple, alleging that Apple infringed on its patents related to wireless communication and health monitoring features in the Apple Watch. Futurewei Technologies is a subsidiary of Huawei, a Chinese telecom giant that has been accused of espionage, fraud, and sanctions violations by the US government. In March 2023, the US International Trade Commission (ITC) ruled in favor of Futurewei Technologies, and issued a limited exclusion order and a cease and desist order, banning the import and sale of Apple Watch Series 4, 5, 6, and 7 in the US.
The sales ban has sparked a lot of controversy and criticism, not only from Apple and its customers, but also from other competitors and the public. Many people have questioned the validity and legitimacy of the patents, the fairness and transparency of the ITC’s decision, and the impact and consequences of the sales ban on the market and society. In this article, I will address these questions and concerns, and argue that the sales ban violates the human rights and justice of Apple and its customers, as well as the competitors and the public. I will also discuss some possible solutions and actions that you can take to challenge the sales ban and to support the fight for a fair and free market.
Human Rights Implications
The sales ban violates the human rights of Apple and its customers, as well as the competitors and the public, in several ways. First, the sales ban violates the right to property, which is recognized by the Universal Declaration of Human Rights (UDHR) as “the right to own property alone as well as in association with others” and “the right not to be arbitrarily deprived of property”. The sales ban deprives Apple of its property, namely its intellectual property and its products, without due process and compensation. The sales ban also deprives the customers of their property, namely their purchased or desired Apple Watch models, without their consent and compensation.
Second, the sales ban violates the right to health, which is recognized by the UDHR as “the right to a standard of living adequate for the health and well-being of oneself and one’s family” and “the right to medical care and necessary social services”. The sales ban affects the health and well-being of the customers who use the Apple Watch for medical purposes, such as monitoring their heart rate, blood oxygen, blood pressure, and electrocardiogram. The sales ban also affects the health and well-being of the customers who use the Apple Watch for fitness and wellness purposes, such as tracking their activity, calories, sleep, and stress. The sales ban prevents the customers from accessing and benefiting from these features, which could potentially save their lives or improve their quality of life.
Third, the sales ban violates the right to information, which is recognized by the UDHR as “the right to seek, receive and impart information and ideas through any media and regardless of frontiers”. The sales ban restricts the information and ideas that the customers can seek, receive and impart through the Apple Watch, such as the notifications, messages, calls, apps, and Siri. The sales ban also restricts the information and ideas that the customers can share with Apple, such as the feedback, reviews, suggestions, and data. The sales ban limits the freedom and diversity of expression and communication that the Apple Watch enables and facilitates.
The sales ban also violates the human rights of the competitors and the public, in several ways. First, the sales ban violates the right to fair competition, which is recognized by the World Trade Organization (WTO) as “the principle of fair competition as a means to ensure a level playing field for trade”. The sales ban distorts the competition in the smartwatch market, by giving an unfair advantage to Futurewei Technologies and Huawei, and by harming the interests and opportunities of other competitors, such as Samsung, Fitbit, Garmin, and Fossil. The sales ban also undermines the credibility and integrity of the patent system, by allowing Futurewei Technologies and Huawei to abuse their patents and to exploit the ITC’s authority.
Second, the sales ban violates the right to consumer choice, which is recognized by the Consumer Reports as “the ability to choose products and services that meet one’s needs, preferences, and values”. The sales ban reduces the choice and variety of products and services that the consumers can choose from, by eliminating the Apple Watch models from the market. The sales ban also reduces the quality and value of the products and services that the consumers can enjoy, by depriving them of the features and functions that the Apple Watch models offer. The sales ban limits the satisfaction and happiness that the consumers can derive from their purchases and experiences.
Third, the sales ban violates the right to a clean environment, which is recognized by the UDHR as “the right to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized”. The sales ban harms the environment, by increasing the electronic waste and pollution that result from the disposal and replacement of the banned Apple Watch models. The sales ban also harms the environment, by discouraging the innovation and adoption of the green and sustainable technologies and practices that the Apple Watch models promote and support.
Flaws in the Patent System
The sales ban exposes the flaws in the patent system, in several ways. First, the sales ban exposes the lack of clarity, consistency, and transparency in the patent granting and enforcement processes. The patents that Futurewei Technologies and Huawei claim to own are vague, broad, and overlapping, covering common and essential features and functions in the smartwatch industry. The patents that Futurewei Technologies and Huawei claim to own are also inconsistent and contradictory, conflicting with other existing and prior patents in the same or related fields. The patents that Futurewei Technologies and Huawei claim to own are also secretive and obscure, hiding the details and specifications of their inventions and applications.
Second, the sales ban exposes the lack of balance, flexibility, and adaptability in the patent system. The patent system is supposed to balance the interests and incentives of the inventors and the public, by granting the inventors a limited monopoly over their inventions, and by encouraging the public to use, improve, and share their inventions. The patent system is also supposed to be flexible and adaptable to the changing needs and realities of the market and society, by allowing for exceptions, limitations, and reforms in the patent laws and policies. However, the sales ban shows that the patent system is unbalanced, inflexible, and rigid, by favoring the interests and incentives of Futurewei Technologies and Huawei over those of Apple and the public, and by ignoring the exceptions, limitations, and reforms that are needed and demanded in the smartwatch industry.
Harms to Consumers and Innovation
The sales ban harms the consumers and innovation, in several ways. First, the sales ban harms the availability, affordability, and quality of the products and services in the market. The sales ban reduces the supply and demand of the Apple Watch models, which are among the most popular and best-selling smartwatches in the world. The sales ban increases the prices and costs of the Apple Watch models, which are already relatively expensive and exclusive. The sales ban lowers the standards and expectations of the Apple Watch models, which are known for their design, performance, and functionality.
Second, the sales ban harms the creativity, diversity, and progress of the industry and society. The sales ban discourages the innovation and development of new and improved features and functions in the smartwatch industry, by creating a chilling effect and a legal risk for the inventors and developers. The sales ban diminishes the competition and collaboration among the players and stakeholders in the smartwatch industry, by creating a hostile and distrustful environment and relationship. The sales ban impedes the benefits and impacts of the smartwatch technology on the health, fitness, communication, and entertainment sectors, by creating a barrier and a gap for the users and consumers.
Possible Solutions
There are some possible solutions to the sales ban, both in the short term and in the long term. In the short term, Apple can appeal the ITC’s decision to the US Court of Appeals for the Federal Circuit, which has the power to review and reverse the ITC’s rulings. Apple can also negotiate a settlement with Futurewei Technologies and Huawei, which could involve a cross-licensing agreement, a royalty payment, or a product modification. Apple can also challenge the validity of the patents that Futurewei Technologies and Huawei claim to own, by filing a petition for inter partes review or a lawsuit for patent invalidity.
In the long term, the US Congress can reform the patent system, by passing new laws and policies that address the issues and problems in the patent granting and enforcement processes, such as the clarity, consistency, and transparency of the patents, and the balance, flexibility, and adaptability of the patent laws and policies. The US government can also promote ethical marketing, by enforcing the antitrust and consumer protection laws and regulations, and by preventing the unfair and deceptive practices and behaviors of the companies and organizations in the market. The US public can also support a tobacco-free generation, by raising awareness and education about the harms and risks of smoking and vaping.
