iPhone 4S vs Galaxy Nexus: Now Samsung Wants to See iPhone 4S Source Code & Carrier Subsidy Details

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Every once in a while you see unusual things happen in the tech world, and I’m about to share one such event with you today. It looks like Samsung, in some sort of daring/desperate move has decided to politely ask Australian courts to force Apple to reveal not only the source code firmware of the iPhone 4S but also the kind of deal it makes with local carriers that sell the subsidized smartphone.

This deserves a full laughing-out-loud reaction that may lead to rolling-on-the-floor-laughing kind of situation, especially if you happen to know the legal history between the two giants. In case you’re not familiar with it I’ll give you the short version: Apple and Samsung are suing and countersuing each other in 10 countries across four continents. While there are well over 20 patent-based battles between them not once did Samsung score a significant victory against Apple, or at least a minor relevant victory. Whereas Apple has beaten Samsung, even if only temporarily, in various courts and obtained injunctions against Galaxy Tab tablets (Australia included) and Galaxy S smartphones. Not to mention that Samsung’s own lawyers can’t tell a Galaxy Tab 10.1 and an iPad 2 apart from just 10 feet away.

Earlier this year Samsung wanted to see the unreleased prototypes of the iPhone 5 and the iPad 3 and asked courts to make Apple show them the upcoming devices. Guess what the courts did? They denied Samsung’s motion, which is what I think will happen in this particular case also.

Apple will never reveal such details regarding its products and especially the way it conducts business with its carrier partners. Unlike other smartphone makers, and because it runs a closed environment some people will say, Apple doesn’t allow any bloatware from carrier on its iPhones or iPads. In its deals with carriers around the world it is able to dictate terms since the device is so popular. By comparison, the open Android devices come bundled with plenty of bloatware from carriers, which users can’t wait to get rid off.

But here’s how Samsung’s counsel explains the requests:

“It goes to show that since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” Cochrane said in court today.

“If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

So, wait a second, Samsung is claiming that it can’t sell as many smartphones as Apple in the region because carriers are spending more money on the iPhone 4S. Wasn’t Samsung the largest smartphone maker by shipments last quarter? Is Samsung trying to do whatever is possible to make sure its upcoming Galaxy Nexus gets enough attention from the carriers and their customers?

As for the source code of the iPhone 4S, Apple isn’t willing to reveal it, just as expected:

In relation to firmware source code demand by Samsung, Apple said they will have to wait for advice before allowing access to the information, although claim third party license held by Qualcomm who developed the the iPhone 4S chip in question, MDM6610, automatically covers Apple also.

We’ll be back with more news on the matter as this story unfolds later this week.