Samsung Electronics Challenges “FTC Sanctions Over GOS,” Says Game Optimization “Did Not Reduce Performance”

[Financial News] Samsung Electronics will sue to challenge sanctions imposed by the Fair Trade Commission, which found that advertising related to its Galaxy Game Optimization Service (GOS) violated the Act on Fair Labeling and Advertising. The company says per-game optimization settings were intended to reduce heat and support stable gameplay over long periods, and should not be considered a reduction in device performance. Samsung Electronics argued, “It is difficult to understand this decision given that all domestic and overseas lawsuits have concluded and the complaints filed with the Fair Trade Commission by lawsuit participants have also been withdrawn.”
Jipyong, the law firm representing Samsung Electronics, said in a statement on the 27th that it would challenge the Fair Trade Commission’s decision and demonstrate in court that there was no illegality.
Jipyong said, “GOS is an optimization feature designed to improve users’ gaming experience,” adding, “Thermal management and sustained performance are common challenges for all smart-device manufacturers, and GOS is the result of Samsung Electronics’ efforts to address them.”
The Fair Trade Commission announced that day that it had voted to impose corrective orders and a fine of 20.114 billion won, saying Samsung Electronics had failed to disclose, while advertising the gaming performance of the Galaxy S21 and S22 series and Galaxy Tab S8, that maximum performance was limited as soon as high-spec games were launched.
GOS is software that adjusts AP operating speeds and other settings while games are running. Samsung Electronics said the disputed per-game settings were designed to limit sudden spikes in AP clock speeds in some games that generate significant heat, thereby lowering temperatures and maintaining stable frame rates. The settings were adjusted in response to game updates and consumer feedback, and a software update in March 2022 allowed users to choose their gaming performance settings.
Samsung Electronics also stressed that actual gaming performance cannot be judged solely by maximum AP clock speeds. Jipyong said, “In terms of frames per second and their stability, Galaxy devices can deliver better gaming performance with GOS’s game-specific optimization settings and, at the very least, can maintain comparable gaming performance for longer at lower temperatures.”
Samsung also pointed out that although the Fair Trade Commission presented the clock-limit settings, it did not disclose their impact on actual gaming experience, such as FPS. It added that test data submitted by Samsung Electronics showed better results for frame stability and device temperature when GOS was enabled.
All eight domestic and overseas consumer lawsuits concerning GOS concluded last month. In South Korea, none of the 1,690 plaintiffs and participants in the mediation objected to the Seoul High Court’s mediation decision, which became final in March. The lawsuit participants have also withdrawn all reports and complaints they filed with the Fair Trade Commission.
Legal experts are noting that the Seoul High Court’s mediation decision stated that GOS’s individual settings were intended to curb heat and maintain battery life and FPS, and that it was difficult to conclusively characterize Samsung Electronics’ advertising as deceptive. Since all 1,690 consumers who took part in the mediation raised no objections and also withdrew their complaints, analysts say consumer perceptions at the time and whether actual harm occurred should be key issues when contesting the impact of the Fair Trade Commission’s sanctions and the basis for calculating the fine.
Some in the industry say it is difficult to assess the performance of high-spec games based on AP clock speeds alone. For smartphones without cooling fans, not only peak instantaneous output but also how long performance can be sustained while managing heat is important. They say adjusting performance according to an app and a device’s condition is an optimization approach used by multiple manufacturers.
Some argue that if per-game performance adjustment is a standard thermal-management technology, clear standards are needed on how much must be disclosed in advertising. Others say the impact on technology development and competition among products should also be considered if advertising restrictions are imposed only on one manufacturer’s optimization feature.
Samsung Electronics said the past GOS settings subject to the action are no longer in use and that it has already provided updates reflecting consumer feedback. It plans to review the written decision and then challenge the finding in court, arguing that the advertising did not violate the Act on Fair Labeling and Advertising.
[email protected] Yoon Hong-jip Reporter