Samsung says it's competing with, not copying Apple
In its latest legal filing, Samsung has told a California court that it is competing with Apple, not copying the company, while Apple is instead looking to "avoid such competition."
The new statements from Samsung's legal team are in response to an amended complaint filed last month by Apple. Apple has accused Samsung of copying the look and feel the iPhone and iPad with devices like the Galaxy S smartphone and Galaxy Tab touchscreen tablet.
"The Samsung Defendants admit they have not ceased competing with Apple notwithstanding Apple's efforts to avoid such competition," the company wrote in its latest filing, as highlighted by Florian Mueller of FOSS Patents.
Apple has gone as far as to refer to Samsung as "the copyist" in its legal filings. But in its latest filing, Samsung suggests to the court that what Apple feels is copying, Samsung believes is competition.
"Intellectual property and competition are two conflicting goals," Mueller offered in his analysis. "The question is how to reconcile them. If all copying is allowed, there's probably a lot of competition, but investment in innovation and the introduction of new products won't be sufficiently incentivized. Innovators need a certain 'breathing space' -- but there must also be room for (fair) competition."
The new filing comes only a few days after Samsung asked the U.S. International Trade Commission to ban the import of Apple products. The courtroom battle between the two tech giants began in April, when Apple first sued Samsung for allegedly copying its mobile devices.
The new statements from Samsung's legal team are in response to an amended complaint filed last month by Apple. Apple has accused Samsung of copying the look and feel the iPhone and iPad with devices like the Galaxy S smartphone and Galaxy Tab touchscreen tablet.
"The Samsung Defendants admit they have not ceased competing with Apple notwithstanding Apple's efforts to avoid such competition," the company wrote in its latest filing, as highlighted by Florian Mueller of FOSS Patents.
Apple has gone as far as to refer to Samsung as "the copyist" in its legal filings. But in its latest filing, Samsung suggests to the court that what Apple feels is copying, Samsung believes is competition.
"Intellectual property and competition are two conflicting goals," Mueller offered in his analysis. "The question is how to reconcile them. If all copying is allowed, there's probably a lot of competition, but investment in innovation and the introduction of new products won't be sufficiently incentivized. Innovators need a certain 'breathing space' -- but there must also be room for (fair) competition."
The new filing comes only a few days after Samsung asked the U.S. International Trade Commission to ban the import of Apple products. The courtroom battle between the two tech giants began in April, when Apple first sued Samsung for allegedly copying its mobile devices.
Comments
Ok Samsung's clock icon looks exactly like iPhone's clock icon. If they can't even think of a different clock style, they are copying.
If that's the best Apple can come up with, they're doomed. A clock looks like a clock.
But as both Bill Gates and Steve Jobs said in the early 80's, "good artists copy, great artists steal." Jobs is a visionary though, and that leaves all the other companies to copy.
If that's the best Apple can come up with, they're doomed. A clock looks like a clock.
Samsung didn't say that, a forum member gave that as an example. It's easy to legally explain away similarities in individual design elements, when the Samsung as a whole looks to be a more than just inspired by a competing product, I don't think that will fly in a court room.
You can’t say “every clock icon looks like that” or “every smartphone” looks like that or “every tablet cover looks like that," because it’s not true. All clocks are similar, and all phones are similar... but they need not be THAT similar. And coincidences happen too... but not THAT many coincidences.
I can see why Apple needs to send a message to all companies that, if nothing else, they’ll create trouble for those who copy too blatantly. AND that being a component supplier doesn’t grant you immunity for your choices.
I think the problem is that Samsung actually thinks that copying IS competition.
Yep! Samsung isn't counterfeiting the iPhone. What is Apple complaining about?
If that's the best Apple can come up with, they're doomed. A clock looks like a clock.
A clock looks like a clock? Hands down the dumbest statement of the week.
I'd love to know what the conversation is like between Samsung and their outside council. Are outside council telling Samsung that they're in trouble here? Do Samsung just not believe them? It seems there's just a fundamental failure to grok that there's a difference between copying a feature such as 'has a touch screen' and between counterfeiting a UI.
If they could get away with it, they would have said the whole iPhone look and feel was actually developed by Samsung. It seem to be a Korean thing to do. Just like when they said Chinese characters were actually developed by Koreans.
Had Apple not sued them, I could picture Samsung say exactly that after people's memory fade over the exact details surrounding the time when iPhone came out.
If they could get away with it, they would have said the whole iPhone look and feel was actually developed by Samsung. It seem to be a Korean thing to do. Just like when they said Chinese characters were actually developed by Koreans.
Had Apple not sued them, I could picture Samsung say exactly that after people's memory fade over the exact details surrounding the time when iPhone came out.
Spot on!
"What Apple is doing, we should do at least just as good."
With such a vision it's kinda obvious where you'll end up.
I'd love to know what the conversation is like between Samsung and their outside council. Are outside council telling Samsung that they're in trouble here? Do Samsung just not believe them? It seems there's just a fundamental failure to grok that there's a difference between copying a feature such as 'has a touch screen' and between counterfeiting a UI.
its so true. i was using the galaxy tab 10.1 with honeycomb for a week before i realized it wasn't an apple product...there were clues that should have let me know but being a diehard apple fan and therefore too stupid to do any reasoning i wuz fooled.
I think Samsung's vision here is like:
"What Apple is doing, we should do at least just as good."
With such a vision it's kinda obvious where you'll end up.
Hmm, apple's phone icon is green with a white handset at an angle, clearly to be as good we need a green phone icon with a white handset at an angle!
A blue telephone icon cannot compete!
Samsung didn't say that, a forum member gave that as an example. It's easy to legally explain away similarities in individual design elements, when the Samsung as a whole looks to be a more than just inspired by a competing product, I don't think that will fly in a court room.
When a car maker becomes the first maker to introduce exclusively 4 cylinder engines ( and others start doing the same), is that considered "copying"?
Perhaps the definition of "copy" vs "competition" should be legally defined in the court of law.
The copying here is REALLY blatant, and repeated, and ongoing. Check out their iBooks clone app on YouTube, too. Right down to the shelves and the specific kind of page-turn effect.
You can’t say “every clock icon looks like that” or “every smartphone” looks like that or “every tablet cover looks like that," because it’s not true. All clocks are similar, and all phones are similar... but they need not be THAT similar. And coincidences happen too... but not THAT many coincidences.
I can see why Apple needs to send a message to all companies that, if nothing else, they’ll create trouble for those who copy too blatantly. AND that being a component supplier doesn’t grant you immunity for your choices.
How do you define what the threshold is then? What is considered too much? What is considered too little?
Perception is different for everyone.
One person may say a color looks brown, the other may say its a dark yellow.
If they could get away with it, they would have said the whole iPhone look and feel was actually developed by Samsung. It seem to be a Korean thing to do. Just like when they said Chinese characters were actually developed by Koreans.
Had Apple not sued them, I could picture Samsung say exactly that after people's memory fade over the exact details surrounding the time when iPhone came out.
Who said the Chinese characters were made by Koreans? Either you've heard from anti-Koreans or you translated it wrong.
I can just tell by the way you just generalize people that you are racist or have discriminatory feelings toward another ethnicity.
What has the Koreans done to you to deserve such a statement?