The ban will likely be extended to 7" devices too. Nothing to do with how the device works or what OS it uses. It could be a Windows8 device for that matter. If it's a rectangle with rounded corners it may be swept up in the same trap and banned in Germany.
This is not at all about icons, the OS, touchscreen or anything of that sort as the article plainly says. Apple wasn't suing about any of those. It's simply based on line drawings of a possible shape of a future device that Apple originally filed years before the iPad. This ruling could effectively ban any other rectangular, rounded corner slate or tablet offered by anyone else with any OS.
Is this the case for sure or was the injunction based on other factors (ie. trade dress) or patents?
If it's the case that it's based on a rectangle with rounded corners, that would be a rather wide-ranging ruling, effectively handing the whole tablet market to Apple.
The iphone has been the same thing over and over, the ios is boring. the create a huge itouch and call it an ipad... yawn. Android innovated a lot in their ios and apple plays catch up. They havent innovated since the iphone. The iphone 5 will probably be the same and if they do change the look of the ios, its because they are trying to compete with android.
It's worth noting that the judge did NOT compare this product to the ipad2 for this ruling, but ONLY the drawings in the filed community design.
The drawings in the filed community design show a rectangle
Buttons, bezel, and thickness are all NOT part of the community design. JUST that rectangle
So unless a company goes the route of sony (making odd looking tablets that limit use-cases) , or they make a tablet with something other than four sides, EVERY tablet developed will infringe.
Not if it doesn't have rounded corners, which makes it not technically a "rectangle", so go play your broken record somewhere else.
Is this the case for sure or was the injunction based on other factors (ie. trade dress) or patents?
If it's the case that it's based on a rectangle with rounded corners, that would be a rather wide-ranging ruling, effectively handing the whole tablet market to Apple.
The initial injunction on the 7" Tab was based on the same vague drawings that Apple used against Samsung's 10" Tab.
You can bet that if anyone (other than Microsoft themselves for other reasons) sees any success in Germany with a rectangular slab computing device, Apple will be after them too. They'll include at least one or two small guys just to avoid claims of stifling valid competition.
A rectangular shape for a tablet has always been obvious. Rounded corners for better ergonomics again obvious. The lack of buttons was only made possible once large touchscreens became economically feasible, again obvious. That's a major reason why an iPad-type success wasn't possible before 2007. Prior to that the only realistic way to control the functions was with buttons, obviously on the bezel or sides.
Once touchscreens became economically viable and plainly the preferred method for buyers to interact with their mobile devices, the consumer expected shape (based on newspapers, magazines, laptops, computer displays, TV screens, windows) was rectangular. . . and obvious. Surely you don't consider a rectangle shape to be innovative do you?
Then riddle me this. If Samsung actually MAKES the touchscreen panels and are developing new screen technology constantly and the idea/design was so obvious, then why didn't it come to market first?
Quote:
Originally Posted by kevinpark86
i love apple's products and their innovative thinking but a lawsuit against a corporate giant (especially if the product consist of their technology) is not going to help apple in the long run. since now samsung(and their partners!) has all the reason to be on the offensive side of the legal battle, they will most likely file an injunction to all new apple products (ie iphone5, ipad3 etc) in the future...assuming that the product consist of samsung parts and technology...in a legal point of view, apple is going to have a lose-lose situation. loss of profits -> disruption of new products -> loss of customer's selection -> loss of innovation (to either sides). so iphone5 will most likely get delayed for a year if the injunction is filed...i wish apple didn't start this lawsuit...apple is digging its own grave man....not cool
And that's their right. Unfortunately, Apple's position is that the patents that these companies use in countersuits (and sometimes lawsuits filed FIRST) are FRAND patents which must be paid regardless and cannot be used for injunctions unless Apple straight up refuse to pay after a judgement.
Apple has every right to protect their intellectual property and anybody suggesting that Apple shouldn't be suing anybody or that Apple should just let things slide has got to be totally brain damaged and they should wake up and smell the coffee, because they are thinking and acting like a clueless fool.
I don't have anything in particular against Samsung, but blatant copying is blatant copying and anybody who engages in such pathetic and cowardly actions deserves to get smacked down.
HTC, WiLAN, Openwave, Samsung and Paul Allen have every right to protect their intellectual property and anybody suggesting that they shouldn't be suing Apple or that they should just let things slide has got to be totally brain damaged and they should wake up and smell the coffee, because they are thinking and acting like a clueless fool.
I don't have anything in particular against Apple, but blatant infringements of patents is blatant infringement and anybody who engages in such pathetic and cowardly actions deserves to get smacked down.
People who don't like what Apple does aren't automatically trolls. Those with justification for their beliefs are welcome here.
But you have to ask them questions to see if they even have any arguments or if they're just parroting copy-pasted text on troll websites. You can't know otherwise.
Then riddle me this. If Samsung actually MAKES the touchscreen panels and are developing new screen technology constantly and the idea/design was so obvious, then why didn't it come to market first?
Is that a serious question? It's an obvious answer to me. With their fingers in so many products already, and without an indication of a viable market for a slate computing device, why would they be inclined to be the first? Apple delayed for years until they felt the time was right to take a chance, and the hardware was in place to make it more likely to be successful.
Something that's seldom (never) mentioned. Without the years of innovation, design, engineering and creation of critical technology and components provided by companies like LG, Sony, Samsung, etc., the iPad wouldn't be possible. The hard work and investment made by those suppliers is greatly underestimated and under-appreciated. Without them Apple would be a simple software company.
I'd also like to say... There are some people who say that Apple is only doing this because they don't like competition. Obviously they don't realize that Apple has been competing with the mother of all cmetitors for the last 20 years, Microsoft.
And dealing with that for the last 20 years made Apple LIKE competition?
you want the mods to ban my free speech.... and I'm only showing how many of you act.
My home IP address got banned because my ass clown neighbor started using my wifi to post anti-Apple stuff that annoyed people. I'm betting those messages were nowhere NEAR as annoying and inflammatory as this guy's crap.
Again, my home IP address is BANNED FOR LIFE and nobody in control of this site will even respond to my emails about getting the ban lifted...so how is this guy still here?
Is that a serious question? It's an obvious answer to me. With their fingers in so many products already, and without an indication of a viable market for a slate computing device, why would they be inclined to be the first? Apple delayed for years until they felt the time was right to take a chance, and the hardware was in place to make it more likely to be successful.
Something that's seldom (never) mentioned. Without the years of innovation, design, engineering and creation of critical technology and components provided by companies like LG, Sony, Samsung, etc., the iPad wouldn't be possible. The hard work and investment made by those suppliers is greatly underestimated and under-appreciated. Without them Apple would be a simple software company.
Yes it is a serious question and what you have stated is no real excuse. Why should company X take all of the risk just to have company Y capitalize on it and then scream "Obvious!!!!" when it's taken to court? You stated that the reason these products didn't see the light of day before Apple is because the tech wasn't there yet. Well, I am simply pointing out that these same companies are the exact ones who developed a lot of the tech. What they didn't do was put it all together to make a successful product. That's their own fault and not Apple's. All of this talk about "stifled innovation" is laughable if the only argument is: "This new innovation is soooo obvious. We totally would have done this first, but we just didn't get around to it."
My home IP address got banned because my ass clown neighbor started using my wifi to post anti-Apple stuff that annoyed people. I'm betting those messages were nowhere NEAR as annoying and inflammatory as this guy's crap.
Again, my home IP address is BANNED FOR LIFE and nobody in control of this site will even respond to my emails about getting the ban lifted...so how is this guy still here?
1) No IP is banned for posting anti-Apple stuff. It would be banned for trolling or spamming.
2) You can use a proxy at home or get your service provider to give you a different IP address.
3) You should lock down your network. No free rides unless you're a trucker with a hat that says free mustache rides.
Nope, the size of the screen, or the amount of bezel (or shame of screen) has nothing to do with this community design. All these changes would still be in "violation"
I'm quite sure you're wrong on this point, Menno.
Why?
... because I wasn't talking about the judgement. I was talking about Apple's litigation actions in the first place. I'm quite sure if Samsung had differentiated their tablet even in the slightest, so that it didn't resemble the iPad so closely then Apple wouldn't have gone after them.
Samsung had inside knowledge of Apple's design. I'm sure this is what is pissing them off so much.
1) No IP is banned for posting anti-Apple stuff. It would be banned for trolling or spamming.
2) You can use a proxy at home or get your service provider to give you a different IP address.
3) You should lock down your network. No free rides unless you're a trucker with a hat that says free mustache rides.
1) All he'd admit to was hating on Apple.
2) I'll have to look into that. Does it cost to change your IP address?
3) Who says I'm not? (honestly, my network is locked now. I recently moved and forgot to set a password when I had my new router installed. I'm paying the price now but damn it sucks to pay for what someone else did).
Comments
The ban will likely be extended to 7" devices too. Nothing to do with how the device works or what OS it uses. It could be a Windows8 device for that matter. If it's a rectangle with rounded corners it may be swept up in the same trap and banned in Germany.
This is not at all about icons, the OS, touchscreen or anything of that sort as the article plainly says. Apple wasn't suing about any of those. It's simply based on line drawings of a possible shape of a future device that Apple originally filed years before the iPad. This ruling could effectively ban any other rectangular, rounded corner slate or tablet offered by anyone else with any OS.
Is this the case for sure or was the injunction based on other factors (ie. trade dress) or patents?
If it's the case that it's based on a rectangle with rounded corners, that would be a rather wide-ranging ruling, effectively handing the whole tablet market to Apple.
I'm sorry about talking about your mind slave god that way
I know it seems a bit premature, but mods, could you, uh?
it's not like you guys act immature towards your competation
While you're answering my earlier questions, you can answer how this is the case, too.
It's worth noting that the judge did NOT compare this product to the ipad2 for this ruling, but ONLY the drawings in the filed community design.
The drawings in the filed community design show a rectangle
Buttons, bezel, and thickness are all NOT part of the community design. JUST that rectangle
So unless a company goes the route of sony (making odd looking tablets that limit use-cases) , or they make a tablet with something other than four sides, EVERY tablet developed will infringe.
Not if it doesn't have rounded corners, which makes it not technically a "rectangle", so go play your broken record somewhere else.
Is this the case for sure or was the injunction based on other factors (ie. trade dress) or patents?
If it's the case that it's based on a rectangle with rounded corners, that would be a rather wide-ranging ruling, effectively handing the whole tablet market to Apple.
The initial injunction on the 7" Tab was based on the same vague drawings that Apple used against Samsung's 10" Tab.
You can bet that if anyone (other than Microsoft themselves for other reasons) sees any success in Germany with a rectangular slab computing device, Apple will be after them too. They'll include at least one or two small guys just to avoid claims of stifling valid competition.
While you're answering my earlier questions, you can answer how this is the case, too.
Please don't feed or engage the trolls.
A rectangular shape for a tablet has always been obvious. Rounded corners for better ergonomics again obvious. The lack of buttons was only made possible once large touchscreens became economically feasible, again obvious. That's a major reason why an iPad-type success wasn't possible before 2007. Prior to that the only realistic way to control the functions was with buttons, obviously on the bezel or sides.
Once touchscreens became economically viable and plainly the preferred method for buyers to interact with their mobile devices, the consumer expected shape (based on newspapers, magazines, laptops, computer displays, TV screens, windows) was rectangular. . . and obvious. Surely you don't consider a rectangle shape to be innovative do you?
Then riddle me this. If Samsung actually MAKES the touchscreen panels and are developing new screen technology constantly and the idea/design was so obvious, then why didn't it come to market first?
i love apple's products and their innovative thinking but a lawsuit against a corporate giant (especially if the product consist of their technology) is not going to help apple in the long run. since now samsung(and their partners!) has all the reason to be on the offensive side of the legal battle, they will most likely file an injunction to all new apple products (ie iphone5, ipad3 etc) in the future...assuming that the product consist of samsung parts and technology...in a legal point of view, apple is going to have a lose-lose situation. loss of profits -> disruption of new products -> loss of customer's selection -> loss of innovation (to either sides). so iphone5 will most likely get delayed for a year if the injunction is filed...i wish apple didn't start this lawsuit...apple is digging its own grave man....not cool
And that's their right. Unfortunately, Apple's position is that the patents that these companies use in countersuits (and sometimes lawsuits filed FIRST) are FRAND patents which must be paid regardless and cannot be used for injunctions unless Apple straight up refuse to pay after a judgement.
Apple has every right to protect their intellectual property and anybody suggesting that Apple shouldn't be suing anybody or that Apple should just let things slide has got to be totally brain damaged and they should wake up and smell the coffee, because they are thinking and acting like a clueless fool.
I don't have anything in particular against Samsung, but blatant copying is blatant copying and anybody who engages in such pathetic and cowardly actions deserves to get smacked down.
HTC, WiLAN, Openwave, Samsung and Paul Allen have every right to protect their intellectual property and anybody suggesting that they shouldn't be suing Apple or that they should just let things slide has got to be totally brain damaged and they should wake up and smell the coffee, because they are thinking and acting like a clueless fool.
I don't have anything in particular against Apple, but blatant infringements of patents is blatant infringement and anybody who engages in such pathetic and cowardly actions deserves to get smacked down.
Or something like that.
Please don't feed or engage the trolls.
People who don't like what Apple does aren't automatically trolls. Those with justification for their beliefs are welcome here.
But you have to ask them questions to see if they even have any arguments or if they're just parroting copy-pasted text on troll websites. You can't know otherwise.
Then riddle me this. If Samsung actually MAKES the touchscreen panels and are developing new screen technology constantly and the idea/design was so obvious, then why didn't it come to market first?
Is that a serious question? It's an obvious answer to me. With their fingers in so many products already, and without an indication of a viable market for a slate computing device, why would they be inclined to be the first? Apple delayed for years until they felt the time was right to take a chance, and the hardware was in place to make it more likely to be successful.
Something that's seldom (never) mentioned. Without the years of innovation, design, engineering and creation of critical technology and components provided by companies like LG, Sony, Samsung, etc., the iPad wouldn't be possible. The hard work and investment made by those suppliers is greatly underestimated and under-appreciated. Without them Apple would be a simple software company.
Apple did innovate now they recycle the same shit, or take other peoples ideas. Steve himself said they are shameless at stealing ideas.
Ahhh, how much ignorance you show. Lets see if we can fix some of that. This blog entry by a designer isn't a bad introduction to the concept.
Picasso: Good Artists Copy; Great Artists Steal
I'd also like to say... There are some people who say that Apple is only doing this because they don't like competition. Obviously they don't realize that Apple has been competing with the mother of all cmetitors for the last 20 years, Microsoft.
And dealing with that for the last 20 years made Apple LIKE competition?
How does that work?
you want the mods to ban my free speech.... and I'm only showing how many of you act.
My home IP address got banned because my ass clown neighbor started using my wifi to post anti-Apple stuff that annoyed people. I'm betting those messages were nowhere NEAR as annoying and inflammatory as this guy's crap.
Again, my home IP address is BANNED FOR LIFE and nobody in control of this site will even respond to my emails about getting the ban lifted...so how is this guy still here?
Is that a serious question? It's an obvious answer to me. With their fingers in so many products already, and without an indication of a viable market for a slate computing device, why would they be inclined to be the first? Apple delayed for years until they felt the time was right to take a chance, and the hardware was in place to make it more likely to be successful.
Something that's seldom (never) mentioned. Without the years of innovation, design, engineering and creation of critical technology and components provided by companies like LG, Sony, Samsung, etc., the iPad wouldn't be possible. The hard work and investment made by those suppliers is greatly underestimated and under-appreciated. Without them Apple would be a simple software company.
Yes it is a serious question and what you have stated is no real excuse. Why should company X take all of the risk just to have company Y capitalize on it and then scream "Obvious!!!!" when it's taken to court? You stated that the reason these products didn't see the light of day before Apple is because the tech wasn't there yet. Well, I am simply pointing out that these same companies are the exact ones who developed a lot of the tech. What they didn't do was put it all together to make a successful product. That's their own fault and not Apple's. All of this talk about "stifled innovation" is laughable if the only argument is: "This new innovation is soooo obvious. We totally would have done this first, but we just didn't get around to it."
My home IP address got banned because my ass clown neighbor started using my wifi to post anti-Apple stuff that annoyed people. I'm betting those messages were nowhere NEAR as annoying and inflammatory as this guy's crap.
Again, my home IP address is BANNED FOR LIFE and nobody in control of this site will even respond to my emails about getting the ban lifted...so how is this guy still here?
1) No IP is banned for posting anti-Apple stuff. It would be banned for trolling or spamming.
2) You can use a proxy at home or get your service provider to give you a different IP address.
3) You should lock down your network. No free rides unless you're a trucker with a hat that says free mustache rides.
Nope, the size of the screen, or the amount of bezel (or shame of screen) has nothing to do with this community design. All these changes would still be in "violation"
I'm quite sure you're wrong on this point, Menno.
Why?
... because I wasn't talking about the judgement. I was talking about Apple's litigation actions in the first place. I'm quite sure if Samsung had differentiated their tablet even in the slightest, so that it didn't resemble the iPad so closely then Apple wouldn't have gone after them.
Samsung had inside knowledge of Apple's design. I'm sure this is what is pissing them off so much.
1) No IP is banned for posting anti-Apple stuff. It would be banned for trolling or spamming.
2) You can use a proxy at home or get your service provider to give you a different IP address.
3) You should lock down your network. No free rides unless you're a trucker with a hat that says free mustache rides.
1) All he'd admit to was hating on Apple.
2) I'll have to look into that. Does it cost to change your IP address?
3) Who says I'm not? (honestly, my network is locked now. I recently moved and forgot to set a password when I had my new router installed. I'm paying the price now but damn it sucks to pay for what someone else did).