Originally Posted by solipsism
1) You really think a digital photo frame is the same device as the iPad?
I doubt he does, but apple's suing over community design, and their community design was a basic rectangle. Even the Bezel wasn't part of this design (screen size wasn't part of the award) They received the injunction over this SINGLE hardware community design (so software shouldn't be considered).
The Community design in the EU hinges on the fact that an "informed" user would have difficulty telling the products apart. I don't really see that with the tab. I've had people mistake it for an ipad at first glance, it's true, but WITHOUT EXCEPTION every single one of them says something like "Oh, that's not an ipad, what is that?" and that's before I turn it on.
And Apple is levying the SAME design against the XOOM and apparently the new 7.7, two devices that NO ONE would confuse with an ipad, let alone an "informed" user. There's a reason Apple filed this in the EU's version of the "east district of texas."
2) Do you know by how many decades the black framed photo predates any
digital photo frames? I'd say it's at least several.
So? Samsung's not claiming they invented the photo frame. Apple IS claiming that they invented the "black slab" style device. I don't think the picture frame is really be best defense of this personally, but it does show that the concept of "minimalist" design isn't something that's brand new. The concept of a slab style button less tablet also isn't new. a newspaper designer pitched it back in 2004 (and that's not even counting Sci-fi)
That's why the Dutch Judge said he didn't consider apple's claims in those areas valid because their design is SO minimalistic. They're levying the attack on anything that even has a passing resemblance, which is quite easy since everyone's going to make their tablet into a rectangle (a few daring companies, like Sony, might mess with the back but the front is unchanged)
The history of tech is that products tend to become thinner, lighter, more streamlined. Flares common in older tech tend to fade out of importance with time as the manufacturers seek to streamline the process. With Display tech, you have the added fact that "flare" and unique design.. ANYTHING that distracts from the screen (no matter how amazing the functions it offers) is undesirable. You want to hide it behind the screen, or with touch devices, ON the screen, but only when it's needed. (the designer who came up with LCARS mentioned this as well)
Do I think Samsung crossed a line with Touchwiz (at least as it's seen on galaxy S line devices) and with the galaxy S line? Of course. But Apple's going after all their android devices, but NOT all their touchwiz devices (no bada phones listed). Then they're using the community design patent to go after 7 inch devices, or devices like the Xoom. Implying that if you put a galaxy 7.7 prototype up against an ipad, an INFORMED user wouldn't know the ipad from the galaxy.
EDIT: And I'll link to this article a second time, because it should be read: http://www.technobuffalo.com/compani...-gone-too-far/