Originally Posted by lamewing
So what is Samsung to do?
1. Don't use the bounce. OK.
2. Don't use the double tap. OK
3. Don't use a horizontal swipe to unlock. OK.
I think all of those things could be easily licensed easily enough.
So what should Apple do?
1. Pay the licensing fees for the FRAND patents.
So, the only issue is trade and dress. Should Samsung not be allowed to make black or white tablets? Should Samsung not be able to make a tablet that is as thin or thinner than the competition? Should Samsung not be able to use a glass touchscreen?
These are serious questions. At what point does Apple "own" the tablet design that uses black/white, rectangular shape, glass touchscreen panel, etc etc? Is Apple the ONLY company that can use this design. Must everyone else make an ugly looking tablet? I base the idea of attractiveness on what the customer expects. There are certain car designs elements that are expected in a sleek and sexy car. So if Toyota wants to make a sleek sports car must they avoid using smooth lines so as not to upset the other automobile manufacturers?
At some point this crap has to end.
The fact remains, Apple was the first manufacturer to focus on rounded rectangles as the primary shape. How or if that image should be protected is issue at trial. There are a handful of devices that in common use are very difficult to tell from an iPhone. There is some differentiation, but not much.
So... If you ignore the minimalism aspect, what do you do when you generate an iconic form and everybody else copies it? Come up with a new iconic form every two years, just to have the same thing happen?