German court bars Samsung Galaxy Tab 10.1 from sale in Europe in Apple suit

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  • Reply 101 of 179
    By their own admission, Samsung went back to the drawing board when the iPad 2 was announced and demonstrated -- to make it lighter, thinner and more like the iPad 2. From what I have read, Sammy went as far as to copy Apple's iPad 2 packaging...



    Also, consider someone, say, Grandma who is not tech-knowledgable and is buying a gift for the grandkid.



    You'd be surprised.



    At IBM we'd get calls from people who had a Burroughs IBM Computer.



    Later in the computer stores we'd be asked of fix or sell software/accessories for someones' Atari or Commodore Apple Computer...



    Never got confused with a Kentucky Fried Computer (later NorthStar) though,
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  • Reply 102 of 179
    Quote:
    Originally Posted by jfanning View Post


    Rubbish. There are many items available that look similar to each other. It will only be real stupid people that get confused, or sales people that misrepresent the items.



    It is has been misrepesented, take it back and get your money back. If you are stupid, that is your problem.



    Okay... so you don't agree with me in your first paragraph but you do agree with me in your second paragraph.



    Interesting...
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  • Reply 103 of 179
    akhomerunakhomerun Posts: 386member
    I would like to see more screenshots of the interface that look more like iOS. Are these judgments based on the overall hardware form factor or the software?



    Usually that home screenshot of the tablet doesn't look like the iPad but I do know that samsung stuff has copied the icon layout and look almost exactly before.



    The fact that it's not just Australia blocking sale really makes me think that there really is something to this.
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  • Reply 104 of 179
    Quote:
    Originally Posted by akhomerun View Post


    The fact that it's not just Australia blocking sale really makes me think that there really is something to this.



    Finally, full circle...



    Post #3:



    Quote:
    Originally Posted by island hermit View Post


    I'm getting the feeling that there's more to this than meets the eye. Same with the Google.



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  • Reply 105 of 179
    cloudgazercloudgazer Posts: 2,161member
    Quote:
    Originally Posted by akhomerun View Post


    I would like to see more screenshots of the interface that look more like iOS. Are these judgments based on the overall hardware form factor or the software?



    Usually that home screenshot of the tablet doesn't look like the iPad but I do know that samsung stuff has copied the icon layout and look almost exactly before.



    The fact that it's not just Australia blocking sale really makes me think that there really is something to this.



    Going off what foss-patents is saying this is based on the hardware design. Specifically the very minimal design with edge to edge glass rather than a bezel, rounded corners, slightly tapering back, etc.



    http://fosspatents.blogspot.com/2011...ranted-by.html



    (Needs flash to view the community design [design patent in american terms] in question )
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  • Reply 106 of 179
    mennomenno Posts: 854member
    Since I doubt this post will get updated, Here is Samsung's official response:

    Quote:

    Samsung is disappointed with the court?s decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany and will continue to actively defend these rights throughout the world.



    The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung.



    We will take all necessary measures to ensure Samsung?s innovative mobile communications devices are available to customers in Europe and around the world.



    This decision by the court in Germany in no way influences other legal proceedings filed with the courts in Europe and elsewhere.



    (source, Thisismynext/Verge)



    Important take aways: Samsung is claiming that they were not notified that this injunction was filed and as such were not given the time to prevent any evidence to even to CONTEST the claims.



    So, if true. This means apple filed this and a judge passed a verdict by ONLY listening to apple's claims and weighing it against nothing.
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  • Reply 107 of 179
    Quote:
    Originally Posted by Dick Applebaum View Post


    They've had their misses too.... iPad HiFi and leather iPad case.....l



    Even I stayed away from those two!
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  • Reply 108 of 179
    Quote:
    Originally Posted by Menno View Post


    So, if true. This means apple filed this and a judge passed a verdict by ONLY listening to apple's claims and weighing it against nothing.



    Yeah, if true.
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  • Reply 109 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by solipsism View Post


    It might take the glow off but it does reflect well on Apple. Since tech stocks traditionally rise and fall at excess in accordance with the markets this is more likely to hold and increase its distance quickly once the markets rebound.



    They did pretty well today. If they went up that much the day their quarterly report came out, we would all be happy, though they haven't gone down as much as the market has, percentage wise.
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  • Reply 110 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by PaulMJohnson View Post


    We Brits tend to find dark humour in things like this (see Cloudgazers comment), so please excuse me if I make my own decisions of what I want to joke about independent of your opinions.



    For clarity, the police shot a man who pulled a gun on them, and he died.



    With all due respect, we prefer to not have that kind of humor over such a sensitive subject. We've had our own problems such as this, and find little humor in it. As a mod, I can set the tone of the thread, and I prefer not to see humor made of deaths, whether you think it was deserved or not. This is a US based site after all. If you aren't happy with that, you can complain to the admins.
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  • Reply 111 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by island hermit View Post


    Since I was talking about Samsung's consumer electronics then I'm not sure. Maybe its consumer goods are still shit but they are able to build very good electronic components for others.



    Which do you suppose it is?



    It used to be that Samsung made junk, and people wouldn't be caught with one of their products, unless they were looking for something cheap.



    But over the years, they've made major strides to become a world class manufacturer. Many of their products are really good these days. I have several.
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  • Reply 112 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by MacRulez View Post


    Ah, the meme that wouldn't die, in spite of its self-evident silliness:



    Let’s be serious about these Android return rates

    http://beust.com/weblog/2011/07/26/l...-return-rates/



    Android Returns Can't Be 30-40%

    http://www.businessinsider.com/andro...e-30-40-2011-7



    The Ridiculous Myth Of Android Return Rates

    http://thehiphopdemocrat.com/2011/07...-return-rates/



    40% of Android phones are returned? ‘Absolutely ridiculous’

    http://www.bgr.com/2011/07/28/40-of-...ly-ridiculous/



    Android phone return rate rumor started by Apple ‘fanboys’

    http://www.examiner.com/gadgets-in-l...-apple-fanboys



    Motorola DROID 2 has lowest smartphone return rate on Verizon Wireless?

    http://www.bgr.com/2010/09/04/motoro...+Genius+Report



    A single unnamed source says you eat kittens.



    lulz



    Actually, none of those links say anything useful. It's certainly possible that one or two of their products have high return rates. The fact that Samsung now refuses to give any numbers on shipments of phones and tablets tells us something is out of whack. The first link doesn't work, by the way.



    No one said that all Android phones have those return rates. That just shows that these writers are pulling things out of their rear. It was said that a few models did. Out of what is estimated to be a couple of hundred. The article also didn't start on MacRumors as that other incompetent said.



    http://techcrunch.com/2011/07/26/and...rns-are-30-40/



    Here's a guy from the web site the Android Community who says he believes the numbers. He's not exactly an iOs fanboy, as you would see if you read his site with any regularity.



    http://androidcommunity.com/android-...rces-20110726/
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  • Reply 113 of 179
    Quote:
    Originally Posted by melgross View Post


    It used to be that Samsung made junk, and people wouldn't be caught with one of their products, unless they were looking for something cheap.



    But over the years, they've made major strides to become a world class manufacturer. Many of their products are really good these days. I have several.



    I have no doubt they make good products now... but I get set in my ways. Hyundai was another product that had a terrible introduction to North America in the 80s. I still shy away from them now even though they are supposed to have a very high rating.



    That's why I'm so happy about Apple's iPad... great intro and getting better all the time. Something that Motorola, Samsung and RIM still have to learn. Consumers tend to have long memories (how the hell did Windows ever get off the ground?!!? ).
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  • Reply 114 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by sranger View Post


    I thought all of this Look and Feel stuff was settled years ago as un-suportable in court. Unless some one copied a technical design, copyright or software it was not considered a violation....



    What has changed recently to allow this?



    It's never changed. It's always been something that is defendable. Apple sued a manufacturer for copying the look of the front of it's first iMacs, and won. Other companies that had shown similar machines never brought them to market as a result.



    This is called, by its formal title; "trade dress". If one item can be mistaken for another, it violates trade dress, and is not allowed. How close it has to be is an interpretation of the court.
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  • Reply 115 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by cloudgazer View Post






    From an american, that's hilariously funny. Aren't you lot the ones who worry that the UN is controlling the world with some sort of conspiracy involving black helicopters?



    Not as long as they are OUR black helicopters.
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  • Reply 116 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by Prof. Peabody View Post


    I'm pretty sure this is just a popular misconception.



    Apple famously brought a look and feel lawsuit against Windows and lost. Up until fairly recently, "the story" was that they lost because such lawsuits are unenforceable. In fact they lost for completely different reasons. Also there is a difference between "trade dress" lawsuits and "look and feel" which is not really a legal term as far as I'm aware.



    Apple lost because their lawyers screwed up the original agreements with Microsoft.
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  • Reply 117 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by Prof. Peabody View Post


    Actually I'm a born in England, English citizen with ancestors going back to the 1400's within a few miles of my Nan's house. I just know when to move on and I consider myself a global citizen (as perhaps we all should nowadays).



    America has the exact same problem anyway, they are just a few years behind. The world won't be safe until we can put all that Empire crap behind us and the USA is not far off from the kind of decay and idiocy sweeping the UK at the moment IMO.



    Nationalism is a disease of which the British and American Empires are just the most extreme and egregious examples.



    There's a lot of this all over. It's not even at its worst in the UK or the USA. Right now, China is the one I'd worry about the most.
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  • Reply 118 of 179
    cloudgazercloudgazer Posts: 2,161member
    Quote:
    Originally Posted by melgross View Post


    With all due respect, we prefer to not have that kind of humor over such a sensitive subject. We've had our own problems such as this, and find little humor in it. As a mod, I can set the tone of the thread, and I prefer not to see humor made of deaths, whether you think it was deserved or not. This is a US based site after all. If you aren't happy with that, you can complain to the admins.



    Well sorry Mel but with all due respect this is a british matter and this is the british way, and so it's in entirely good taste.



    Some recent guardian cartoons:











    Oh and this from the Telegraph













    When stuff can be gently mocked in our quality national newspapers, I think flip comments on a technology forum should be classed as entirely reasonable.
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  • Reply 119 of 179
    orlandoorlando Posts: 601member
    Quote:
    Originally Posted by cloudgazer View Post


    Going off what foss-patents is saying this is based on the hardware design. Specifically the very minimal design with edge to edge glass rather than a bezel, rounded corners, slightly tapering back, etc.



    http://fosspatents.blogspot.com/2011...ranted-by.html



    (Needs flash to view the community design [design patent in american terms] in question )



    In which case how long before all non Apple tablets are banned in Europe as they all follow the same basic design?
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  • Reply 120 of 179
    melgrossmelgross Posts: 33,717member
    Quote:
    Originally Posted by fredaroony View Post


    The "look and feel"? Please, that is so vague its a joke. lol the last defence of someone who cant have a valid argument...personal attacks.



    It's a standard term in the computer industry, even if you, surprisingly, haven't heard of it.



    This isn't the best article, but it is correct.



    http://en.wikipedia.org/wiki/Look_and_feel
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