To be fair though, apple hasnt been winning on design from the courts.
In netherlands they won on a patent for scrolling behavior.
In australia, they won on patents involving touch input and manufacturing processes.
Even in the US, i think the focus has now shifted to a patent on scrolling behavior yet again.
It was only in germany that apple won on a design basis. And even then it was not even on a design for currently shipping products.
So it seems that either the courts dont really seem to care about the design, or the case for copying design is weak.
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
Why don't we consider scale here? Lets say you can't distinguish between an iPad and a Galaxy Tab from 10 feet away. You are then asked to distinguish a Ford from a Chevrolet from 10 feet. Whether or not you know which car is a Ford and which car is a Chevy, you can probably tell they are different. But cars are much larger than tablets, so lets move back to about 180 feet away. Can you still distinguish between them? That depends on how much you know about Fords and Chevrolets.
Why do we need 10 feet to tell the difference? Because I could't tell the difference from even 10 inches away for this one.
Behold mates, a soon to be released Samsung Galaxy Ace Plus!!
It looks like this is another case of Apple suing on the basis of Community Designs and not specifically any resemblance to current Apple products. At least that's what FOSSPatents is reporting. Apple is claiming the Galaxy designs resemble line-art drawings that Apple has EU rights on. With as many as they submitted, I have no doubt that anything Samsung, or HTC or Nokia or anyone else designs will resemble some line drawing of Apple's if they wish to pursue the issue. . .
which they do.
There are no technical patents being claimed in these new lawsuits, simply Community Designs.
EDIT: Coming from Florian Mueller, I found this amusing:
Quote: "If Samsung promised not to build flat rectangular devices with rounded corners, and not to use the colors black and white, Apple might be fine, but such a wide-ranging exclusion would go way beyond what the courts are going to expect Samsung to do."
It looks like this is another case of Apple suing on the basis of Community Designs and not specifically any resemblance to current Apple products. At least that's what FOSSPatents is reporting. Apple is claiming the Galaxy designs resemble line-art drawings that Apple has EU rights on. With as many as they submitted, I have no doubt that anything Samsung, or HTC or Nokia or anyone else designs will resemble some line drawing of Apple's if they wish to pursue the issue. . .
which they do.
There are no technical patents being claimed in these new lawsuits, simply Community Designs.
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
You missed the point. A product that is outwardly identical to another product including brand name in order to deceive consumers is not an example of competition between similar products.
I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
You cant really cheer that lawsuits are decided on merits then scream foul when the decision doesnt match your expectations; that makes you no better than the fanboys.
While corruption may be an issue, the fact that EVERY court has thrown out Apple's design claims, not just one or two leads me to believe that that isnt the case.
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
Wow, that's new. An Apple Nazi. How old are you? Eight?
Quote:
Originally Posted by jannewmx
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
You're too dumb to even spell Samsung right. Unbelievable.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
You honestly think that people are going to buy that?
Whatever Apple does or whether it loses the injunction case or not, Samsung will continue to copy Apple products and even Apple TV commercials. One particular Samsung Galaxy Tab 10.1 commercial I saw in South Korea was not only similar to Apple's localized iPad TV ad but the voice actor in it used the same exact intonation as the voice actor in Apple's localized TV ad. That was sickening.
I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.
It's ok if you don't know what similarity means with regards to IP lawsuits; I don't know the legal definition either. All you have to know to understand what I was saying is the difference between identical and similar. A fake Rolex is what you would call identical because it would take close inspection, possibly even inspection of the internal mechanism, to tell the difference between the real Rolex and the copy. A Timex is what you would call similar. Both being watches with three hands and a range of possible dials within the larger face, they are substantially similar devices, but one of them feels a little nicer, has a better design, and is probably a more accurate timekeeper. You can tell them apart even though they serve the same purpose and do it in mostly the same ways. That is the same set of conditions surrounding the iPhone and its competitors. They are not identical even though they serve the same purpose and do it in mostly the same ways.
Whatever Apple does or whether it loses the injunction case or not, Samsung will continue to copy Apple products and even Apple TV commercials. One particular Samsung Galaxy Tab 10.1 commercial I saw in South Korea was not only similar to Apple's localized iPad TV ad but the voice actor in it used the same exact intonation as the voice actor in Apple's localized TV ad. That was sickening.
That would be a copyright violation, if Apple's ad is copyrighted in Korea.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
Good luck with that...I've tried to explain that ad infinitum in the Tab case and no one seemed to pay attention and kept saying that the suit was about resemblance to the iPad when it was about a drawing.
I think Apple product owners should file a tort claim against samesung. Samesung's blatant copying of Apple's products make Apple products value go down, hence lowering the value of Apple product's resale value. I think this lawsuit will be a game changer for Apple. Samesung is like a famous forger, just 'cause they copy Apple products better than every other manufacturer who tries to mimic Apple, doesn't excuse them from their 'illegal' activities. It's just pathetic how a forger's forgery is valued higher than some other manufacturers who make honest phones.
Comments
Well said. I hope Apple win. Let Google and Samsung et al go and develop their own OS, heck if Microsoft can do it ... nuff said ...
(Clarification ... I am talking Mobile OS, of course I know MS couldn't develop their own desktop OS)
This isn't about the OS.
To be fair though, apple hasnt been winning on design from the courts.
In netherlands they won on a patent for scrolling behavior.
In australia, they won on patents involving touch input and manufacturing processes.
Even in the US, i think the focus has now shifted to a patent on scrolling behavior yet again.
It was only in germany that apple won on a design basis. And even then it was not even on a design for currently shipping products.
So it seems that either the courts dont really seem to care about the design, or the case for copying design is weak.
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
This is really easy to answer.
Never
and No
Care to explain why you reached this conclusion?
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
lol....
Why don't we consider scale here? Lets say you can't distinguish between an iPad and a Galaxy Tab from 10 feet away. You are then asked to distinguish a Ford from a Chevrolet from 10 feet. Whether or not you know which car is a Ford and which car is a Chevy, you can probably tell they are different. But cars are much larger than tablets, so lets move back to about 180 feet away. Can you still distinguish between them? That depends on how much you know about Fords and Chevrolets.
Why do we need 10 feet to tell the difference? Because I could't tell the difference from even 10 inches away for this one.
Behold mates, a soon to be released Samsung Galaxy Ace Plus!!
http://www.gsmarena.com/samsung_gala...tures-4397.php
which they do.
There are no technical patents being claimed in these new lawsuits, simply Community Designs.
EDIT: Coming from Florian Mueller, I found this amusing:
Quote: "If Samsung promised not to build flat rectangular devices with rounded corners, and not to use the colors black and white, Apple might be fine, but such a wide-ranging exclusion would go way beyond what the courts are going to expect Samsung to do."
http://fosspatents.blogspot.com/2012...ucts-with.html
It looks like this is another case of Apple suing on the basis of Community Designs and not specifically any resemblance to current Apple products. At least that's what FOSSPatents is reporting. Apple is claiming the Galaxy designs resemble line-art drawings that Apple has EU rights on. With as many as they submitted, I have no doubt that anything Samsung, or HTC or Nokia or anyone else designs will resemble some line drawing of Apple's if they wish to pursue the issue. . .
which they do.
There are no technical patents being claimed in these new lawsuits, simply Community Designs.
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
You missed the point. A product that is outwardly identical to another product including brand name in order to deceive consumers is not an example of competition between similar products.
I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.
http://www.gsmarena.com/samsung_gala...tures-4397.php
Unbelievable.
They have no self-respect.
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
You cant really cheer that lawsuits are decided on merits then scream foul when the decision doesnt match your expectations; that makes you no better than the fanboys.
While corruption may be an issue, the fact that EVERY court has thrown out Apple's design claims, not just one or two leads me to believe that that isnt the case.
It's like Steve Jobs said, let's go thermonuclear!
Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
Wow, that's new. An Apple Nazi. How old are you? Eight?
I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
You're too dumb to even spell Samsung right. Unbelievable.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
You honestly think that people are going to buy that?
I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.
It's ok if you don't know what similarity means with regards to IP lawsuits; I don't know the legal definition either. All you have to know to understand what I was saying is the difference between identical and similar. A fake Rolex is what you would call identical because it would take close inspection, possibly even inspection of the internal mechanism, to tell the difference between the real Rolex and the copy. A Timex is what you would call similar. Both being watches with three hands and a range of possible dials within the larger face, they are substantially similar devices, but one of them feels a little nicer, has a better design, and is probably a more accurate timekeeper. You can tell them apart even though they serve the same purpose and do it in mostly the same ways. That is the same set of conditions surrounding the iPhone and its competitors. They are not identical even though they serve the same purpose and do it in mostly the same ways.
Whatever Apple does or whether it loses the injunction case or not, Samsung will continue to copy Apple products and even Apple TV commercials. One particular Samsung Galaxy Tab 10.1 commercial I saw in South Korea was not only similar to Apple's localized iPad TV ad but the voice actor in it used the same exact intonation as the voice actor in Apple's localized TV ad. That was sickening.
That would be a copyright violation, if Apple's ad is copyrighted in Korea.
Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.
The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
Good luck with that...I've tried to explain that ad infinitum in the Tab case and no one seemed to pay attention and kept saying that the suit was about resemblance to the iPad when it was about a drawing.