Jury likely to decide Apple and Samsung case as parties fail to narrow dispute

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  • Reply 81 of 179
    hmmhmm Posts: 3,405member

    Quote:

    Originally Posted by Tallest Skil View Post




     


    Oh, sure! Most classes are still almost exclusively command-line, too, as silly and pointless as that can be at times. It's just that the perpetuation of this form of input turns into "this is the only way to fly" for some people when that couldn't be further from the truth.



     


    Most classes? Well regarding scripting, I mentioned that I use either an IDE or one of the better text editors. Some software just contains an enormous number of GUI icons, pull down menus, etc. and even then doesn't provide every possible function. A good scripting API can allow you to remedy that. I took up Python a while back due to its popularity in this regard. The annoying thing is that some are on Python 2.x.x where others are on 3, and 2.7 actually grabbed features from the 3.x.x language. They backported them for a final 2.x.x release. It does get annoying.

  • Reply 82 of 179
    charlitunacharlituna Posts: 7,217member
    jragosta wrote: »
    .
    But that's not the issue of this trial..

    Yes Apples violation of Samsung FRAND patents was part of this. Personally I don't think it should have been because it mixes two totally different patent situations together but it wasn't my call.
  • Reply 83 of 179
    charlitunacharlituna Posts: 7,217member
    tbell wrote: »
    As seen with Apple settlement with Nokia, Apple is willing to agree to reasonable licensing terms for standard essential patents. It, however, isn't going to be discriminated against merely because it sells a lot of product.

    That is the D in FRAND. And a lawsuit is the only way to get the facts to prove the argument since licenses are not public info.

    It seems to me that the solution is that when a standard is created a neutral licensing office is created that isn't under the control of any of the member companies. That office handles the paperwork for a preset licensing scheme that is the same for all parties and pays the member parties their cut based on how many of their patents are being used etc.

    Either that or much restricter rules about what values can be used to set a rate, who pays when it's things like a 3G antenna chip and so on.

    Or even perhaps both
  • Reply 84 of 179

    Quote:

    Originally Posted by SolipsismX View Post





    I don't think they'll be hung but I do agree that this had to be a stressful case. From their PoV I'd think it would switch to petty claims of "look and feel" to overly dry technical details.


    I dont think they will be hung either, I think that apple will win the bulk of there case while loosing some things to samsung, say something like 70% rulings in favor of apple and 30% samsung even though from the evidence i have seen samsung deserves to have there head handed to them on a silver platter.

  • Reply 85 of 179
    charlitunacharlituna Posts: 7,217member
    lamewing wrote: »
    Shouldn't the moderators job be to make sure everything runs well in the forums and not to constantly post their opinions in the forums?  .

    Last I checked this wasn't the 'discuss what the job of a forum moderator is' thread.

    So perhaps we could stick to the topic and you can debate what you think the rules should be etc on its own thread.
  • Reply 86 of 179
    charlitunacharlituna Posts: 7,217member
    al_bundy wrote: »
    i have a lot of apple stuff at home but there were lots of candy bar style phones out before the iphone. samsung entered like 10 of them into evidence,

    Doesn't mean they pass the legal tests for prior art. Especially on terms of the specifics of the patent. And specifics are very important. You can have two things that are 99.9% the same but on that last detail they are different and thus legally there is no violation. Many parallel developed tech come down to that notion. Looks the same to the user but is implemented a different way and the implementation is specified in the patent. So it was two folks with the same idea at the same time, but no violation. Many of the ideas that Apple 'steals' are this game.

    You mention candy bar phones. I had one. A Nokia. Had a grid of icons on a little screen above the keypad. Is that prior art. Likely not since I didn't touch that grid to select one but used an arrow key on the keypad. Some of the phones Samsung submitted could come down to the same thing and the jury will likely say no they aren't prior art for Apple's 'specific' patent
  • Reply 87 of 179
    The old mobile phone companies, like Motorola, Nokia and Samsung, have lots of patents on phone and network technology. These patents are mostly standards-essential, meaning the patent holders have committed to licencing out to all comers, including Apple.

    The new mobile phone company, Apple, has patents on computer technology relating to operating system, functionalities and applications. These patents are mostly private and unique to Apple, which licences them out in its sole discretion and on a commercial and strategic basis.

    Obviously, the old mobile phone companies are endlessly p****d *ff by having to let Apple get THEIR phone and network patents, while Apple at the same time mostly refuses to licence out its private computer software patents.

    Apple seeks to protect and preserve the uniqueness of its products, mostly related to private non-standards computer software patents.

    Of course Apple needs to pay, you know, fair and reasonable fees to all holders of all patents for all standards-related phone and network technology. Not all of those fees have been agreed upon.

    Apple in the big scheme of things is defending itself against unreasonable fees claims for standards related phone and network technology, while at the same time attacking others for stealing Apple's private and unique computer software technology.

    The new device class of smart phone is a computer with phone capabilities. The old mobile phone companies have failed miserably to invent in this device class which Apple arguably created. The old mobile phone companies now have to rely on Google and Microsoft to do their inventing.
  • Reply 88 of 179
    ewanewan Posts: 36member

    Quote:

    Originally Posted by jragosta View Post




    Quote:

    Originally Posted by Ewan View Post


    Is Judge Koh Kohrean by any chance? He seems very bias against Apple.


     






    I guess I see where your previous opinion came from. You seem to love proving your ignorance.

    Koh is not Korean. She's American. He's also not a 'he'. You would be better off if you stop expressing opinions on subjects you don't understand.


     


    I'm the ignorant one? You are calling her American when she is clearly of Korean-American. I know you are a racist and would love to strip everyone of their culture and race for your own personal hatred. Don't assume if you don't know, and don't talk if you don't know.

  • Reply 89 of 179


    Originally Posted by Ewan View Post

    I'm the ignorant one? You are calling her American when she is clearly of Korean-American. I know you are a racist and would love to strip everyone of their culture and race for your own personal hatred. Don't assume if you don't know, and don't talk if you don't know.


     


    OI! No. She's an American. Born in Washington D.C. Of Korean descent. She can't even speak Korean.


     


    I am an American. Born in Bluffton, Ohio. Of Swiss-Irish descent. I am neither Swiss nor Irish, though I can speak German (high school) and a smidge of Irish (lived there for four months and am currently learning in my spare time for fun).


     


    Please stop this nonsense.

  • Reply 90 of 179
    ewan wrote: »
    I'm the ignorant one? You are calling her American when she is clearly of Korean-American. I know you are a racist and would love to strip everyone of their culture and race for your own personal hatred. Don't assume if you don't know, and don't talk if you don't know.

    Hmmm.... Can you define for us who's 'American'?

    For example, I am a naturalized citizen, of non-US descent. The only passport I have says 'USA' on it. I vote. I pay taxes. Am I an 'American?'
  • Reply 91 of 179

    Quote:

    Originally Posted by jragosta View Post



    While it's true that whoever wins has the upper hand, winning at least SOMETHING on appeal is not as uncommon as you think. After all, Apple won an appeal on this very case in order to get an injunction on the sale of some Samsung products.


     


    True, but that is a single issue.  If the jury were (as unlikely as I think it is) find for Samsung, I am convinced any victory for Apple on appeal would likely be much, much smaller.  Though I reserve the right to be wrong...  


     


    Samsung has more to gain on an appeal than Apple does.  Especially if Samsung is hit with both the import ban and the full 2.5 billion in damages, there is a decent chance they could lessen the blow on appeal.

  • Reply 92 of 179
    solipsismxsolipsismx Posts: 19,566member
    ewan wrote: »
    I'm the ignorant one? You are calling her American when she is clearly of Korean-American. I know you are a racist and would love to strip everyone of their culture and race for your own personal hatred. Don't assume if you don't know, and don't talk if you don't know.

    Since when do we apply the ethnicity of our heritage when talking about the culture and nation we grew up in. She's American. I certainly don't describe myself as an Ostrogoth-Roman-American but I can certainly trace my heritage back.

    You are being bigoted and racist by applying her heritage to her nationality. Did she grow up in Korea? Has she even spent any length of time in Korea? Not that it would matter unless you'd say I can do the same for having visited about a 1/5th of the world's countries.
  • Reply 93 of 179
    jragostajragosta Posts: 10,473member
    ewan wrote: »
    I'm the ignorant one? You are calling her American when she is clearly of Korean-American. I know you are a racist and would love to strip everyone of their culture and race for your own personal hatred. Don't assume if you don't know, and don't talk if you don't know.

    I don't need to assume. I know the facts.

    She was born in the United States. She holds a US passport. That makes her American.

    Your attempt to accuse her of bias because of some ancestral heritage is foolish. By that standard, no one should ever judge an international case because almost everyone has some ancestors from multiple places around the world.

    By your silly logic, I'm Italian-American, French-American, Irish-American, German-American, English-American, Yugoslav-American, and probably quite a few other things. In the REAL world, I'm simply American.
  • Reply 94 of 179
    Well, they say if you repeat a lie enough, that makes it true.

    "Samsung is innovative."
    "Samsung is innovative."
    "Samsung is innovative."
    [SIZE=12px]"Samsung is innovative."[/SIZE]
    [SIZE=11px]"Samsung is innovative."[/SIZE]
    [SIZE=10px]"Samsung is innovative."[/SIZE]
    [SIZE=9px]"Samsung is innovative."[/SIZE]
    [SIZE=8px]"Samsung is innovative."[/SIZE]
    [SIZE=7px]"Samsung is innovative."[/SIZE]
    [SIZE=6px]"Samsung is innovative."[/SIZE]
    [SIZE=5px]"Samsung is innovative."[/SIZE]
    [SIZE=4px]"Samsung is innovative."[/SIZE]
    [SIZE=3px]"Samsung is innovative."[/SIZE]
    [SIZE=2px]"Samsung is innovative."[/SIZE]
    [SIZE=1px]"Samsung is innovative."[/SIZE]

    Goddamn, the Retina Display shows that fine print mighty fine.
  • Reply 95 of 179
    mstonemstone Posts: 11,510member

    Quote:

    Originally Posted by SolipsismX View Post





    Since when do we apply the ethnicity of our heritage when talking about the culture and nation we grew up in. She's American. I certainly don't describe myself as an Ostrogoth-Roman-American but I can certainly trace my heritage back.

    You are being bigoted and racist by applying her heritage to her nationality. Did she grow up in Korea? Has she even spent any length of time in Korea? Not that it would matter unless you'd say I can do the same for having visited about a 1/5th of the world's countries.


    Of course you are technically correct however I believe it is worth mentioning that many immigrants to this country live in tight knit communities for many generations. Examples of Vietnamese, Chinese and Koreans are all quite evident at least here in Southern California. An example is my next door neighbor, who is Korean, a naturalized citizen and has lived here for more than 50 years yet doesn't speak a word of English. They have a business in a Korean section near Los Angeles and they live entirely as they did in Korea. The street and business signs are in Korean and you would be hard pressed to hear any English being spoken in the street yet a large majority of these people are Americans. I'm not claiming that the judge is at all prejudiced by her ethnicity but the the foreign nationalism of some cultures within the US is real and very extreme. The older European immigration into the US had the same effect for only a generation or two. The Asian cultures are much more resistant to integration in my observation. Obviously there is a similar situation with Mexican Americans.

  • Reply 96 of 179
    mstone wrote: »
    Personally I would prefer that Apple settle and license virtually every patent claim thus taking the high road. My feeling is that they would profit even more and minimize the critical media press commentaries therefore enhancing their public image and further solidifying their dominate position in mobile technology worldwide. That way they could pay the fees yet maintain their own IP. Perhaps it would add another $50 to the cost but that being subsidized would not make that much difference. When it was time to take another company to court over patents the competitor would have no counter position to argue from since Apple would have already licensed all relevant patents.
    I know that sounds a bit idealistic but I don't like seeing all of Apples private research and strategy information being made public.

    In order to license something, possible buyers would have to believe you own it in the first place.

    Why buy the cow when the milk is free?
  • Reply 97 of 179
    845032 wrote: »
    <h1 id="user_article_headline">Google’s Motorola Files New Patent Case Against Apple</h1>

    http://www.businessweek.com/news/2012-08-17/google-s-motorola-files-new-patent-case-against-apple-at-itc

    Whatever, Samsung is not the last one.
    Good Luck with that
    Apple is 'one and only' trouble maker in industry.
    World will be a better place if without Apple

    Did you type that yourself or use a Korean-to-English translator?
  • Reply 98 of 179
    solipsismxsolipsismx Posts: 19,566member
    mstone wrote: »
    Of course you are technically correct however I believe it is worth mentioning that many immigrants to this country live in tight knit communities for many generations. Examples of Vietnamese, Chinese and Koreans are all quite evident at least here in Southern California. An example is my next door neighbor, who is Korean, a naturalized citizen and has lived here for more than 50 years yet doesn't speak a word of English. They have a business in a Korean section near Los Angeles and they live entirely as they did in Korea. The street and business signs are in Korean and you would be hard pressed to hear any English being spoken in the street yet a large majority of these people are Americans. I'm not claiming that the judge is at all prejudiced by her ethnicity but the the foreign nationalism of some cultures within the US is real and very extreme. The older European immigration into the US had the same effect for only a generation or two. The Asian cultures are much more resistant to integration in my observation. Obviously there is a similar situation with Mexican Americans.

    I've spent plenty of time in LA's Korea Town to know exactly what you mean.

    If Koh has a strong link to her culture and wants to call herself Korean-American then she can do so and I will in turn refer to her as such. However, in the comment I referred to she is being called Korean-American simply because she's an American who look's Korean. I have seen no mention of how many generations her family have been in the US. I've seen no mention of how strong her ties are to the Korean community. In fact, the only mention I've read is that she doesn't speak Korean.

    PS: I used to date a half-Japanese girl. Her mother was from Okinawa (I'm sure you can guess what occupation her father was in). So we're talking 1st generation. Her mother's English was very poor but she was American and saw herself only as American with Japanese ancestry. There was little to no cultural transference. Most of this is because only one her parents was Japanese (Koh looks like both her parents are at least from East Asiatic decent) and she had no other family or community support in the Japanese culture. I know more Japanese words than she did just from watching Kurosawa films and the like.


    PPS: I also follow the same paradigm for transvestites and transexuals because sex and gender are distinct despite the common interchangeable usage. If you want to dress as the opposite sex you were born, pre- or post-op, then I'll use the pronoun that you wish to be referred as. Seems fair to me.
  • Reply 99 of 179
    mstonemstone Posts: 11,510member

    Quote:

    Originally Posted by SolipsismX View Post



    PS: I also follow the same paradigm for transvestites and transexuals because sex and gender are distinct despite the common interchangeable usage. If you want to dress as the opposite sex you were born, pre- or post-op, then I'll use the pronoun that you wish to be referred as. Seems fair to me.


    I'll keep that in mind. Sadly, I don't have a lot of transgender acquaintances. Living in Irvine, in Orange County is a rather sanitized version of Southern California.

  • Reply 100 of 179
    mstone wrote: »
    Of course you are technically correct however I believe it is worth mentioning that many immigrants to this country live in tight knit communities for many generations. Examples of Vietnamese, Chinese and Koreans are all quite evident at least here in Southern California. An example is my next door neighbor, who is Korean, a naturalized citizen and has lived here for more than 50 years yet doesn't speak a word of English. They have a business in a Korean section near Los Angeles and they live entirely as they did in Korea. The street and business signs are in Korean and you would be hard pressed to hear any English being spoken in the street yet a large majority of these people are Americans. I'm not claiming that the judge is at all prejudiced by her ethnicity but the the foreign nationalism of some cultures within the US is real and very extreme. The older European immigration into the US had the same effect for only a generation or two. The Asian cultures are much more resistant to integration in my observation. Obviously there is a similar situation with Mexican Americans.

    The causes for why immigrant -- even non-immigrant, non-ethnic -- cultures sometimes clump together are complex and varied.

    To suggest that it has to do with 'real and extreme foreign nationalism' is facile.
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