It's a-holes like you that make me feel slightly embarrassed to admit to owning Apple products. Because I certainly don't want people thinking I'm anything like you.
Yes. Because he speaks for everybody in the world. smh
This is a bad judgement from the court and their argument is weak.
How can they claim that an "informed user" can easily tell the difference, when Samsung's own lawyers could not tell the difference? The average person probably thinks that all tablets are iPads.
Anyway, this is not really that big of a deal. Anybody who buys a Samsung tablet, either informed or not informed, gets what they deserve, and they will receive no pity or sympathy from me.
Anybody who ends up with an Android tablet is doomed to a tablet life of misery, frustration and despair, leading Fandroid morons to endlessly post stupid things on the web, like "When is this game coming out for Android?". Go check out the comments on various places for the huge Star Wars RPG (one of the best RPG's of all time) that just got released for the iPad, and check out how many moronic Fandroids ask when it's coming out for Android?
gotta love the mod double standard in this thread.
Perfectly OK to call Fandroids morons, but don't you care mention that Apple fanbois are butthurt...
I, for one, applaud the Dutch Court for ruling in line with the rest of the world.
Apple holds a design patent in Europe on the iPad, but the Supreme Court limited the applicability of that design patent, claiming prior art.
It's not a patent. It's an EU registered Community Design. Unlike a patent, you just have to file -- no examination is done unless it's challenged.
Quote:
One of the larger issues in the case was the "rounded-rectangle" aspect of the iPad, a feature for which Apple has secured design patents wherever possible around the world.
There's the rub. Apple never used their actual iPad design in court.
Instead, Apple kept trying to use that 2004 Community Design, which was not the registered design of any actual product. Instead, it was a picture of a rather plain rounded rectangular slab, making it nearly impossible for a jury or court to convict on something so generic:
Apple's problem was that they couldn't use an actual iPad design patent, because it would include features such as the Home button, which immediately differentiates it from other tablet designs. Actual US iPad design patent below:
What's so difficult for you to understand about not posting something when it has been deleted twice already?
twice? did my first post really not go through? I could have swore i posted it three times.
What's difficult for me to understand is why inflammatory comments such as Apple II's are allowed to stand. Do the mods believe that it is perfectly ok to call fandroids morons, but not ok to point out that apple fanbois are butthurt?
It's not a patent. It's an EU registered Community Design. Unlike a patent, you just have to file -- no examination is done unless it's challenged.
There's the rub. Apple never used their actual iPad design in court.
Instead, Apple kept trying to use that 2004 Community Design, which was not <span style="line-height:1.231;">the registered design of any actual product. Instead, it was a picture of a rather plain rounded rectangular slab, making it nearly impossible for a jury or court to convict on something so generic:</span>
<span style="line-height:1.231;">Apple's problem was that they couldn't use </span>
<span style="line-height:1.231;">an actual iPad design patent, because it would include features such as the Home button, which immediately differentiates it from other tablet designs. Actual US iPad design patent below:</span>
And the fact that people are still confused over this shows that the UK Judge was completely justified in ordering Apple to post the apology on their website.
What's difficult for me to understand is why inflammatory comments such as Apple II's are allowed to stand.
This is an Apple-centric site. Do you think it's escaped anyone's attention that similar is allowed against Apple users on Android-centric sites? Why are we supposed to play nice against Android fans that troll this forum?
"the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference."
That leaves too wide a gap for too many users to buy Samsung Tablet, thinking that it's either The Same Thing as iPad, or Almost The Same Thing, but for less money!!!
It'd be great if Apple had Infomercials Videos on its site that would help people make a More Informed Choice!
Let those Videos go through the Differences between iPad and Android Tablets, or even between iPhones and Android Phones!
The could Blur the Names of the Competing Devices, if need be for Legal Reasons!
The Videos would show what Apple Products do, and its advantages!
But the flip side is that it would invite Tit for Tat War of Ads?!
So maybe the best thing would be to have more Show And Tell Videos on Apple Site, and demonstrate the Main Features Usage in Daily Lives?
The Heading could be be:
Watch This Before You Buy!!!!
Just my 2c…
Unless the rules have changed in recent years, many European countries prohibit comparative advertising. Did the Mac vs. PC ads play in Europe? (I'm asking).
The primary finding was that only the front of the Samsung tablet looked similar. The sides and back did not.
The front alone was not enough, since there was prior art for such a frontal look. Most reporters repeat the Court's reference to the 1994 Knight-Ridder tablet newspaper concept...
...but the court also cited the 2004 Ozolins flat front display design (an earlier version of which dates back to 2000)...
(Ozolins' design has been cited by many courts that have found against Apple. That's why Apple wanted it, the K-R design, and others, kept out of the California trial. As it turned out, the California jury found in favor of Samsung's tablet anyway.)
I'd agree with at least one part of the verdict - How anybody could confuse a piece of sh*t Android tablet to an iPad is beyond me. Apple builds quality products whereas Android is slapped on any piece of garbage.
Good point, that Judge must have tried them both enough to see the huge difference.
Unless the rules have changed in recent years, many European countries prohibit comparative advertising. Did the Mac vs. PC ads play in Europe? (I'm asking).
Thanks to your Comment, I learnt that it a complicated legal issue:
European countries prohibit Comparative Advertising - Google Search http://j.mp/12mJe2w
To expand (infringe?) upon someone else's observation, maybe if the photo had a black iPad, the same orientation & hadn't shrunk the 10.1" Galaxy Tab the comparison would have been clearer.
I seriously don't get where Apple are coming from with their legal strategy, never has the term 'divide & conquer' been more apt. Apple are an integrator, they take standard or custom components (hardware or software) and integrate them via unique designs to produce products which never worked before. It's the combination not the design components which are unique. It's like saying Apple never came up with a unique expression or saying because they used the same alphabet as everyone else and one of the, inevitable, vowels was drawn in a similar way to someone else's back in 1994.
The tragic irony of this video being used against Apple is that the product never existed, it was a mock-up, notice the prevalence of the Chicago font? It was created with Macs! Hoisted!
On the Dutch - I guess this means they're not prepared to uphold protection of anyone else's IP so forfeit their own. That's a lot of licenses Heineken (which owns Guinness) Royal Dutch Shell & Phillips can no longer collect on. The economic effect would render the Netherlands another European Economic basket-case but would serve to warn the rest of us what slack protection of IP means. As we no longer engineer or manufacture anything, design is all we have and we'd do well to protect it, besides it couldn't happen to a nicer bunch!
Comments
sorry, but this decision is in line with what courts have ruled in the rest of the world, so no surprises here.
still can't accept that the courts have largely thrown out Apple's design claims huh.
gotta love the mod double standard in this thread.
Perfectly OK to call Fandroids morons, but don't you care mention that Apple fanbois are butthurt...
I, for one, applaud the Dutch Court for ruling in line with the rest of the world.
Originally Posted by majjo
Perfectly OK to call Fandroids morons, but don't you care mention that Apple fanbois are butthurt...
What's so difficult for you to understand about not posting something when it has been deleted twice already?
Quote:
Originally Posted by AppleInsider
Apple holds a design patent in Europe on the iPad, but the Supreme Court limited the applicability of that design patent, claiming prior art.
It's not a patent. It's an EU registered Community Design. Unlike a patent, you just have to file -- no examination is done unless it's challenged.
Quote:
One of the larger issues in the case was the "rounded-rectangle" aspect of the iPad, a feature for which Apple has secured design patents wherever possible around the world.
There's the rub. Apple never used their actual iPad design in court.
Instead, Apple kept trying to use that 2004 Community Design, which was not the registered design of any actual product. Instead, it was a picture of a rather plain rounded rectangular slab, making it nearly impossible for a jury or court to convict on something so generic:
Apple's problem was that they couldn't use an actual iPad design patent, because it would include features such as the Home button, which immediately differentiates it from other tablet designs. Actual US iPad design patent below:
twice? did my first post really not go through? I could have swore i posted it three times.
What's difficult for me to understand is why inflammatory comments such as Apple II's are allowed to stand. Do the mods believe that it is perfectly ok to call fandroids morons, but not ok to point out that apple fanbois are butthurt?
Originally Posted by majjo
Do the mods believe that it is perfectly ok to call fandroids morons, but not ok to point out that apple fanbois are butthurt?
We're. On. An. Apple. Website.
And the fact that people are still confused over this shows that the UK Judge was completely justified in ordering Apple to post the apology on their website.
This is an Apple-centric site. Do you think it's escaped anyone's attention that similar is allowed against Apple users on Android-centric sites? Why are we supposed to play nice against Android fans that troll this forum?
Rule zero violation.
Many of you argue that even informed People cannot distinguish between the design of the two devices. Maybe, but what does this mean?
How many of you experts can say the Name of the brand by just looking at
- a TV
- a Refrigerator
- a washing machine
- a notebook
- a PC monitor
- a ....
Why do you think that this should be different for tablets?
Please start thinking about that instead of repeating ridiculous patent claims from Apple.
Quote:
Originally Posted by GadgetCanadaV2
"There's only two things I hate in this world. People who are intolerant of other people's cultures and the Dutch"
This thread went pretty much as I expected. Everyone is just commenting on the headline.
Quote:
Originally Posted by Gatorguy
It's a major import hub for the rest of Europe.
It's also part of the "tax avoidance" trail that American companies sometimes use.
Simple.
Judge holds up a Tab and iPad. Asks Samsung's attorneys which one is which. They are unable to tell the difference.
What part don't you understand?
Quote:
Originally Posted by macologist
"the design of Samsung's tablets differs enough from the iPad that an informed user could easily tell the difference."
That leaves too wide a gap for too many users to buy Samsung Tablet, thinking that it's either The Same Thing as iPad, or Almost The Same Thing, but for less money!!!
It'd be great if Apple had Infomercials Videos on its site that would help people make a More Informed Choice!
Let those Videos go through the Differences between iPad and Android Tablets, or even between iPhones and Android Phones!
The could Blur the Names of the Competing Devices, if need be for Legal Reasons!
The Videos would show what Apple Products do, and its advantages!
But the flip side is that it would invite Tit for Tat War of Ads?!
So maybe the best thing would be to have more Show And Tell Videos on Apple Site, and demonstrate the Main Features Usage in Daily Lives?
The Heading could be be:
Watch This Before You Buy!!!!
Just my 2c…
Unless the rules have changed in recent years, many European countries prohibit comparative advertising. Did the Mac vs. PC ads play in Europe? (I'm asking).
For anyone interested, here's the Dutch court ruling:
http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BZ1983&u_ljn=BZ1983
The primary finding was that only the front of the Samsung tablet looked similar. The sides and back did not.
The front alone was not enough, since there was prior art for such a frontal look. Most reporters repeat the Court's reference to the 1994 Knight-Ridder tablet newspaper concept...
...but the court also cited the 2004 Ozolins flat front display design (an earlier version of which dates back to 2000)...
(Ozolins' design has been cited by many courts that have found against Apple. That's why Apple wanted it, the K-R design, and others, kept out of the California trial. As it turned out, the California jury found in favor of Samsung's tablet anyway.)
Quote:
Originally Posted by Lord Amhran
I'd agree with at least one part of the verdict - How anybody could confuse a piece of sh*t Android tablet to an iPad is beyond me. Apple builds quality products whereas Android is slapped on any piece of garbage.
Good point, that Judge must have tried them both enough to see the huge difference.
Then Judge bought an iPad, so Apple won again!
Quote:
Originally Posted by zoetmb
Unless the rules have changed in recent years, many European countries prohibit comparative advertising. Did the Mac vs. PC ads play in Europe? (I'm asking).
Thanks to your Comment, I learnt that it a complicated legal issue:
European countries prohibit Comparative Advertising - Google Search http://j.mp/12mJe2w
To expand (infringe?) upon someone else's observation, maybe if the photo had a black iPad, the same orientation & hadn't shrunk the 10.1" Galaxy Tab the comparison would have been clearer.
I seriously don't get where Apple are coming from with their legal strategy, never has the term 'divide & conquer' been more apt. Apple are an integrator, they take standard or custom components (hardware or software) and integrate them via unique designs to produce products which never worked before. It's the combination not the design components which are unique. It's like saying Apple never came up with a unique expression or saying because they used the same alphabet as everyone else and one of the, inevitable, vowels was drawn in a similar way to someone else's back in 1994.
The tragic irony of this video being used against Apple is that the product never existed, it was a mock-up, notice the prevalence of the Chicago font? It was created with Macs! Hoisted!
On the Dutch - I guess this means they're not prepared to uphold protection of anyone else's IP so forfeit their own. That's a lot of licenses Heineken (which owns Guinness) Royal Dutch Shell & Phillips can no longer collect on. The economic effect would render the Netherlands another European Economic basket-case but would serve to warn the rest of us what slack protection of IP means. As we no longer engineer or manufacture anything, design is all we have and we'd do well to protect it, besides it couldn't happen to a nicer bunch!
McD