New korean iPod?

[groov']

Has anybody seen this new korean MP3 player (D'cube) from Nextway already?

Find out at

http://www.nextway.co.kr/products/new_150d.asp

It's only on the korean version of the site, not on the english version. Deliberately? If you look at their other mp3 players, you can see that they copied the iPod design.

[whfsdude]

Come on Apple, this is grounds for a lawsuit

[Macmaniac]

Now that is an UGLY iPod rip off, dang even Dell was not that blatant!! This is most defiantly ground for a lawsuit!

[Mr. Anderson]

Quite amazing how much is looks like the iPod....wow....I wonder why Apple's not doing anything about it?

D

[groov']

Originally posted by Mr. Anderson
Quite amazing how much is looks like the iPod....wow....I wonder why Apple's not doing anything about it?

D

Maybe they even don't know that this thing exists. It's on the korean and japanese versions only.

[Mr. Anderson]

Originally posted by groov'
Maybe they even don't know that this thing exists. It's on the korean and japanese versions only.

in that case its just a matter of time :D

Apple's always managed to handle these sort of things. Remember that iMac knock off a ways back?

D

[virividox]

someone is gonna get slapped with a law suit...a real one not like microsoft v mikerowesoft hahaha

[srobert]

Just curious, where do we draw the line? I mean, every TVs, DVD players, razors, toasters, etc, look the same and they're not throwing lawsuits at each other. Why is that? Is there a legal delay that once passed anyone can copy a concept? This is simply a question, I'm really clueless with all those copyright laws and intellectual property. Feel free to educate me.

I think that Apple has nailed the most user friendly and intuitive interface there could be for the iPod. Any competitor trying to improve on their own interface/design have to get closer to the iPod at some point.

[MorganX]

Originally posted by srobert

I think that Apple has nailed the most user friendly and intuitive interface there could be for the iPod.

I suppose if you're going to talk lawsuit, is Apple the first to use a rotary dial to control a menu or cursor with a select button in the center?

Haven't these controls been present on video editing equipment for ages? TV remote somewhere?

[jxyama]

apple's got a design patent on the rotary input interface for a digital music player. so they will have a pretty good case of this company infringing on that patent...

there's a reason why no other music devices look like an iPod...

improving the interface and eventually reaching the "same" most efficient design (in this case, a rotary one) is not valid grounds for infringing on the patent... if such was the case, just about any (useful) patented concept would be copied on the basis that "well, yeah, if you keep on working on improvements, this is what you end up with naturally."

this is the design patent for the original iPod. it's a "media device"

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=84&f=G&l=50&d=PTXT&s1=apple.ASNM.&p=2&OS=AN/apple&RS=AN/apple

[Counterfit]

Originally posted by Mr. Anderson
Remember that iMac knock off a ways back?

D That Gateway POS that hardly sold?

[MorganX]

Originally posted by jxyama
apple's got a design patent on the rotary input interface for a digital music player. so they will have a pretty good case of this company infringing on that patent...

there's a reason why no other music devices look like an iPod...

improving the interface and eventually reaching the "same" most efficient design (in this case, a rotary one) is not valid grounds for infringing on the patent... if such was the case, just about any (useful) patented concept would be copied on the basis that "well, yeah, if you keep on working on improvements, this is what you end up with naturally."

this is the design patent for the original iPod. it's a "media device"

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=84&f=G&l=50&d=PTXT&s1=apple.ASNM.&p=2&OS=AN/apple&RS=AN/apple

That paticular patent does not show Apple owning a patent on a Rotatry input interface. It's an ornamental design patent. You would definitely need a lawsuit in this case. Only a court can say if the Korean player differentiates itself enough to avoid infringement.

The rotary input device on a microfish reader is a rotary input device for a "media" player.

edit: FWIW, I would say that it does infringe on the ornamental design of the ipod. The slight barrel design and the enhanced display do not differentiate it enough IMO.

[srobert]

Do they have the legal power to take legal action against a company located in Korea if the product is not selling in the U.S.? (or western world)

I mean, what if the company says "screw you!" and what if the head of the government also sats "screw you!" (I don't know if this company is located in north or south Korea)

By the way, anybody notice that this product IS MAC OS compatible !!! (methinks)

look at bullet #17 on the product page

http://www.nextway.co.kr/products/new_150d.asp

The more I look at it, the more it looks like a first generation iPod... but it has more buttons around the rotary dial.

Looks like it can even record (lower left button as the red circle sign)... as a matter of fact, it has some nifty built in features that the iPod does'nt have: FM, FM recording, Lyric Database (I like this! it was one of my iPod suggestion), FM wireless Broadcast. Not a bad product overall for a 1.5 Gigger... depends on the price.

[1macker1]

How can u own the pantent to rotarty dials on mp3 players, I dont think that's possible.

[jrv3034]

Originally posted by Counterfit
That Gateway POS that hardly sold?

I think he means the eMachines eOne. It was a total ripoff of the original iMac. They were served with a lawsuit by Apple.

You can bet they'll tackle this iPretender soon!;)

[jxyama]

Originally posted by 1macker1
How can u own the pantent to rotarty dials on mp3 players, I dont think that's possible.

of course you can own a patent... it's been issued! :D (i imagine apple applied internationally as well, i just pulled up the U.S. one because that's the one i'm familiar with...)

if amazon can patent the one click shopping on the web, i think patenting the rotary navigation design on the iPod is quite benign...

part of the requirements for a patent is that it must be "obvious," if it makes you say "oh, why didn't i think of that?" that's a part of the reasons patents are granted. (of course, it must not have prior art... and afaik, there was no mp3 player before iPod utilizing large rotary dial as an interface.)

[jxyama]

Originally posted by MorganX
That paticular patent does not show Apple owning a patent on a Rotatry input interface. It's an ornamental design patent. You would definitely need a lawsuit in this case. Only a court can say if the Korean player differentiates itself enough to avoid infringement.

The rotary input device on a microfish reader is a rotary input device for a "media" player.


i said "design patent on the rotary input interface for a digital music player," i didn't say "patent on the rotary input interface." there's an important difference. ok, i was wrong that the patent is about a media player (as opposed to a music player), but the patent is on the design as used in a media player AND as described in the patent. microfiche reader (i assume that's what you meant) design has no relevance whatsoever in that context.

[MorganX]

Originally posted by jxyama
i said "design patent on the rotary input interface for a digital music player,"

From the patent you linked to, they have an "ornamental design" patent on a media player with a rotary input interface as a part of that.

That's a lot different from a design patent "on the" rotary input interface for a digital media player.

And you were correct, they use the term media player. This will protect the ornamental design of future iPods with this ornamental design should it play more than musical media.

The reference to microfiche was to imply that it's probably too late for anyone to patent a generic "rotary input" to any device. I would imagine whoever invented the first radio would hold that patent if it were issuable.

I think anyone can use a rotary input interface on any media player as long as it doesn't come out looking like the iPod's ornamental design.

[Sabbath]

Originally posted by jrv3034
I think he means the eMachines eOne. It was a total ripoff of the original iMac. They were served with a lawsuit by Apple.

Haha That e-machine is so funny, I never saw that one before

[Fukui]

Originally posted by groov'
Has anybody seen this new korean MP3 player (D'cube) from Nextway already?

Find out at

http://www.nextway.co.kr/products/new_150d.asp

It's only on the korean version of the site, not on the english version. Deliberately? If you look at their other mp3 players, you can see that they copied the iPod design.
I was going to complain...but then it said it will be supporting Mac OS too...though it is obviously a blatant copy, at least Mac OS is getting support (thats saying alot in Korea - no offense)...

I wonder if the iPod even sells well in Korea? Most (non-tech/computer) people in Japan (for example) still think MD when you ask them about portable music. ...though you can probably expect this to change once iTunes Music Store goes JP. Maybe.

[JesseJames]

Uhm, are international patents really that effective anyway?
Besides, imitation is the greatest form of flattery.

[jxyama]

Originally posted by JesseJames
Besides, imitation is the greatest form of flattery.

if you had a dedicated design/interfacing group and paid them $$$, to simply have your design stolen is not flattering to your company's monetary bottom line at all.

then there's the issue of confusion. if MikeRoweSoft could be argued to be confusing compared to Microsoft, then i could see how apple wouldn't want this iPod clone to look anything like the real iPod. :D

[Gymnut]

Hmmm..is this a flash based media player? I mean it's only got 1.5GB worth of space.

[1macker1]

Sorry but apple doesn't own a patent on rotarty dials. And comparing it to Amazon's one click feature isn't valid.

Oh, and that thing doesn't look like an ipod to me. It's white, and that's about it.

[jxyama]

Originally posted by 1macker1
And comparing it to Amazon's one click feature isn't valid.

care to explain why?


btw, apple does NOT own a patent on rotary dial. they own a design patent on a media player with a large rotary dial in the body to be used as a navigational interface.

[Edot]

Originally posted by 1macker1
Sorry but apple doesn't own a patent on rotarty dials. And comparing it to Amazon's one click feature isn't valid.

Oh, and that thing doesn't look like an ipod to me. It's white, and that's about it.

There is a patent involving the dial somewhere because Steve even mentioned it when talking about the mini at MWSF 2004. You are kidding about it not looking like the ipod right?:rolleyes:

[1macker1]

Sorry, but this thing is horrid to look at, the only thing it has in common with the ipod is color.

[Counterfit]

Just because it looks ugly doesn't mean it doesn't derive its design from the iPod.

don't know how I missed it, but my post makes sense now

[MrMacMan]

Originally posted by groov'
Maybe they even don't know that this thing exists. It's on the korean and japanese versions only.

So then send an e-mail to apple legal...

I did that just in case once...

:o

[hvfsl]

I have to say I would get one if it was cheaper than the iPod. It has so many features that the iPod does not have, for example:

OGG support
24bit playable
FM radio

It also says it works on Macs and PCs.

[Counterfit]

I save FM radio for car, and special things while at home. OGG support? I have a total of three OGG files...
24 bit what now?