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Apple Calls Samsung's Request to See iPhone 5 and iPad 3 an 'Attempt to Harass'

BLACKFRIDAY said:
So you agree the images are cheery picked but come from Samsung PR and advertising?
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sure, i'll give you that.. but people here have also ignored the other ads.. you know.. the ones that don't look anything like the iphone. those are also from their PR and advertising.

BLACKFRIDAY said:
You are not supposed to decide for everyone. People get confused. If not exactly confused, they wish to see what's in that particular Samsung galaxy phone now that it looks like the so-popular iPhone.
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and what's wrong with people checking out another device that's not Apple? so what if they check it out and decide that they like it?.. hell, they might like it better than the iPhone.. because you know.. it works for their current needs, and aren't just going in it for the looks.

BLACKFRIDAY said:
See above. A notification system doesn't imply everything. That's not the first thing you see in the operating system. Also again, the notification may be a copy to some but another rational thought explains that it's been in place for years.
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ok.. so when i saw the galaxy s.. you know the first thing i saw? the Android OS. and rational thought explains that marketing's main goal is to sell. that has been in place for years. what if the iPhone's next ad shows the notification system.. which you know they will.. by your same arguments.. wouldn't you agree that some people might confuse Apple being the first to implement it? i mean that'll be what some will see even before buying the next iPhone.

BLACKFRIDAY said:
People aren't stupid. It's all about tricking people into looking at something. More like phishing. You make a very product very similar to the most popular product and you sell. Simple.
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and again, Apple implemented other OS' features to get others to switch to iOS, which makes the iPhone very similar now to other products.. both companies are fighting for customers..

also.. please answer my previous question.. regarding how exactly is the Samsung's hardware a copy of the iPhone...
 
BLACKFRIDAY said:
Are you seriously avoid the whole trade dress law suit to jump to icons?

Apple's lawsuit isn't about the icons that TouchWiz uses. It's about the entire presentation from Hardware to software to confuse the person into at the least giving attention to that product.
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In what way is the hardware of the S2 remotely similar? Talk about baseless comments.
 
Small White Car said:
Ah, yes, because if someone steals from you and you tell the cops to check their house for your TV set then the thief has the right to ask the cops to search your house too.

Because, you know, fairsees.
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You fail at analogy. Was Samsung convicted of theft, in the court of law?

Accusasion != proof
 
Karnivore said:
You fail at analogy. Was Samsung convicted of theft, in the court of law?

Accusasion != proof
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No, it's a good analogy. Apple, like the theft victim, has made an accusation (tradedress infringement), and the prosecutors (essentially apple since this is a civil suit) have a need to see if Samsung (accused thief) has the goods (soon to be released products).

Samsung (accused thief) can't demand to see the rest of the victim's (apple's) stuff without some legal theory to stand on. If Samsung accuses apple's future products of infringing samsung's rights, then it might have a leg to stand on. But it would have to have a good faith basis for making such an accusation.
 
cmaier said:
No, it's a good analogy. Apple, like the theft victim, has made an accusation (tradedress infringement), and the prosecutors (essentially apple since this is a civil suit) have a need to see if Samsung (accused thief) has the goods (soon to be released products).

Samsung (accused thief) can't demand to see the rest of the victim's (apple's) stuff without some legal theory to stand on. If Samsung accuses apple's future products of infringing samsung's rights, then it might have a leg to stand on. But it would have to have a good faith basis for making such an accusation.
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No, it's a terrible analogy. Apple is not a victim until Samsung is proven to be a thief, period.
 
radiohead14 said:
hahaha.. i love how you think that just by saying "you lose" wins your argument. wow.. how old are you?
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Well you start using worn out talking points and you can't expect an adult conversation can you?


Karnivore said:
No, it's a terrible analogy. Apple is not a victim until Samsung is proven to be a thief, period.
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They're a thief in the court of public opinion. So many Samsung apologists here today. The call went out. Hopefully Samsung will get their act together and do something original. Look at the Playbook for instance. It has some unique features in its user interface.
 
Karnivore said:
No, it's a terrible analogy. Apple is not a victim until Samsung is proven to be a thief, period.
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There's no thief anyway.

It's like you having done some paintings, then Mr Samsung comes along and looks through your windows of your house and then paints his own artwork that looks a bit like your's.
 
Karnivore said:
No, it's a terrible analogy. Apple is not a victim until Samsung is proven to be a thief, period.
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That makes no sense. We are talking about the context of a court action. That's where proof takes place. Changing "victim" to "alleged victim" in my explanation above doesn't affect the analysis.

Apple is the ALLEGED victim. It is now trying to prove its case. As part of that, it needs access to Samsung's future products to show whether they, too, infringe its tradedress so the court can rule on everything at once.

Samsung is the ALLEGED perpetrator. No element of its defense requires it to have access to Apple's FUTURE products. Just as when someone ACCUSED of robbing my house is defending himself, he doesn't need the floorplan for the new house I moved into after the alleged crime. It's completely irrelevant to his defense.

The fact that Samsung hasn't been "convicted" of anything doesn't change the calculus - Apple is entitled to seek evidence proving its claims. This is called the "discovery" process. Samsung is entitled to seek evidence in support of its own claims and defenses, also as part of the "discovery" process. The problem for Samsung is that Apple's own future products have nothing to do with any of Samsung's own claims or defenses.
 
Still seems stupid why Apple would want to have one of the Samsung tablets, the new Tab 10.1 to look at, when Apple already does have one of these and is looking at it, stripped it down etc etc by now.

Does anyone really believe Apple did not get one of the early 5000 developer models that were given away at the launch?

Or course they did. they probably got at least one or if not more of them, and had them stripped down the very next day.

Anyone who thinks otherwise is being rather naive.
 
mklaman said:
i love apple, but this was a straight up genius move by samsung to "play games" with apple.
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yes apple is in trouble and it will be weakened by all these court issues... and monitary pay outs..etc..:(:eek: these things will affect operations at apple and products also:eek:
 
Um....

Public opinion really does not matter. What matters is what the court decides. Now, public opinion and consensus do not really matter. 600 years ago everyone agreed the world was flat, was it? No. (Sorry to hijack this thread but those global warming people who claim that a scientific consensus means anything are idiots. Science is about proof not agreement.)

I agree that this was a kind of stupid move by Samsung to try to get apple's future products. But I suppose that if their future products and apple's future products are both similar then it might make sense (they were not copying). However, if this was a south Korean court things would be different. I also think that apple is playing this stunt because Samsung is selling so well in Europe.

They are both acting like 6 year olds.
"Mrs., He copied me. He drew a race car."
"What did you draw?"
"I drew a race car first!"
 
BLACKFRIDAY said:
Android is not as bad as you make it seem.

Exosystems/Hardware/Software exist outside Apple.

Some are better; some are not. :|
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I liked the S2 I tried out. Wish it was available on my corporate network.

Mattie Num Nums said:
Whats wrong with Android exactly? Since switch from iOS to Android the only thing different I can tell is my ability to skin my phone and use it however I want. Other than that they are almost identical.
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There's nothing really wrong with the few devices I have tried. It's just more spin from the zealot

cmaier said:
No it's not. Samsung needs some legal basis to be allowed access to Apple's products. In fact, even if they had a good reason (and they don't), in almost every court case only Samsung's outside lawyers - not anyone at Samsung - would be permitted to have access to this information. (It would be covered by a "protective order" that determines who is permitted to see it).

As for Apple's response, it's dead on. Samsung has not expressed any rationale for needing access to Apple's information.
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Agreed. Spot on as usual;)
 
Karnivore said:
I am not sure he does. But hey, opinions are like belly buttons, everyone is bound to have one.
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You are aware that cmaier is an intellectual property attorney, aren't you?
GorgonPhone said:
yes apple is in trouble and it will be weakened by all these court issues... and monitary pay outs..etc..:(:eek: these things will affect operations at apple and products also:eek:
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You're kidding, right? Are you aware of how much money Apple has in the bank? Yes, their reserves will be reduced a bit, but I am certain that the royalty payments they will be making were pretty much what they had expected and planned to pay all along. In no way will this affect their cash flow for the development and production of products.
 
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Personally I though it was funny Samsung made the request. They knew it was going to get no where and was just harassment.

At the same time I though Apple demand was pretty piss poor as well and could call Apple demand Harassment as well.

I see the product promos as a slight copy but anyone who has used the device in hand would quickly see that they are quite a bit different.

Marketing is well Marketing. They spin the truth and Apple is one of the most guilty companies of that fact.
 
Yep. I side with Apple as well because Samsung's request makes absolutely no sense to me. I think it is completely unrelated. Samsung should withdraw.
 
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