I would probably feel like Bill Gates after he found out Steve Jobs stole the idea for a tablet PC from Microsoft.
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Apple Granted Injunction Barring Sale of Samsung Galaxy Tab 10.1 in European Union
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I would probably feel like Bill Gates after he found out Steve Jobs stole the idea for a tablet PC from Microsoft.
You would probably feel like the guys who created Konfabulator when Apple stole their design ideas and integrated their inferior rip-off called Dashboard into Mac OS X. Or you would feel like the guy who wrote Delicious Library when Apple put iBooks on the markt that looked exactly like his product. Maybe you felt like Jonathan Schwartz when he saw that Apple's Keynote was a complete rip-off of a product from a small company that he recently acquired. Maybe you felt like Microsoft seeing Apple trolling around pretending that the Cupertino-based company invented the tablet concept while in fact there have already been Windows-powered tablet PCs (and Windows-powered mobile phones) YEARS before Apple even presented the iPhone. Heck, there even have been touch displays more than two decades before Apple showed its first touch interface to the world. Apple's iPad is just an improvement of old ideas and concepts - they didn't INVENT that stuff, they took what was already there and worked on it. And now all of a sudden it's bad when somebody else does the same?
But you know what? Just follow your own thought a little further. You're that small company that just has spent your life savings on inventing a product only to see that as soon as you go to market with it, a big player like Apple or Samsung or Microsoft or whoever creates a rip-off product based upon your work and designs. What would you do? I tell you what you will do: You will do NOTHING. You just don't have the money to go to legal war with them. All those copyright and patent laws only product big corporations with gigantic legal departments and filled war chests to fuel their legal engines. You wouldn't stand a chance in a fight against them, let only have the financial breath to fight this to the end.
The patent system is screwed up, and especially software patents only serve to PREVENT further innovation and competition.
This is great news for customers in Europe. Well done
for protecting people in Europe from bad imitations of the real deal iPad.
I guess in the mind of the people downvoting posts criticising Apple, Steve Jobs never visited Xerox and thought "hmm, I'll steal this idea!"
I don't understand why people would want the Tab 10.1
The Thrive is a much better tablet and the Transformer a good contender too.
Putting cost comparisons aside for the Thrive/Transformer, the Thrive is thicker but has full hdmi/usb/sd slots and a user-changeable battery. The Transformer has an IPS screen, decent battery, and a unique docking station. Aren't these the kind of features the Android community wanted?
The Tab 10.1 has none of those [features] so why so much love for Samsung? It's obvious they're trying to imitate the iPad 2 as much as they could. Remember how they had to quickly redesign the Tab when the iPad 2 was announced? So obvious.
I had a Tab but I quickly exchanged it for a Transformer. Now my household is rocking a Transformer, iPad 2, Xoom, and a TouchPad. Everybody loves their tablet but are amazed at the build quality of the iPad. But when it comes down to it, everyone just uses their tablet for streaming videos and games for the kids.
The Thrive is a much better tablet and the Transformer a good contender too.
Putting cost comparisons aside for the Thrive/Transformer, the Thrive is thicker but has full hdmi/usb/sd slots and a user-changeable battery. The Transformer has an IPS screen, decent battery, and a unique docking station. Aren't these the kind of features the Android community wanted?
The Tab 10.1 has none of those [features] so why so much love for Samsung? It's obvious they're trying to imitate the iPad 2 as much as they could. Remember how they had to quickly redesign the Tab when the iPad 2 was announced? So obvious.
I had a Tab but I quickly exchanged it for a Transformer. Now my household is rocking a Transformer, iPad 2, Xoom, and a TouchPad. Everybody loves their tablet but are amazed at the build quality of the iPad. But when it comes down to it, everyone just uses their tablet for streaming videos and games for the kids.
except the iPad and the tablets today aren't exactly 'tablet PCs'
have you checked out the Asus Eee Slate? Now THAT's a tablet PC.
Let me get this straight... you think that the iPod is a copy of the Braun T3?
You think that the Mac Pro is a copy of that T1000 Radio?
Seriously?
I'm not saying Rams did not do amazing work. I'm not saying that others like Ive's were not inspired by his work. But these are not copies. That would be like saying anybody painting in the impressionist style today was just copying Claude Monet. Certainly his work is inspiring to other artists and designers, but copying somebody's work is a different story.
Samsung is literally producing products in the exact same category in the same year that are trying to look as close as possible to Apple products from hardware to software (TouchWiz). Every other Android manufacturer is coming up with their own original and good designs. The HTC phones are beautiful. The Motorola devices actually feel substantial in your hand. The Samsung devices look like the Android version of Apple products.
Be inspired by or paying homage to somebody's designs by creating designs in the same style either years or decades later is a form of flattery. If Ives views Rams as one of his idles, then this makes sense. Its not like Apple was going up against Braun products with knock-off versions.
All I see here with the point you make is Ives drawing inspiration from Rams. I don't see anything like what Samsung is doing with Apple. Even if Samsung wanted to see a desk lamp that looked like an iPad on a swivel arm, I would not call that copying, but "inspiration". I know you are trying to make a point, but I think it is not resonating with others (including myself).
As nearly a dozen of people have pointed out already:
a) No one in their sane mind would mistake a Galaxy Tab for an iPad (nor a Galaxy S or S2 for an iPhone btw)
b) There is nothing more to do on a tablet PC than using a touchscreen and a bezel. This is not an Apple exclusive idea.
c) If the argument is about 'look and feel' you can see that Rams clearly influenced the 'look and feel' of Apple products...
johnalan on MacRumors isn't so concerned for consumers, but I do think it's nice to have a choice, and lets be fair, it's not like Apple invented the tablet!
I would never buy a Samsung tablet, but it's still nice to have a choice!
I'm not saying it's ok to steal other peoples ideas, but lets get real, the tablet existed before iPad and Samsungs tablet is just another tablet, it doesn't even look that much like the ipad.
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Oh, oh, this argument!I love this one.
You do realise, that in fact, my Android phone does look like that right :
In fact, I just upgraded from my previous Android phone, one of these :
So I guess it's like you say : It wasn't for Apple after all.
(Disclaimer : I have never owned either of these phones nor will I ever own them. Use of satire in this post is plainly to show above poster and any other who would make the same claim that they have an obviously very flawed argument in trying to tie Android the software platform to any kind of hardware form factor).
I must say I love when you post these sobering images since the whole point to Android is that it can be installed on any kind of hardware. Samsung is the only one who seemed try so hard to make their stuff look like Apple's stuff in both hardware and with TouchWiz. Other Android developers have been extremely original. Mind you, I think the Galaxy Tab is one of the more original designs from Samsung - it looks fairly different than iPad, though apparently infringes on registered IPad designs.
I know lots of folks say Android copied iOS. And that is very much true but much of that copying would normally fall in the realm of taking unpantented good ideas from your competitors and improving on them (there are actually very few patented elements that Android infringes from Apple). This sort of copying or inspiration is part of the competitive game. The only thing shady about what Google did was that Eric Schmidt had advanced knowledge of Apple plans because he sat on the board and he supposedly fed information to the Android team that they would have otherwise gotten much later. If anybody should be upset about that it should be Microsoft since it gave Google a headstart in the "iPhone-alternative" market.
Maybe those commenting here should know how the preliminary injunctions work in Germany:
They are (normally) granted without hearing the defending party. They are granted when there *might* be a case for Apple, it doesn't even have to be likely. In the Apple vs. Samsung case Samsung wasn't heard yet. There are tons of preliminary injunctions each day in Germany that don't hold when it comes to the real case simply because the defending party doesn't get heard before granting it.
It works like this: Apple: "Samsung is bad!!!" - judge: "Well might be, let's better grant a preliminary injuction and have a look what happens later in the real case."
They are (normally) granted without hearing the defending party. They are granted when there *might* be a case for Apple, it doesn't even have to be likely. In the Apple vs. Samsung case Samsung wasn't heard yet. There are tons of preliminary injunctions each day in Germany that don't hold when it comes to the real case simply because the defending party doesn't get heard before granting it.
It works like this: Apple: "Samsung is bad!!!" - judge: "Well might be, let's better grant a preliminary injuction and have a look what happens later in the real case."
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Yeah I am sure of it because the iPad is just a big iPhone. When the iPhone came out none of you apple haters claimed "the iPhone is just a mini version of the xyz tablet".
Rodimus Prime said:
You sure about that? Just one page back. Account for technology developmental for size change. I can also go find you some pictures of some older tablets from back then. Just account for technology getting better.
How many different ways can you do a black slab?
Yeah I am sure of it because the iPad is just a big iPhone. When the iPhone came out none of you apple haters claimed "the iPhone is just a mini version of the xyz tablet".
But we will never know how much better they would have been had there been stiffer competition.
Sure, if you say so. We are talking about Apple here, not Dell. Why do people keep stating that Apple won't keep improving their products without competion ?
I guess I am not a "complete idiot".
Possibly not, naive, without a doubt.
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This is definitely bad for the consumer. Markets need competition to drive prices down and keep manufacturers in check. Intellectual property is important, but too often patents and litigation are being used as a tool to eliminate competition and stifle innovation.
Don't get me wrong, I like apple products, but that does't mean I have to throw my rationality out of the window and surrender all independent thought to the company. Some people really need to wake up a little. Apple is one of the biggest companies in the world, lets stop pretending they got there through entirely ethical methods.
Don't get me wrong, I like apple products, but that does't mean I have to throw my rationality out of the window and surrender all independent thought to the company. Some people really need to wake up a little. Apple is one of the biggest companies in the world, lets stop pretending they got there through entirely ethical methods.
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This is great news for customers in Europe. Well done
Oh dear lord you are worse than *LTD*, this is not good for Europe nor it's consumers. And please, the allmighty Apple is indeed quite adept at stealing ideas themselves, these sheep like yourself make people hate Apple even more. Can't wait for the TabCo to be unveiled
Well they are still for sale and in-stock today.
Can we get a link to the verdict from a case where Samsung were found guilty of this infringement ?
And did you read the article ? This injunction is over patents, design patents, not trade dress or trademarks.
What ? What about the JooJoo ?
http://www.wired.com/gadgetlab/2009/12/hands-on-joojoo-crunchpad/
Wait, this looks like iOS and the iPhone ?
Seriously, even the "Samsung mobile devices are a blatant rip-off of Apple's stuff!" is quite as far fetched as the claims that Android changed "form-factor" mid design because of iPhone. Android is a software platform that isn't tied to a hardware form-factor, and Samsung mobile devices don't all look like iPhones nor does TouchWiz even ressemble iOS's Springboard.
And something else that is true : iOS and Apple took a lot of ideas from Android to put back into their own phone. Android had quite a few "firsts" in the realm of mobile OS features.
No, I thought it took cues from the SE P800 and could have been heard saying "Hey look, it's a big P800" :
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That's just a big iPod touch.....
Poor apple. They are running scared now that the tablet and smartphone market is really developing and leaving them in the dust.
Apple had the chance to cement their lead by offering better specs and functionality instead of limiting early models just to force people to upgrade each year.
Now the Android tablets and smartphones and all the rest are offering better options and apple offerings look decidedly average and lacking features.
This is great news for customers in Europe. Well done
I'd rather like to have some choice thank you very much. Oh wait... I live in the Netherlands!
Designs aren't patented in Europe. You can pay for what is called a Community Design registration, five years at a time, renewable for up to 25 years. It has to be filed within a year of the design being first displayed.
No, they did not. While some have similar elements, they are not exact copies as you imply. Nor do they use Apple's patented / registered color designs.
Yes, it takes a set of designs to make up trade dress in this case. Which is why some observers think that changing minor things like the packaging might be enough.
Yes, currently Apple has made it stylish to put a picture on the front, and pack the item right under the lid (not very smart, but stylish... and also not something the consumer usually sees until AFTER buying the item.)
That will change before long. Packaging styles come and go over the decades, just as does Apple's use of chrome or glass or plastic.
Actually, Samsung seems to have taken the time to make some similar looking items without being direct copies. That's not easy. I agree with you that it would be legally easier to avoid looking similar at all, however some icons are fairly common or obvious... which is why Apple chose them to begin with. It's the whole point of an icon after all.
The Tab is not even close to being a counterfeit. It's missing a lot of Apple cues, such as their logo and home button, that real counterfeits use. It's about as similar to an iPad as the Hyundai Genesis is to a Mercedes.
The injunction might've been easier in Europe because a design registration is about an overall look and feel. In the US, trade dress suits like this are more difficult in that the common consumer has to also be fooled into thinking that it was either made or licensed by Apple... and with the item being fairly expensive, it's not considered likely that the buyer wouldn't notice.
Edit: After glancing at the Apple complaint here, you can see that it seems to be only about the shape of the tablet and its packaging. I took six years of German, so I'll be looking closer at it later on. Here are the package-outside complaint photo and tablet back photo from Apple's document:
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what is a tablet? generally a touch screen device of rectangular shape.
Yes they did. They were thicker, lots of buttons and ports perhaps and they were probably more function oriented than form. Ipad is just form oriented, thinner and lighter version. in a word, improved version of previous grandfather tablets.