Apple Granted Injunction Barring Sale of Samsung Galaxy Tab 10.1 in European Union

[Sackvillenb]

I feel bad for samsung... I don't really think the Galaxy tab is that similar to the ipad (considering that ALL tablets are relatively similar, at least the thin ones (that aren't laptops with touchscreens)).

Now the galaxy phone compared to the iphone, that really does have a lot of similarities... but I don't really it with the tablet. Ultimately, as some others have pointed out, it's bad for the industry and bad for competition... which is ultimately bad for the consumer... But, someday, somebody will put out something that will actually be a competitor to the ipad...

at least I hope so! It'll only make the ipad better.

 

[Winni]

One more thing:

"Picasso had a saying 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas." -- Steve Jobs

http://www.youtube.com/watch?v=CW0DUg63lqU&feature=player_embedded

 

[chagla]

You're cracking me up.

Yes the Braun T3 is a FM radio. The iPod never competed against the Braun T3. Apple did not try to bring knock-off Braun products to market. They were inspired by its design.

...

"inspired". interesting word. reserved for Apple only.

theft? stealing? copying? - for everyone else.

 

[KnightWRX]

Now the galaxy phone compared to the iphone, that really does have a lot of similarities...

Which Galaxy phone ? There's quite a few models sold under the Galaxy brand by Samsung.

 

[Burger Thing]

Which Galaxy phone ? There's quite a few models sold under the Galaxy brand by Samsung.

Oh, come on....

 

[KnightWRX]

Oh, come on....

Image

That would be the Samsung Galaxy S i9000/Vibrant (Like I said, there's quite a few Galaxy S phones, more if you consider the whole Galaxy line-up). From that angle you're showing, there's quite a few difference. First the phone is physically bigger, something your image fails to display as both devices have been altered to look the same size. Second, the bezel on the Samsung is not Chrome like on the iPhone. The bottom button and branding on the front makes it quite clear the phones are not the same. And the back... even on your doctored and cherry picked shot, you can see the back of the phones are not even close to similar, something that is most glaring in an actual back shot :

Is that the best example ? Seriously, the original claim was this :

Now the galaxy phone compared to the iphone, that really does have a lot of similarities...

The Galaxy Phone. There's dozens of phones that bear the name Galaxy. Even your example doesn't have "a lot of similarities" and seriously, the i9000/Vibrant is the closest you'll find in the Galaxy line-up when it comes to the "look" of the iPhone.

 

[*LTD*]

The plot thickens

http://fosspatents.blogspot.com/2011/08/apple-is-also-suing-motorola-in-europe.html

Apple also suing Motorola in Europe over Xoom tablet design


Florian Mueller reports for FOSS Patents, “Here’s a very interesting news item that is hidden deep inside Apple’s complaint against the Samsung Galaxy Tab 10.1 that led to an EU-wide preliminary injunction: Prior to or simultaneously with the motion for a preliminary injunction against Samsung, Apple also filed a complaint with the same court over the design of the Motorola Xoom tablet. Here’s a passage from the Samsung complaint that mentions two other lawsuits Apple instigated against iPad competitors — Motorola and a local German company named JAY-tech.”

“That passage says that Apple filed with the same court (district court of Düsseldorf) a complaint over the design of the Motorola Xoom, but it doesn’t state whether that complaint included a request for a preliminary injunction,” Mueller reports. “While it’s not stated explicitly, I suppose that the complaint against Motorola also asks the court for an EU-wide injunction — but perhaps just for a permanent injunction without a previous preliminary one.”

----------------------------------------------------------------

Not that the Xoom was much of a threat to begin with. But it's the example that counts.

 

[opencube]

SO let me get this right.... what would you accept as an alternative tablet device?

Or is any alternative to the iPad just not on, and there shouldn't be rival products?

There is only so many ways a touchscreen can be styled, its just a piece of glass.

 

[Judas1]

This kinda seems ridiculous. All it takes is a touchscreen and a rectangular shape and you're infringing on a patent?If they're suing over nonspecific stuff, then shame on them, and shame on anybody that jumps to defend them and their "intellectual property."
Plus, Apple didn't invent the tablet, nor the touchscreen, nor the rectangular shape. They were just the first to make an OS specifically for a touchscreen and made a tablet something functional.

 

[wovel]

But we will never know how much better they would have been had there been stiffer competition.




Possibly not, naive, without a doubt.

Copying != competition. It may provide short term price benefits, but it destroys innovation.

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.

There are still no Android phones outselling the iPhone 4. The SII is the hot new Android phone. Samsung projected their sales for the year to be about half of what the (year old) iphone 4 sold last quarter. Samsung subsequently stopped releasing sales figures, I assume sales are disapointing.

There are still no Android tablets selling at all. Nothing significant enough to remain a viable product and entice application developers.

2 of the top 5 Android phone manufacturers are losing money. Apple on the other hand, just reached 2/3 of the profits in the mobile industry conic at share coninues to grow.

I am sure Apple is running scared. Selling more tablets per month then your combined competitors will in nearly a year can do that to you.

 

[KnightWRX]

They were just the first to make an OS specifically for a touchscreen and made a tablet something functional.

First to make an OS specifically for a touchscreen or first to make an OS specifically for a touchscreen tablet ? Either way, no. Maemo predates iOS and of course, stylus and resistive touch screen phones with other OSes predate even that.

Apple really had no "firsts" except "first to manage to market and sell a tablet in a profitable manner to a large consumer crowd".

There are still no Android phones outselling the iPhone 4.

How can you know since we have no sale figures for the iPhone 4, only for both iPhone models together. Also, how can that even be an apt comparison when iOS forces you to either phone model (3GS or 4) while with Android, switching from one model to the next doesn't force you to abandon all your apps and other investments in the eco-system ?

If Apple made 5 models instead of 2, their sales number probably wouldn't be much higher than they are, they would just cannibalize their own per-device sales.

 

[BaldiMac]

This kinda seems ridiculous. All it takes is a touchscreen and a rectangular shape and you're infringing on a patent?If they're suing over nonspecific stuff, then shame on them, and shame on anybody that jumps to defend them and their "intellectual property."
Plus, Apple didn't invent the tablet, nor the touchscreen, nor the rectangular shape. They were just the first to make an OS specifically for a touchscreen and made a tablet something functional.

The ridiculous part is the number of people in this thread who invent their own claims (instead of reading Apple's actual claims) and then dismiss them.

 

[wovel]

First to make an OS specifically for a touchscreen or first to make an OS specifically for a touchscreen tablet ? Either way, no. Maemo predates iOS and of course, stylus and resistive touch screen phones with other OSes predate even that.

Apple really had no "firsts" except "first to manage to market and sell a tablet in a profitable manner to a large consumer crowd".



How can you know since we have no sale figures for the iPhone 4, only for both iPhone models together. Also, how can that even be an apt comparison when iOS forces you to either phone model (3GS or 4) while with Android, switching from one model to the next doesn't force you to abandon all your apps and other investments in the eco-system ?

If Apple made 5 models instead of 2, their sales number probably wouldn't be much higher than they are, they would just cannibalize their own per-device sales.

Because I do not believe Apple sold 16 or 17 mill 3GS, do you?

All you have highlighted how much better Apples business model is then the other manufacturers.


The newton pedates them all, so I suppose Apple did invent something.

 

[KnightWRX]

All you have highlighted how much better Apples business model is then the other manufacturers.

I actually like a little flexibility and diversity, so no, I don't think it's a much better business model. Both business models have their advantages and disadvantages.

I'd rather like a few more options for a iOS device, rather than the same bland slate we've had for the last 4 years. Something with a physical keyboard would be highly welcomed. I still can't quite get used to a touchscreen one, I just love feedback too much.

 

[iMaci7]

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.

You are wrong.

Apple's iPad shares almost nothing at all with microsofts failed tablet designs of the early 2000's. Samsung and Motorola however, have built a near exact copy of the iPad, which shares the same form factor, input method, and user interface.

Apple did not take Microsofts tablet and improve on it, thats is totally false.

And, all those things you posted that apple stole, these are minor things, they happen all the time. And many of the things you posted were legit, because apple bought the companies to use their ideas. Were not talking about tiny things, were talking about a one to one rip of of an entire platform and product.

I dont belive samsung is innovating anything at all. There tablet boasts no real improvement over the iPad to speak of, just cranked up CPUs and higher res screens. We all have our stupid arugments, but im glad the people who are making these decisions for real - are on Apples side, as anyone would be who really takes a good look at the situation.

And one final comment. If Apple took anything at all from Microsofts tablet, it would have been just as much of a failure. Why would Apple want to copy a failed design? Apples success proves that they brought something compeltly new to the table

 

[KnightWRX]

Samsung and Motorola however, have built a near exact copy of the iPad, which shares the same form factor, input method, and user interface.

Have you actually used Honeycomb ? Just asking, because I can't see how this looks like iOS :

What user interface are you talking about exactly ? Input method and form factor are plain obvious why they aren't "Apple's". Seriously... touch based input has been a part of tablets since tablets have existed and the form factor... it's a tablet, it has a tablet form factor...

 

[whooleytoo]

Samsung and Motorola however, have built a near exact copy of the iPad, which shares the same form factor, input method, and user interface.

Form factor? What exactly are they stealing, rounded corners? If you're making a tablet the screen will be rectangular, it requires a bezel to hold the device, and round edges are more comfortable for the user and more resilient. How on Earth do you make a tablet that has a different form factor? Make it square?

Input method? Apple didn't invent the touchscreen, gesture input, or multi-finger gesture UIs, so surely would have a hard case arguing they were copied.

As for the GUI, you're probably right on some Samsung devices; the GUI is very, very similar to iOS. I doubt it's true of the Samsung 10.1 Tab though.

 

[divinox]

+1
Can we please highlight this?

Seriously...Tablets haven´t changed much over the 21 years they exists commercial wise, yet Apple acts as they have the only right to sell them?
Please take some time and look around at the Vintage Computer.
First commercial Tablet PC announced 1989, that linked one is later: GridPAD 2050SL
And general Wikipedia: History of Tablet Computers

So basically every Tablet since the dark ages of computers looks the same. One screen, bit of surrounding material.

And hardware-wise? Does Samsung use an A4 chip? No? But it´s a CPU right?
Do they use the same flash memory as Apple? Yes, because Apple buys most of Samsung´s flash memory for their own products.
Oh right, they are using the same battery right? No? Awell, we can find a dumb german court which thinks so.
Same screen? No? But it´s a touchscreen, so yeah...
And so on.

While I liked Apple Computer Inc. I increasingly hate Apple Inc.

Join the club; Apples mentality is the main thing holding me back when it comes to buying more Apple devices. I'm not saying Apple is necessarily wrong employing this mentality (look at stock value), but its clear that quite a few consumers are thrown off by it.

 

[kdarling]

The Galaxy Phone. There's dozens of phones that bear the name Galaxy.

It's also a bit disingenous that so many photos show the icon-grid app drawer on the Galaxies.

In real life that grid is rarely seen, since most people put their favorite apps on one of the homescreens along with some widgets:



And no one on earth could mistake my development Galaxy with its live koi pond wallpaper and widgets for an iPhone.

2 of the top 5 Android phone manufacturers are losing money.

Motorola Mobility had higher device revenues but lost money mostly due to stock option and amortization accounting.

Who's the other Android manufacturer? (It's not Samsung Mobile, since their mobile division has at least doubled profits since last year.)

 

[divinox]

Samsung isn't being sued (excuse me, BARRED from selling their device in a key market) over general likeness.

Says... You? What data can you provide us with to back that claim? Because you do have some right? You're not just speculating? (You know, the thing you slammed everyone else in here for doing? Repeatedly...)

 

[divinox]

UK is not part of EU.

American much? UK is one of six founding nations of what is now known as EU (starting after WWII as The European Coal and Steel Community).

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).

They would get sued by Apple for sure.

ipad-looking screen, check.
lamp foot, check.
swivel arm, check.

 

[BC2009]

"inspired". interesting word. reserved for Apple only.

theft? stealing? copying? - for everyone else.

I fully believe much of Android was inspired by (or copied from) iOS. And some of iOS was inspired by (or copied from) Android. I don't think "theft" or "stealing" are appropriate words. "Copying" usually refers to when you create the same exact kind of product (e.g.: a mobile phone, an MP3 player, a tablet, a PC) and yours looks a whole lot like the competitor's. I use the word "inspired" when you create something different and yours looks like the competitors. For example, the iPod is a portable video/MP3 player not a portable FM radio, yet it looks very much like that one from Braun. The Mac Pro is not a short wave receiver, but some aspects look very much like the T1000 radio from Braun. These are examples of ""inspired by". Had Apple made an FM radio that looked like Braun's, then I would use the word copying. If Samsung made a desk lamp that looked like an iPad with a swivel arm attached, then I would say "inspired by".

I think I have been very consistent in my usage. If Samsung developed something that was NOT a tablet, but looked like an iPad, that would be "drawing inspiration from". Apple's iPod design when compared to the Braun portable FM radio looks like a "throw back" to me. Kinda like we see with modern car models looking like the muscle cars from the 1960s and 1970s -- that's "inspired by" rather than copying. Those cars were made years ago and the style eventually lost popularity. Now manufacturers are bringing that style back. This would be different than say Chevy making a car in the 1960s that looked nearly identical to a Ford Mustang and selling it as the Chevy Stallion. If Chevy did that back then, I would refer to it as "copying".

I hope I have made the distinction clear. The term "inspired by" is not reserved for Apple, rather, the term "copying" IS reserved for when you are making a competing product in the same category that looks as much like your competitor's product as possible.

To take the analogy to the academic setting..... If I glance at the answers on your test during an exam then I am copying. If I read a paper you wrote two years ago and then write a paper that incorporates similar ideas, that is "inspired by". In the first case I am cheating of you, in the second case I am learning from you.

This is why Google was so up in arms over Bing's use of IE click-throughs from Google's search results. They felt Bing was copying off them. Google is correct about that, though Bing is using other factors too.

Anyway -- I hope that makes it clear.

They would get sued by Apple for sure.

Image

ipad-looking screen, check.
lamp foot, check.
swivel arm, check.

love it

 

[divinox]

Keep digging... that same survey ranked Sudan, Iraq, Afghanistan and Somolia as the least corrupt. I mean Somalia least corrupt... really?!?!
That alone discredits its validity.

Youre reading it wrong. Fail squared.

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_4 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8K2 Safari/6533.18.5)



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".

Why would we? After all, a device such as that is more appropriately referred to as a "palmtop device". You know, based on that it fits in your p a l m. But yes, the palm is indeed a miniature. Just like "whatever parc-called the-note-size-devices" are "mini-palms". All these things were settled in the last century. Nothing new here.

(Cant really remember how many different concepts they had running at parc, but it should be in the region of 4-5 as far as portable devices goes. At this moment we have at least 3 or 4, depending on how you count, in the market).

love it

Best thing, i got one of them imacs for free. Just gotta pick it up and attach a low end touch tablet and im all set! Ill let the base work as a speaker or something.

p.s. Apple, if you stea.. err, get inspired by this post could you at least give me a bumper or something? I dont have 70 bn to throw at lawyers you know.

 

[Melab]

I feel bad for samsung... I don't really think the Galaxy tab is that similar to the ipad (considering that ALL tablets are relatively similar, at least the thin ones (that aren't laptops with touchscreens)).

Now the galaxy phone compared to the iphone, that really does have a lot of similarities... but I don't really it with the tablet. Ultimately, as some others have pointed out, it's bad for the industry and bad for competition... which is ultimately bad for the consumer... But, someday, somebody will put out something that will actually be a competitor to the ipad...

at least I hope so! It'll only make the ipad better.

I agree with this.

That would be the Samsung Galaxy S i9000/Vibrant (Like I said, there's quite a few Galaxy S phones, more if you consider the whole Galaxy line-up). From that angle you're showing, there's quite a few difference. First the phone is physically bigger, something your image fails to display as both devices have been altered to look the same size. Second, the bezel on the Samsung is not Chrome like on the iPhone. The bottom button and branding on the front makes it quite clear the phones are not the same. And the back... even on your doctored and cherry picked shot, you can see the back of the phones are not even close to similar, something that is most glaring in an actual back shot :

Is that the best example ? Seriously, the original claim was this :



The Galaxy Phone. There's dozens of phones that bear the name Galaxy. Even your example doesn't have "a lot of similarities" and seriously, the i9000/Vibrant is the closest you'll find in the Galaxy line-up when it comes to the "look" of the iPhone.

Samsung Galaxy Ace.

 

[KnightWRX]

Samsung Galaxy Ace.

Yes ? What about it ?

No bezel, flat front to a curved back, looks nothing like any iPhones previously made.