Apple vs. Samsung Verdict: Preliminary Injunction Hearing, Possible Consequences, and an Appeal

[Atlantico]

Indeed. He's all for being a great artist.

The worst thing is, that SJ didn't even understand the Picasso quote he was making. It's not about stealing, as in theft.

It's about artists, good artists copy (as in copy what they see and put it on a canvas e.g.) and great artists steal (they are so good, they literally steal what they are painting and put it on the canvas)

What a douche.

 

[CosmoPilot]

Doubt it. Apple owns BOth hardware and software. They don't have to let others in their sandbox. MS was different. They don't own the hardware so they can't keep someone out of someone else's sandbox.

MS was protecting its code so others couldn't make browsers compatible with their latest OS, as well as manipulating vendors to block competition.

Apple on the other hand provides the exact same code to all developers and allows them to make browsing apps all day long (or any app for that matter). Apple has developer restrictions for its app store policies, but these apply to everyone. Apple plays above the board.

In terms of this verdict, consumers win. Now Samsung and others must actually innovate new ways for users to interact with their UIs. Who know's they just might come up with something epic. Forcing Apple to go back to the drawing board. Clearly, the Galaxy smartphones were straight up iClones!

 

[Kavier]

In other words, we the consumer, loses. Gee, thanks Apple.

I don't think this means the consumer loses. I think now companies will hopefully first think "how can I make my product different and innovative" instead of "how much can I rip off from XYZ company." Look at Microsoft. They are using that approach already and doing great things with Windows 8.

 

[435713]

Possible consequences? THERE WILL BE CONSEQUNECES.


They have awoken the sleeping dragon: Google.

Android phones is still outpacing iPhones. It's just that now many companies will be suing the pants off Apple...in their courts.

Whatever OS is on that many devices outpaces iPhones.

Neither Apple or MS (who get along fine) are afraid of the search engine that could. Or Larry Pages front horse teeth.

 

[iPadPublisher]

Neither Apple or MS (who get along fine) are afraid of the search engine that could. Or Larry Pages front horse teeth.

Well put, teeth included.

I've heard from some people inside Apple that Google is seen mostly as a nuisance than a direct competitor. I'm not sure the MS boys feel the same, but like you said, they're hardly quaking in their boots, that's for sure.

 

[KPOM]

Possible consequences? THERE WILL BE CONSEQUNECES.


They have awoken the sleeping dragon: Google.

Android phones is still outpacing iPhones. It's just that now many companies will be suing the pants off Apple...in their courts.

I doubt it. To the contrary, this strengthens Apple's hand against Google and Motorola Mobility. The jury rejected the more mundane patents of Samsung, but ruled in favor of Apple on more obvious design and utility patents. I wouldn't be surprised if there are behind the scenes negotiations in short order between Apple and Motorola Mobility.

 

[Macclone]

I don't think this means the consumer loses. I think now companies will hopefully first think "how can I make my product different and innovative" instead of "how much can I rip off from XYZ company." Look at Microsoft. They are using that approach already and doing great things with Windows 8.

If windows 8 flops, then what? Everyone goes back to copying Apple.

 

[KPOM]

The worst thing is, that SJ didn't even understand the Picasso quote he was making. It's not about stealing, as in theft.

It's about artists, good artists copy (as in copy what they see and put it on a canvas e.g.) and great artists steal (they are so good, they literally steal what they are painting and put it on the canvas)

What a douche.

Or maybe Steve Jobs understood it completely, and the many armchair jurors who post on these board don't.

 

[Xiroteus]

Patent laws may be a little wacky, some say that sense they were allowed those patents then that is just how it is. I both like Apple and annoyed with them at the same time for different reasons. That aside, they were not the first people to come up with a lot of these ideas, they just made them better (first) and popular which is still very important.

Why did no one else release a tablet like the iPad before Apple? Or a smart phone? So I will give them credit for moving ideas along that are doing amazingly well. Yet they have gotten to the point where people are basically copying the same idea.

 

[ripper998]

in 5-10 years we will be seeing the iphone as a relic. Fads and tech come and go. Something better will eventually come out. Question is, from where. This is just apple making sure their intellectual property is protected, and rightfully so. How would you feel if you invented something that is completely new and someone ripped it off almost verbatim.

And to those that think Google is next, Apple wont go for them, Android is a different OS and they arent even remotely similar other then you download apps to them.

 

[Rogifan]

What are the possibilities of a 3 panel judge overturning this verdict?

 

[lzyprson]

Steve jobs would have been so happy if he was still around.

 

[geenosr]

Samsung's closing argument

This must have been Samsung's closing argument....

"These are not the droids you're looking for"

 

[KPOM]

Well this didn't take long: http://www.youtube.com/watch?v=fIKAiQKi0b0


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What are the possibilities of a 3 panel judge overturning this verdict?

Parts of it, possible. All of it, highly unlikely. I think Samsung's best shot is on the F700 phone that was disallowed as evidence. They may have a case that it should have been admitted, and that it could have had an impact on a jury if it were. However, that wouldn't undermine the "bounce back" and specific design elements.

 

[DrMotownMac]

The worst thing is, that SJ didn't even understand the Picasso quote he was making. It's not about stealing, as in theft.

It's about artists, good artists copy (as in copy what they see and put it on a canvas e.g.) and great artists steal (they are so good, they literally steal what they are painting and put it on the canvas)

What a douche.

At the risk of being a total fanboy, I need to ask the obvious question: Who's the bigger douche? The one who starts the world's largest company EVER in his parents' garage, or someone who sits in his parents' basement criticizing the former for not properly interpreting a quote from Picasso?



Yeah, successful, hardworking, innovative ground breakers are douches, while useless cave dwelling jerks are the geniuses. It's like Bizarro World.

 

[_Refurbished_]

Ok, next lawsuit. Apple is using its monopoly with the iOS Operating System and isn't allowing other web browsers to become the default web browser used by the OS for things like links in e-mails, etc.

So, just like Microsoft did with Internet Explorer and had to offer ways of letting consumers pick the default browser, so must Apple.

I prefer Chrome or even Maxthon. Allow me to make those the default!

I agree, not having a browser choice is ridiculous. I hope someone sues Apple for this, and I don't say that very often.

Increasing my frustration, alternate browsers cannot use the latest Javascript. I like Safari, but I want to be able to use Atomic or iCab as my default...which I currently am unwilling to do.

 

[Mak47]

I think what worked to Apple's advantage was the fact that they were actually in front of a jury. The executives they had testify (Schiller, Forstall etc.) are well rehearsed in public communications. They understand how to communicate a handful of simple ideas effectively. They did this much better than Samsung did and I'm sure the jurors appreciated the fact that those executives were willing to take the time to speak to them directly.

Samsung I think also did a good job of this in regard to their argument about Apple not owning a "Square with rounded corners". The only issue where this really came specifically into play was in the design of the iPad vs Galaxy Tab. The jury found that the Galaxy Tab did not infringe. Rightfully so in my opinion, at least on that issue. A rectangle with rounded corners is really the only sensible design for a tablet.

Where Apple drove home their argument was on the patented UI elements. Rubber banding, double tap/smart zoom and pinch to zoom in/out. While they may seem like common sense UI properties that anyone would want to include, the fact is that Apple developed them, patented them and put them into use. It was only after this that we saw other products use these features. Apple spent the time and money to develop these things, they're entitled to protect their IP.

Personally, I think this will be a good thing for the consumer. We've now seen 4+years of iPhone clones. Some are better on price, but none have rivaled the real thing. With these UI features clearly off limits, manufacturers will be forced to come up with new ideas. What good is a touch screen phone if I can't pinch to zoom in or out? Not a whole lot of good actually--so now maybe some of these companies will take the next steps in UI development and make something better. Maybe not. We'll see.

 

[Uncle David]

Something better will eventually come out. Question is, from where.

So far, the answer has been Apple.

 

[iSengKin]

Well, does this mean the design of future Galaxy smartphones will be different from what we have today?

If this is a consequence Samsung has to accept, it will definitely bring Samsung to nowhere in the future.

 

[G51989]

You realize that Apple hasn't sued Google because....Google doesn't sell Android, so they have no phone sells to receive money from.

Yes, android is free, but google still makes lots of money indirectly off android of course.

The other big reason is, Android doesn't infringe on any major apple patents as far as I know, its a totally different OS.

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There is nothing to be had by suing Google. Seriously what will Apple gain?
Samsung just got their bell rung to the tune of $1+Billion. Google and everyone else in the business should consider this a warning shot. Companies need to start innovating or they will get their bells rung too.

Stopping the distribution of Android, even though its free would be great for apple.

And innovating? Android is a damn sight more innovative and feature filled then iOS, ICS and JB blow iOS away. Whats iOS done snice 07 besides rip off android features?

A warning shot? Apple doesn't have **** on google, and they know it. What if Windows Phone takes off? Will apple try to pull the cross license agreement and sue microsoft for making a phone with icons?

And, there is no way in Hell Samsung will pay anywhere close to 1 billion, they'll appeal all 700 decesions and end up paying next to nothing.

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So far, the answer has been Apple.

Unless, you want the best phone on the market. Which as of right now, you can't get from Apple, you'll have to look to Samsungs Galaxy S3.

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"Consumers" are proving to be selfish enough to allow thievery to get them their desires of having Apple products made by numerous different companies, so they can claim to "hate Apple" and buy the ripoff of Apple (how ironic).

It isn't Apple's problem that consumers can't choose between a hundred Apple wannabe's. They did their thing, if you want it, buy it, if not, then the companies you buy from will have to create their own styles.

Your damn right I'm selfish, I don't give a **** about apples patent trolling, If samsung can make better phones than Apple, which they have. Its not my problem Apple can't keep pace.

 

[firewood]

In other words, we the consumer, loses. Gee, thanks Apple.

Any loss is short term. In the longer term, consumers will eventually win when more big companies are forced to spend more money on R&D and invent new stuff instead of copying old stuff to fill out their product lines.

 

[portishead]

Your damn right I'm selfish, I don't give a **** about apples patent trolling, If samsung can make better phones than Apple, which they have. Its not my problem Apple can't keep pace.

speaking of trolling...

 

[jkurl]

Ha, hardly. Google is in rapid decline, and the evidence is everywhere. Like so many other online web companies, Google burned extremely brightly extremely quickly. They peaked not long ago, and are now in freefall. The quality of almost all of their services has been in steady decline, and I do believe this will mark the assured decline of Android as well.

How has Google services declined? They are now where close to being peaked. There mobile OS is far superior to iOS. Oh and before you call me a fan droid I am typing this on a iPad2 plus I own two more iPads. Android is going nowhere but up.

 

[isoft7]

The most hilarious part is those celebrating this as if they've personally won something themselves.

Trust me, all this will lead to is higher prices, both for Android products, but Apple as well.

The iPhone is only $199 because it has to compete.

If it doesn't have to compete it can be $1999 and you'll be stuck buying it anyways.

Have fun celebrating your own stupidity morons.

 

[liavman]

Well this didn't take long: http://www.youtube.com/watch?v=fIKAiQKi0b0

Nice.

Actually, it was posted on August 4th. Someone was thinking ahead