Ban on Sale of Samsung Galaxy Smartphones in EU Set for October 13th

[divinox]

I beg to differ. The problem here is not something as general as the mouse cursor. Did you read the article?
Take the photo scrolling, it's in the small details. Samsung is copying every small detail, it's giving to the galaxy the iPhone "feel". And that's what Apple is trying to demonstrate and therefore suing.

It is a copy to littlest detail. That's the problem.

If its in the little detail, even better for Samsung. E.g. the black stripe when scrolling the camera roll seems like a big deal. Would just removing/replacing that visual cue be enough?

Its a damn shame Apple wont go after MSFT. After that clash we would have a revised patent system for sure.

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Such misleading title
"Ban on Sale of Samsung Galaxy Smartphones in EU Set for October 13th "

Read this folks.
http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung

The ONLY patent Samsung was found to be infringing was photo swipe which is an app included in stock Android 2.x, added by Google. And the software can be fixed easily. The real loser here is Apple.

I just realized. If Samsung remove the app, and then "sell" it through a third party (in say, Korea) Apple cant do jack ****. Samsung cant control what apps people download, can they?

 

[kdarling]

7,966,578

If I worded things inelegantly, here is the patent, itself.

That's Apple's patent on how you scroll a DIV or IFRAME within a full webpage, by using two fingers instead of one.

No algorithms, no code methods. Just a gesture vocabulary which never should have gotten a patent.

And not just because it's a gesture, but because it's one obvious solution to needing to do a different action on a multi-touch capable screen.

Google uses two fingers to do 3D view changes on their Maps, for instance.

Other companies don't try to patent this junk. Only Apple.

I'd really like to know the background of the patent examiner for some of these. Someone should do an article on them.

 

[Oletros]

Swiping gestures are pervasive in iOS, and Apple is going to protect their intellectual property vigorously.

Who's next? HTC? LG? Motorola? All of the above?

You also didn't read the article, did you?

 

[D-Dave]

So copying the designs is competitive?

Reality-Check for once please: The decision is based upon a swipe across the screen, so it's a gui / user interaction patent that is ... well ... questionable to say the least (gestures were pretty well established in the computerworld LONG before apple chose one to make the user interact with it's devices...only changing the input method of the gesture [from mouse to fingertip] does not seem to be something worth patenting...)

Plus if you are against copying designs then probably the ipad should be taken of the market for copying the design of the HP touchpad demoed a couple of month before the first presentation of the original ipad (CES 2010) which in turn could be branded a copy of the Hanvon Tablet presented at the 2009 CES (german article with some interesting pictures)

To sum the judges rule up one would guess the patent for a mouseclick should have been granted and be enforceable

 

[bushido]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; de-de) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

how else r u supposed to "swipe" tho? isnt this the definition of "swiping" in general

 

[dba7dba]

I just realized. If Samsung remove the app, and then "sell" it through a third party (in say, Korea) Apple cant do jack ****. Samsung cant control what apps people download, can they?

Samsung already stated they will update the photo app on the Android 2.x phones. NO need for samsung to sell their phones through 3rd party etc. With the software fix in place, sales of Samsung Galaxy S and other devices will continue through normal channels.

Again, the photo app was included by Google in stock android 2.x, NOT samsung.

Again Go read http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung

This is not a victory for Apple at all. And we are not even done with the patents counter suits brought by Samsung against Apple regarding wireless techs.

 

[*LTD*]

Apple didn't invent the App Store, Apple didn't invent the smart phone, Apple didn't invent multitouch.

Making these things actually matter to the industry (and then changing the entire industry agenda to focus on these things), is pretty innovative, if not ridiculously impressive.

 

[divinox]

First off, I absolve Apple in no way, should they steal patented technology. My interest isn't to defend Apple. It is to defend the rights of those who invent products and bring them to market. In this case, Apple has been aggrieved, even if the European judge does not agree.

Apple has been aggrieved, so? :- )

Whether the technology is vital to you, whether you could live without it or not, Apple invented it and if they wish to protect it, it is and should continue to be their right to do so.

No, they did not invent it. Lay off the cheese. Jesus christ.

The call is theirs, not yours.

Sure, but they can hardly expect to be taken seriously in doing so.

Apple ripped off the developer of Delicious Monster, Wil Shipley, for the interface for iBooks. Wil didn't patent his interface. He didn't feel it necessary. That was his decision to make and he made it.

What youre basically saying is that if you dont have a multi-million legal department you suit yourself when you get ****ed in the ass by big C. Thank god i dont share the same country as you.

The multi-touch gesture concept is Apple's invention. They decided to patent it. You'll notice that they didn't consult you, me, or anyone else on the matter and that is their right. That is their decision and they made it. They were granted the patent. That should be the end of the story. If you have a problem with the patent procedure, that's fine, but take it up with the appropriate bodies. What Apple is pursuing is within their legal rights and insofar as that's the case, I support them.

No, its not Apples invention in any way. Get your facts straight if you want to contribute. Second, being granted a patent should never be "end of the story" in a patent system thats built on: "grant first, validate later".

 

[kdarling]

Here's a question:

Was Samsung financially impacted by this suit against the Tab?

Does EU law say that the loser must pay for all damages?

 

[divinox]

Making these things actually matter to the industry (and then changing the entire industry agenda to focus on these things), is pretty innovative, if not ridiculously impressive.

No, being successful is not the same as being innovative. But yes, the end result is clearly impressive. I dont think anyone ever argued that.

As a funny exercise: Apply your reasoning to the case of MSFT, let it sink in... BAM! Any cognitive dissonance?

 

[vrDrew]

Other companies don't try to patent this junk. Only Apple..

Utterly untrue.

Pretty much every technology company - and more than a few Patent Trolls - files for, and receives, patents like this.

The difference is, of course, that Apple turns many of its innovations into the sort of operational details that so many people find appealing. Which is why running dogs like Samsung copy them.

But, hey - never let reality get in the way of yet another fact-free anti-Apple rant. A Judge found (in a preliminary injunction, no less) that Samsung only ripped off some of Apple's IP? Find a way to spin it as Apple being the bad guy.

 

[Rodimus Prime]

Net result of this ruling is well nothing. From the sounds of it and from what I am reading it is going to be an easy fix for Samsung. Worse case they pulling out Touchwize gallery app and put back in the stock android one for the time being and they should be good.

They have fair amount of time to fix it. Given the fact they have over 1.5 months to fix it this will be a none issue.

 

[dba7dba]

Net result of this ruling is well nothing. From the sounds of it and from what I am reading it is going to be an easy fix for Samsung. Worse case they pulling out Touchwize gallery app and put back in the stock android one for the time being and they should be good.

They have fair amount of time to fix it. Given the fact they have over 1.5 months to fix it this will be a none issue.

We are not done with the patents law suits Samsung filed in return. No one is talking about them as much as the Apple's patents but I sense it will be difficult for Apple to defend against.

 

[divinox]

Here's a question:

Was Samsung financially impacted by this suit against the Tab?

Does EU law say that the loser must pay for all damages?

1) Doubt it as they were allowed to keep selling devices.
2) Quite sure about that. Cant say if they are punitive though.

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Interesting read kdarling. Always good to see your posts.

The TC1000 (that I've previously bought up) even got a mention. Loved that tablet in it's day.

Yeah, i saw that too. Its quite funny that people in the other thread laughed at us mentioning it, calling us stupid and what-not.

 

[dba7dba]

Utterly untrue.

Pretty much every technology company - and more than a few Patent Trolls - files for, and receives, patents like this.

The difference is, of course, that Apple turns many of its innovations into the sort of operational details that so many people find appealing. Which is why running dogs like Samsung copy them.

But, hey - never let reality get in the way of yet another fact-free anti-Apple rant. A Judge found (in a preliminary injunction, no less) that Samsung only ripped off some of Apple's IP? Find a way to spin it as Apple being the bad guy.

Companies have patents to get license fees or to defend against patents trolls like Apple. And please don't go around saying stuff like (only) apple turns innovations into operational details etc. Don't you think we have better/faster RAM/LCD/chips all thanks to 'innovations'? You can BET all the techs/knowhow behind them are patented. You just don't hear about them.

The one patent that Samsung was found to be infringing was actually an app Google put in stock Android 2.x. If anything, Apple should've sued Google, but too scared.

 

[Oletros]

Net result of this ruling is well nothing. From the sounds of it and from what I am reading it is going to be an easy fix for Samsung. Worse case they pulling out Touchwize gallery app and put back in the stock android one for the time being and they should be good.

They have fair amount of time to fix it. Given the fact they have over 1.5 months to fix it this will be a none issue.

Gallery app in Galaxy phones is plain Android gallery app

 

[Lennholm]

Ok.

Looks like it's time for Samsung to up their game.

EDIT:

That's right, vote this comment down. The stark (and uncomfortable) reality is that Apple's case actually has merit.

No it doesn't, every complaint was thrown out by the judge except one small detail that is an easy fix for Samsung. So much for identical rip-off...

 

[stanton]

Photo Swipe

Is it just me, but much like the Stanley Kubrick defense, I swear this gallery swipe was apart of Star Trek the Next Generation's computer system.

It's pretty pathetic when everyone gets ideas from somewhere and copies to some extent. Just look at Apple's Jonathan Ive's designs and Dieter Rams. (http://gizmodo.com/343641/1960s-braun-products-hold-the-secrets-to-apples-future) The GUI itself for both Apple and MS was stolen directly from Xerox Parc.

That a company has to take legal action to squash competition is blatantly wrong imho.

 

[ChazUK]

Net result of this ruling is well nothing. From the sounds of it and from what I am reading it is going to be an easy fix for Samsung. Worse case they pulling out Touchwize gallery app and put back in the stock android one for the time being and they should be good.

They have fair amount of time to fix it. Given the fact they have over 1.5 months to fix it this will be a none issue.

It's the stock gallery app that is the problem. (Only for 2.3.x and below tho, 3.0+ doesn't infringe)

 

[divinox]

Reality-Check for once please: The decision is based upon a swipe across the screen, so it's a gui / user interaction patent that is ... well ... questionable to say the least (gestures were pretty well established in the computerworld LONG before apple chose one to make the user interact with it's devices...only changing the input method of the gesture [from mouse to fingertip] does not seem to be something worth patenting...)

Plus if you are against copying designs then probably the ipad should be taken of the market for copying the design of the HP touchpad demoed a couple of month before the first presentation of the original ipad (CES 2010) which in turn could be branded a copy of the Hanvon Tablet presented at the 2009 CES (german article with some interesting pictures)

To sum the judges rule up one would guess the patent for a mouseclick should have been granted and be enforceable

Thanks for the Hanvon!

 

[Mattie Num Nums]

Making these things actually matter to the industry (and then changing the entire industry agenda to focus on these things), is pretty innovative, if not ridiculously impressive.

So again you have no valid response.

 

[divinox]

It's the stock gallery app that is the problem. (Only for 2.3.x and below tho, 3.0+ doesn't infringe)

Remove. Make open-source. Download. Case solved ; )

 

[dba7dba]

Not that easy... any software release would have to be by Google, then they'd have to pass it on to all the network operators to play with it...

Not a problem for Samsung.

http://translate.google.com/transla...blijft-galaxy-s-ii-in-nederland-verkopen.html

 

[*LTD*]

No, being successful is not the same as being innovative. But yes, the end result is clearly impressive. I dont think anyone ever argued that.

As a funny exercise: Apply your reasoning to the case of MSFT, let it sink in... BAM! Any cognitive dissonance?

Nearly everything MS learned in the consumer space, they got from Apple's example. MS licensed it out (thus diluting their work), and Apple didn't.

The result is clear today: MS is a dying brand, with a dying image, desperately trying to flow Apple's lead along with their partners (some have given up, such as HP), and who are now in Apple's rear-view.

What's sunk in is that MS is built on Apple's work, and everyone today can see that. The truth is out.

So again you have no valid response.

"innovation" is pretty hazy around here. My response is as valid as anyone else's. The market and industry at large seems to think Apple is a big innovator. That title is applied to Apple more than anyone else, constantly.

What can I say. The answers you'e looking for are already there, and have been for quite some time.

 

[rjohnstone]

Remove. Make open-source. Download. Case solved ; )

It already is open source.
Most OEM's modify/brand many of the stock apps in Android.
The gallery app on the Galaxy phones is not stock AOSP.
Samsung has tweaked it.