wnurse said:Using your logic, why innovate? Why apply for patents. I say patents are a waste of time since everything has been invented that needs to be. A car for example, is a copy of a bicycle. I mean, according to your logic, this would be true because a bicycle gets you from point A to B, sure a car does it faster but so what? and by your logic, a plane is merely a copy of a car, only thing it does it gets you from point A to B faster. Your logic are a little on the silly side.
That's because you missed it.
The point is, "idea theft" is not "proven" by a scant set of similarities between products. All products will share similar traits merely due to the fact that they coexist in one marketplace and one world. FTP and HTTP share the trait that they can both transfer files, to borrow the previous example. However, this doesn't mean that HTTP is an FTP "ripoff"; it is different in core purpose, in fundamental design, and in intended audience.
Likewise, the fact that both Dashboard and Konfabulator have a similar set of widgets does not mean one is a ripoff of the other. They differ in fundamental ways, at their very mission statements.
As for patenting ideas ... well, generally the software developer community frowns upon that, while the software suits community loves it. But, in the end, for something to be patentable it has to be innovative in some way. Taking a technology du jour (javascript) and an age-old idea (widget toolkit) does not generally yield a patentable idea. And, believe me, the standards for a patentable idea are absurdly low.
Whether something could be done before is not the issue. The issue is whether the implementation has been done before. IE, man has always been able to tell time but when the clock was invented, it was the first time he was able to tell time without looking at the sky or the stars, etc. An application can be functionally doing something that has been done before and yet be new because it implements it actions in a new way. Unfortunately for Konfabulator and dashboard, this has been done before by stardock. So apple saying "Redmond, start your photocopiers" does not really wash. My argument with you is not that Konfabulator is not new (it isn't), my argument with you is your logic. It's ok to defend apple, just do it without the blinders on. Makes your logic much clearer.
Ummm... okay. I never said Dashboard was a completely new or even a patentable idea. I wouldn't put StarDock as a predecessor of Dashboard (although it is certainly more in line with Konfabulator), but there are several more tenable instances of previous art, the most pertinent of which continues to be Apple's own Desk Accessories. The real set-apart innovation here, which is simple yet killer, is that Dashboard gets out of your way when you're not using it. Stardock doesn't, and Konfabulator doesn't. This isn't a "feature", it is a core difference of approach. I'm not sure if there is a pertinent predecessor there.
On the note of the "start your photocopiers" jab, do you think it may be possible that Apple was talking of Tiger as a whole instead of a specific individual feature of Tiger?