you must be mistaken, or justia must be mistaken. Only apple would be so evil and bullying and mean to sue over trade dress.
he hasn't heard of those so they don't count.
Surprising isn't it?
you must be mistaken, or justia must be mistaken. Only apple would be so evil and bullying and mean to sue over trade dress.
he hasn't heard of those so they don't count.
I'm in law school, and I'm focusing on IP. Trust me, you'll learn that the whiners are wrong in most cases.
Also unsaid is that Apple didn't implement 3G on themselves, but bought the module from Intel who paid the license fee on the module. Samsung was just trying to double-dip.
Yes, nyt made an illustrative image on the situation in 2010, everyone is suing everyone, pretty much.
Image
http://bits.blogs.nytimes.com/2010/03/04/an-explosion-of-mobile-patent-lawsuits/
They take it so personally, because of the massive amount of Steve Jobs marketing.
Did you form this opinion before or after you read the license that Intel got?
That probably explains a lot of the anti-Apple sentiment, as well. If this were Ford or GM who won a $1 billion judgment against Hyundai for copying a car design, would we see the same level of vitriol? Would we have hordes of Hyundai Sonata buyers claiming hometown bias?
The point is not that you are subject to the laws of other countries, the point is being subject to laws jointly agreed upon by elected governments and elected parliaments from several countries. In the same way as you are subject to laws jointly voted upon from senators and congressmen from your own state and from states not your own.Maybe it's not a "bad" idea, it's just an incredibly unrealistic one. Why doesn't everyone follow the same laws, is basically what you're asking. At that point, there's no point to distinguishing between countries.
But I am quite glad that I am not subject to the laws of certain other countries on this planet, and that country's inhabitants might feel the same (or agree, and wish they could live somewhere else!).
List of companies that the graph indicates are not suing anybody.
HTC
Sharp
Sony Ericsson
Samsung
Motorola
Hitachi
Toshiba
LG
NYT said:Nearly every large mobile phone player — with the exception of Microsoft, Palm and, so far, Google — has recently been involved in some sort of patent litigation regarding mobile technologies.
The graphic above, showing a sampling of these lawsuits, can be almost dizzying to look at and decipher.
Unsaid is that Samsung's IP is FRAND, so in most jurisdictions, the last avenue for the parties would be for the court to determine licensing fees.
The point is not that you are subject to the laws of other countries, the point is being subject to laws jointly agreed upon by elected governments and elected parliaments from several countries. In the same way as you are subject to laws jointly voted upon from senators and congressmen from your own state and from states not your own.
Why does the US have state laws and federal laws? And why are patent laws not different in every state? According to your logic, if the individual states in the US cannot have their own patent laws there is no point in distinguishing between states. Doesn't the federal government in the US has legal powers in particular to regulate interstate commerce and aren't those laws policed by federal courts? Shouldn't the same apply to inter-country commerce, ie, rules governing inter-country commerce, eg, regarding customs or import or export restrictions be policed by international bodies?
Lol..... Trust me when you start working in a real law job, the law school students are the whiners. Just waitThe big boys can handle this one
Shouldn't the same apply to inter-country commerce, ie, rules governing inter-country commerce, eg, regarding customs or import or export restrictions be policed by international bodies?
You mean they all have the same view on things like the death penalty or the individual mandate for health insurance? Do you really think the differences between individual states in the US are smaller than, eg, between the US and Canada?Except the individual states are united by a set of shared beliefs and positions.
You know, there is this wonderful term called compromise. And just because we cannot agree on everything does not mean that cannot find areas where we can find a compromise that everybody can live with. If people would not be able to compromise, nobody would ever marry.OK, inter-country commerce. We hold freedom of expression very highly, even allowing neo-nazis to march through Jewish neighborhoods, holding up the swastika. If you want to sell a T-shirt with a swastika in the U.S., that's freedom of expression. In Europe, which suffered far more from the crimes of the Nazis, things are different. Whose views should be imposed, the American "freedom of expression is key" or the European "respect for those who have suffered" view.
On patents, the U.S. has been broader than other countries in what can be patented. Whose views should be imposed on the world?
Both companies apparently thought it was better to try to challenge patent validity and infringement first. In other words, why pay any royalty if you don't have to.
You mean they all have the same view on things like the death penalty or the individual mandate for health insurance? Do you really think the differences between individual states in the US are smaller than, eg, between the US and Canada?
Of course there are shared beliefs and positions within every country. But there are also shared beliefs between separate countries. And wherever that exists co-operation and joined rule creation can happen beneficially.
You know, there is this wonderful term called compromise. And just because we cannot agree on everything does not mean that cannot find areas where we can find a compromise that everybody can live with. If people would not be able to compromise, nobody would ever marry.
Guess what, these things are happening, just very slowly because as you rightly say, it is hard. Custom unions between groups of states have been formed and are being formed and expanded worldwide. That requires agreement on tariffs and a lot of technical definitions. But in the end, commerce can happen within a custom union with much less paperwork.I understand the concept being described, I just believe it is unrealistic to believe that any of the biggest players are looking to cede their sovereignty on these matters, particularly when some have very different views of intellectual property policy and enforcement to begin with.
Well, and they are free to agree on a common set on standards as they already do on things like trade via sets of rules negotiated within the framework of the WTO and with disputes settled by international panels.There's also this wonderful term called national sovereignty, that the countries get to pick the standards that they choose.
Both the lack of keyboard and the high price was part of his criticism.
http://www.youtube.com/watch?v=eywi0h_Y5_U
GUI
Hard drive MP3 player
Click wheel
So my point is, a lot of this stuff that you THINK apple invented...they didn't.
Or do you mean like a graphical computer interface, a mouse, WYSIWYG text editors, laser printers, etc. that Apple, MS, and others stole from Xerox?
Compaq released the first hard drive based digital audio player.
Apple tends to improve such devices...but, no, they didn't invent them. Get your facts straight.
Apple has never said "now that we have entered a market, nobody else can ship a product in it". The problem is when people say "OK, all that development work you did, Apple? We're gonna use that."
Thanks. I personally thought there were many points made that were either erroneous, or uninformed. That's just IMHO.
"...our out-of-control patent system" (emphasis mine). I thought the Guardian was a UK press, so how can it talk about Apple and UK patent law? The jurisdiction in this case is the USA.