This is a normal view people from corrupt countries hold. They believe all countries in the world are as their own.
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Jury Members Discuss Thought Process Behind Apple vs. Samsung Verdict
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This is a normal view people from corrupt countries hold. They believe all countries in the world are as their own.
So, would you be comfortable saying that IP theft is good for consumers?
Protecting the ability of smart people to invent great things is certainly good for consumers.
Letting copy-and-paste "designers" have their way with others' IP is ultimately what stifles innovation and puts crap on the shelves. I am constantly amazed by people who don't get that.
Manuel Ilagan, that is NOT evidence in regards to what you were supposed to decided on.
Apparently Coca-Cola should sue Pepsi for Sierra Mist because they decided they want a lemon-lime soda like Sprite.
Until you graduate law school, pass a state bar exam, and then are admitted to that state's bar, you should spare yourself the indignity of embarrasing yourself by making untrue statements about what is, and is not, evidence, and what the jury can and cannot base its decision on.
You clearly have no concept of "trade dress," or the legal protections offered if it's registered v. unregistered.
Not really. If this was Microsoft you will be cursing, whining and calling them "evil" in 56 different forms, and then those patent complains would be valid.
Watch this... you need it: http://vimeo.com/47322970
Legal System
The legal system is not perfect, far from it, I am very critical of it myself.
HOWEVER, I don't understand the Anti-American tone. If you don't like it, then simply don't play. You have the right to give up your American citizenship and companies -even American ones- have the right NOT to do business in the US, but they chose to, and this means that they will have to abide to the broken pantent law, just like taxes, and get sued if they break it.
The legal system is not perfect, far from it, I am very critical of it myself.
HOWEVER, I don't understand the Anti-American tone. If you don't like it, then simply don't play. You have the right to give up your American citizenship and companies -even American ones- have the right NOT to do business in the US, but they chose to, and this means that they will have to abide to the broken pantent law, just like taxes, and get sued if they break it.
Everybody likes to back an underdog (Samsung) but in this case they did the wrong thing.
If other companies like Microsoft and RIM can bring out new Tablets/Smartphones I cannot see why Samsung cannot do the same and play by the rules.
Is it asking too much?
If other companies like Microsoft and RIM can bring out new Tablets/Smartphones I cannot see why Samsung cannot do the same and play by the rules.
Is it asking too much?
An essay.
Creating a phone is not like a multiple choice question. It's not a case of choosing to be a rectangle or not. There are too many variables too much aesthetic reasoning and brand imposition that goes into the design. If we do use a black rectangle, then do we round the edges? What is the radius of our rounding? How much do we chamfer the edges? Why that amount? Do we need a bezel? What material should that be made of? What shape should our speaker hole be? Where should it be? What is the primary goal of the OS? How do we achieve that? Etc. No... Designing a phone is not a multiple choice, but an essay question. You figure out all the ideals and then, through design, you try and create something that achieves every nuance of your love letter to a smart phone. I'm willing to accept that after the release of Apple's iPhone, Samsung's soul searching led them to the same goals (maybe), but they didn't write their own essay; they looked at Apple's essay and stole Apple's exact wording Apple's grammar. Two people can agree on the highest level outline of an essay, but they won't independently write the same one word for word.*
Look at the Samsung Fascinate and tell me, without copying Apple, that they independently came up with that design, the 4x4 grid of icons, plus a four icon dock at the bottom, a side profile white silhouette of an old phone receiver on a green rounded square, a yellow flower for their photos app (because that's a standard, right?!), the same SIRI implementation, the same speech bubbles metaphor for their chat client, the same dotted pagination, the same dock connector, the same wall plug, the same box art..... So no... It's not Apple trying to stop black rectangles... This is Apple getting mad when someone is turning in stolen homework as their own.*
Creating a phone is not like a multiple choice question. It's not a case of choosing to be a rectangle or not. There are too many variables too much aesthetic reasoning and brand imposition that goes into the design. If we do use a black rectangle, then do we round the edges? What is the radius of our rounding? How much do we chamfer the edges? Why that amount? Do we need a bezel? What material should that be made of? What shape should our speaker hole be? Where should it be? What is the primary goal of the OS? How do we achieve that? Etc. No... Designing a phone is not a multiple choice, but an essay question. You figure out all the ideals and then, through design, you try and create something that achieves every nuance of your love letter to a smart phone. I'm willing to accept that after the release of Apple's iPhone, Samsung's soul searching led them to the same goals (maybe), but they didn't write their own essay; they looked at Apple's essay and stole Apple's exact wording Apple's grammar. Two people can agree on the highest level outline of an essay, but they won't independently write the same one word for word.*
Look at the Samsung Fascinate and tell me, without copying Apple, that they independently came up with that design, the 4x4 grid of icons, plus a four icon dock at the bottom, a side profile white silhouette of an old phone receiver on a green rounded square, a yellow flower for their photos app (because that's a standard, right?!), the same SIRI implementation, the same speech bubbles metaphor for their chat client, the same dotted pagination, the same dock connector, the same wall plug, the same box art..... So no... It's not Apple trying to stop black rectangles... This is Apple getting mad when someone is turning in stolen homework as their own.*
So by your logic, the ONLY way that the result could be unbiased is if the jury found in favor of the non-American company? Let me guess, you're a fan of FoxNews.American court finds in favour of an American Company
I read a couple of them (the ones pertaining to US law. The EU are interesting, and I'll probaly check them out later) and I just fundamentally disagree that patents are not useful. The writer speaks of an infamous patent of "simply updating a computer's software over the internet." He says it condescendingly as if it's so easy, how DARE anyone have a patent on it. But it wasn't always so common. Before someone invented it, it didn't exist. Why should we not reward that person for his invention? He speaks about Amazon's one click. At the time, it was new, it's hard to argue it isn't useful, and it's harder to argue that it was obvious. Why should Amazon not be able to use that invention to their competitive advantage?
No I wouldn't. Like I said, I'm a law student focusing on IP. I don't care who sues who. If they have a patent for it, and someone is infringing on it, sue their asses off.
True. It's not that I'm whining, it's just that some of the arguments are terrible. Samsung definitely should have created something different and were playing with fire. But their actions....led them to being the #1 Android maker.
Blah, blah, blah, yeah we get it.
Still doesn't change the fact that the court it took place in was not only in America, not only in California, not only in Silicon Valley and only 10 miles from Apple's Headquarters in Cupertino.
With a jury full of americans deciding the fate of multinationals. Now if you started like that from the outset. Some might say the deck is stacked...
This is an Outrage!
The American legal system must be smashed and Rebuilt in a Fairway
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so true the outcomes were not so biased in Europe or Asia
Disgusting
The American legal system must be smashed and Rebuilt in a Fairway
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so true the outcomes were not so biased in Europe or Asia
Disgusting
American court finds in favour of an American Company
An American court did not find in favor (look no "u") of an American company. A jury of people reviewed the evidence present to them and found that Samsung infringed on some... that's correct some, not all - of Apple's patents. I see you practice what you preach. Because you're not American, you're anti-American. You believe everyone else must be just like you.
If its broken its not broken just in Apples favour
I think the patent system needs reform.
That said... Apple followed the rules as they are written today and are defending the patents they obtained under this patent system.
Should Apple be allowed to patent a black rectangle? Maybe... maybe not.
But they were granted the patent... and it is certainly in their right to defend it.
Like I said earlier... ANY company could have obtained these patents... but Apple did instead.
+1... First they did that with Sony in the tv market... Which now has apparently stalled... Then with ogeneral in the airconditioner market and then with whirlpool and hitachi in the refrigerator market... AFAIK...
Did Samsung protest the location of the trial and ask for it to be moved elsewhere? Did they complain that the jury pool was biased?