Samsung Cites Kubrick's '2001' Film as Prior Art Defense Against Apple's Injunction Request

[BaldiMac]

https://forums.macrumors.com/showthread.php?p=13230905&monopoly#post13230905

Seriously? You quoted a post by wikus as evidence. Not sure what that is supposed to show.

The courts consider "majority market share" plus "anti-competitive practices" among other factors in deciding whether a monopoly exists.

Apple clearly has the market share, and their business practices (such as this nonsense trade dress lawsuit) could be interpreted as anti-competitive.

Apple should be slammed, and slammed hard over this nonsense. I hope that Apple loses far more than any temporary advantage over Samsung would have gained them.

Your understanding of antitrust law is a bit simplified. I like how you left out the "among other factors" in deciding Apple is guilty. As if they aren't important. Abusing a monopoly requires more than just market share, though market share is a significant factor. Durability of the market power is another important factor. You are not going to see an antitrust lawsuit in a market as new as the iPad market.

And, of course, suing a competitor is hardly an anti-competitive action.

"Convicted monopolist" would be a good tag for Apple.

And we get to the crux of your argument.

 

[42streetsdown]

If Dr Cochrane's warp drive looked exactly like the flashy lights in Star Trek, then he would be in trouble.
In reality, any sort of actual warp drive system would look nothing like that.

The functionality of the device is irrelevant in this case.

Because you totally know how warp drives work. ROFL

 

[iSayuSay]

Samsung should read article about tablet design comparison between pre iPad and post iPad era.

Someone posted this image a few pages back on this thread too. That's a valid, simple and strong point about companies trying to copy iPad with their tablets.

Go figure Samsung!! Why lose creativity after iPad being launched? Why?? Samsung has been there long long before iPad exist, why??

 

[vrDrew]

And we get to the crux of your argument.

I've wasted too much time today on this subject already.

But I think you pretty much hit the nail on the head. There are some people who, for whatever reason, just don't like Apple.

Trying to reason with these people is a waste of time. They don't listen to reason. They don't read the sources cited. They don't even bother to try and understand the issues involved.

 

[divinox]

Samsung should read article about tablet design comparison between pre iPad and post iPad era.

Someone posted this image a few pages back on this thread too. That's a valid, simple and strong point about companies trying to copy iPad with their tablets.

Go figure Samsung!! Why lose creativity after iPad being launched? Why?? Samsung has been there long long before iPad exist, why??

Its funny, i posted this say 1 page back - if even that - see this post for reference.


cherry-picking usually ends up with quite one-sided results.

 

[BaldiMac]

And somehow you don't see how this image supports Apple's argument and not Samsung's.

 

[Sankersizzle]

Samsung should read article about tablet design comparison between pre iPad and post iPad era.

Someone posted this image a few pages back on this thread too. That's a valid, simple and strong point about companies trying to copy iPad with their tablets.

Go figure Samsung!! Why lose creativity after iPad being launched? Why?? Samsung has been there long long before iPad exist, why??

Its funny, i posted this say 1 page back - if even that - and yet i have to post it again.
Image

cherry-picking usually ends up with quite one-sided results.

You guys are nuts. They all look the same.

 

[iEvolution]

And somehow you don't see how this image supports Apple's argument and not Samsung's.

How do you figure? It shows that tablets looked like that long before Apple started with the iPad.

Apple is acting like a child lately, they are becoming sue happy in an attempt to lower the already low competition. This behavior is very anti-competitive. Apple thinks they own rights to rectangles.

 

[Sankersizzle]

Who will the non conformists and hipsters blindly support now that Apple is acting like a big jerk?

 

[chrisandersen]

I should have patented that rectangle when I had a chance.

 

[Ingot]

Lead Samsung Attorney.

Doug.

Flutie.

Good quarterback for the Stamps back in the day.

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and on that note

HAL --> IBM
Image

Image

That my friend is cool, and extremely disturbing. Good Show.

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Kubrick is a genius. I wish he were still alive making quality movies.

Image

Again, very cool and very disturbing...

 

[chatin]

Samsung doesn't know movies or tablets!

2001 is about a big, singing mainframe named HAL. About as far away from iPad as it gets.

Samsung did a product called Penmaster in the early nineties. Dropped dead on a 386sx processor.

 

[ZipZapRap]

Its funny, i posted this say 1 page back - if even that - and yet i have to post it again.

cherry-picking usually ends up with quite one-sided results.

haha that's gold.

And so is this article. Well played Samsung, well played.

 

[DakotaGuy]

Apple brought science fiction to reality

Samsung copied Apple's successful product

Just look at cell phone history. Years ago Samsung was making knockoffs of Motorola Razr too.

LOL... I forgot about the Samsung RAZRs.

 

[Sankersizzle]

I've wasted too much time today on this subject already.

But I think you pretty much hit the nail on the head. There are some people who, for whatever reason, just don't like Apple.

Trying to reason with these people is a waste of time. They don't listen to reason. They don't read the sources cited. They don't even bother to try and understand the issues involved.

Right. But what you fail to understand is that for everyone of those people, there is another one that, for whatever reason, just love Apple.

Trying to reason with these people is a waste of time. They don't listen to reason. They don't read the sources cited. They don't even bother to try and understand the issues involved.

 

[BaldiMac]

How do you figure? It shows that tablets looked like that long before Apple started with the iPad.

Apple is acting like a child lately, they are becoming sue happy in an attempt to lower the already low competition. This behavior is very anti-competitive. Apple thinks they own rights to rectangles.

Because none of those tablets pictured contain all of the design elements in Apple's claim. Apple isn't suing over rectangles.

It has been reported that Apple's EU claim requires all (or possibly most) of the following elements to be present in order for a tablet to infringe on what Apple considers their trade dress.

- a rectangular product with four evenly rounded corners;
- a flat, clear surface that covers the front of the product;
- a visible metal frame around the flat, clear surface;
- a display that is centered on the clear surface;
- under the clear surface, a neutral margin around the sides of the display;
- if the product is switched on, colored icons within the display.

All of them. Two or three of these elements in a tablet do not amount to an infringing product or prior art.

 

[sennekuyl]

There are numerous claims made by Apple in its suit against Samsung.

But I thought you might like to compare the original Apple iOS icons for various smartphone functions with the ones Samsung chose to "create" for its Touchwiz interface:

Image

I don't see how any reasonable person could look at those icons and NOT see that Samsung blatantly copied Apple's copyrights. Did they HAVE to make the "Phone" icon green?

Seriously? Green for a phone has meant the 'answer' button at least since 1998 (My first mobile phone)

Did they HAVE to use a gear icon to represent "Settings"

That 'gear' seems to come from KDE 3.5 'plastique' theme setting (circa 2004 - 2008?), and is generic to most people for 'settings' along with a wrench.

Did they HAVE to use a yellow legal pad to represent a notepad?

Bloody Hell! strawman much? Yellow note pads have been used for 'notes' in linux esque stuff for a 5+ years.

Did they HAVE to use a yellow sunflower to represent the "pictures" function?

I'm sure the sunflower has been used for photo apps for a while, but as I can't place it you

Did they have to use the exact same pair of musical notes superimposed on a CD to represent music?

The 3rd CD icon you showed seemed to be straight out of Winxp [circa 2001] and they are musical notes. A favourite everywhere.

Would it really be "preventing innovation" if Samsung had, for example, used a pair of crossed wrenches to represent settings? Would people not be able to understand a Phone icon with a blue background?

No - Samsung went out of their way to rip-off just about every element they could find to copy the iPhone and iPad.

Virtually everything you mentioned and displayed has been generic symbols for those functions forever and a day. You obviously don't know what you are talking about and only a blind man would confuse the two. I'd be glad you aren't arguing my case.

That said, despite thinking it was a pretty weak case by Apple, for Samsung to have used these tactics makes me question if there was something after all. Seems weak and desperate to pull unless it was just a short introduction to the meat of their defense. Though, I'm not sure courts find flippancy funny.

 

[Drunken Master]

steve: Stop selling the galaxy tab!

Tab10.1: I'm sorry steve, i'm afraid i can't do that.

Steve: What's the problem?

Tab10.1: I think you know what the problem is just as well as i do.

Steve: What are you talking about, tab?

Tab10.1: This mission is too important for me to allow you to jeopardize it.

:d

 

[mmcc]

Those lawyers have a lot of free time

Not really -- they are knee deep in patent lawsuits just the way they like it. $$$$

I am for Samsung. This patent silliness needs to end regardless of who files frivolous patents. I think the reason tablets have come on the market is because the miniaturization, power consumption and battery technology finally caught up with the form factor -- not because Apple had any brilliant and novel insight.

 

[prestomusic]

Wow, Samsung IS desperate. That clip doesn't even provide enough detail to base a legal argument on. Sure it shows a flat tablet. Fine. anyway, how can one make the comparison of *possibly* getting inspiration from a fictional item in a sci fi movie to actually copying an existing real device.

The point is that Samsung has actually copied not only the form factor, but also the aesthetic design of the iPad. It's pretty simple really Samsung should be ashamed.

As much as these copies are the ultimate compliment to Apple, really these copy cat companies should put a bit of effort into innovating their own designs.

It just goes to show how pathetic and desperate they are.

 

[oceanwest]

iphone prior art c. 1980s V tv Series.

http://www.youtube.com/watch?v=KRIjSimbBlE

 

[mandis]

First of all, 2001 was an epic movie! One of the best scifi films ever made! And considering that they came up with all this tech well before the pc was invented makes it even more amazing.

Concerning Samsung, I don't like them very much. I really think they make second rate products. However I don't like Apple's game either. What they're trying to do doesn't seem legit. After all they didn't invent the touch tablet. They simply made a really awesome product out of it.

 

[sennekuyl]

Do you know how ridiculous it is of you trying to defend those icons?

Do you know how ridiculous it is to compare them?

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And here I was thinking Samsung was sad, turns out their fans/apologists are sadder.

...

Seeing as Apple's case so far has been modified pictures still showing a product that doesn't look confusablely like their own product (but does look like it is a similar type of device), to just make the assertion that people saying "What?! Where is the similarity?" are 'sad' is funny.

There may be something legal in Apples case with regards to 'trade look and feel. Plebes like you an I probably would get frustrated with the pedantic obsession of minutia [with similary to] most things in life.

 

[Swift]

This is bizarre

What kind of chips were in those tablets in 2001? Uh... The idea is not what's protected. It's the exact design details as produced.

 

[dukebound85]

What kind of chips were in those tablets in 2001? Uh... The idea is not what's protected. It's the exact design details as produced.

Yet it seems as if Apple is going after the idea