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Dude, give it up. it's clear that kubrick had different vision to the book and reading the book a million times won't help you.

Bowman sets down the tablet, he then walks over to the food machine and picks up food. He did not move the tablet in any way, so there's none of this "he moved the clipboard to put in a tablet." the fact that the size was different could just be a continuity error, as you said yourself, and you're basing your whole argument on it?

all these people who argue based on one clip without watching the movie shouldn't bother.

I'm not basing my argument on anything other than having read the book and watched the film multiple times. So sure, my reading of the "tablet" could also be a continuity error, but it seems strange that what he sets down is noticeably larger and different colored than what Poole is looking at. And yes, the "tablet" Bowman is watching is at a totally different angle and location from where he sets down the item at first which implies some things were moved around before Bowman sits. There are also several long shots in place of Bowman sitting down and/or arranging his space to eat and watch TV. I don't think my reading of that scene is flawed. I accept that I could be wrong (and the "making of" excerpt posted here suggests that I may be) but I stand by my logic.
 
Apple WAS granted numerous trademark and patent protections on various design and functional elements (the metallic bezel, the shape, color, arrangement, etc. of the System App icons) as well as their Trade Dress (ie. Apple's destinctive packaging.)
Apple has been granted the Trade Dress.

Apple hasn't legally established trade dress yet. That's what they're trying to get a ruling on in their lawsuits around the world.

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.

Apple can try to claim what's in that injection request list, however those items were never written down before. The design registration doesn't say that the bezel is metallic, nor does it have anything about colored icons.

I don't see how any reasonable person could look at those icons and NOT see that Samsung blatantly copied Apple's copyrights.

You meant trademark, and no reasonable person would think Samsung violated those with exact copies. For instance, this is Apple's trademark for the Settings icon:
settings_icon.png
"The mark consists of partial images of three gears shown in gray, white and silver, on a background of gray with black dots, all contained within a rectangular grey and white frame with rounded corners. - settings icon trademark"

The Samsung settings icon does not contain even most of those registered elements.

Did they HAVE to make the "Phone" icon green?

You have the copying sequence backwards. Many of Apple's icons were chosen to be familiar to users and thus were derivatives of patterns already in use.

For instance, the Send icon has been green since the very first cell phone. Most of the time it's included a phone icon, and some companies like HTC have used left leaning handset icons for years before the iPhone existed. Moving the icon over to a touchscreen meant that a good choice would be to reverse the colors so it was light on green.

Apple couldn't get a trademark on the icon such as Samsung and others used (even WinMo back in 2004), so they got one for an icon with striped background instead.
iphone_icons.PNG
 
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.

If you take apart the bezel, nearly every tablet infringes the community design. This is why Motorola is being sued.

Can you explain me how can you make a tablet without using at least three of the points?
 
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:scratch: I didn't think they could challenge someone else's designs based allegedly on theirs without having been granted a unique design. They have been granted the rights to 'trade dress' as I understood it, because they submitted a specific design to the EU to cover their 'appearance'. As I understood it, this case was about whether or not Samsung infringed on that design. The result of that has not been granted.

If I'm mistaken, then I take back my acknowledgement vrDrew, but still expect you to acknowledge the frivolousness of the case. :D.

Still, KDarling is right about the icons et al. And I know that gear icon from KDE. It is not only not like Apples, it is an obvious use for that function (like most of the barely similar icons with exception to the Photos icon and sunflowers.)
 
:scratch: I didn't think they could challenge someone else's designs based allegedly on theirs without having been granted a unique design. They have been granted the rights to 'trade dress' as I understood it, because they submitted a specific design to the EU to cover their 'appearance'. As I understood it, this case was about whether or not Samsung infringed on that design. The result of that has not been granted.

The design submitted in the EU was not specific like the US one
 
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.

Lets see:

- a rectangular product with four evenly rounded corners;
Unless you make edges that are sharp, you could conceivably argue all tablets have four evenly rounded corners to some degree.

- a flat, clear surface that covers the front of the product;
All tablets

- a visible metal frame around the flat, clear surface;
Any tablet made with metal instead of plastic.

- a display that is centered on the clear surface;
All tablets

- under the clear surface, a neutral margin around the sides of the display;
All tablets

- if the product is switched on, colored icons within the display.
All tablets


So basically your argument is that because they made it out of metal instead of cheap glossy black plastic like everyone else that it must be a copy of the iPad.

Anyone with half a brain can see that this entire lawsuit is completely baseless, and the only reason Apple is doing it is to temporarily stall Tab adoption before they release the iPad 3.
 
If you take apart the bezel, nearly every tablet infringes the community design. This is why Motorola is been sued.

Can you explain me how can you make a tablet without using at least three of the points?

There is no question that Samsung's design could have been vastly different.
1: a rectangular product with four evenly rounded corners;
2: a flat, clear surface that covers the front of the product;
3: a visible metal frame around the flat, clear surface;
4: a display that is centered on the clear surface;
5: under the clear surface, a neutral margin around the sides of the display;
6: if the product is switched on, colored icons within the display.

2. is essential, and realistically so is 5 & 6 --- it wouldn't be a viable product without them.

The rest allow for a lot of variations... let see, for #1: it could have a squared hysteresis 'leaf' look to it. A bit of an awkward design, but could be done.

#3: Obvious, hide the metal frame.
#4: 'My' hysteresis 'design' would do it, or obviously something of centre such as having an area for physical interactions - buttons or input area etc.

I don't think that it is impossible to arrive at other possible designs. I do think it is impossible to not come up at in the beginning of brainstorming with the design Apple is fighting for. This is evidenced by the similar designs that predate the ipad for similar products.

----------

I think it was specific, Oletros, but it was also very broad.
 
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Really samsung. Their is so much ways you can make a tablet look different.
BB playbook, Asus transformer. Acer Iconia, Toshiba Thrive. All are different designs.
what makes this
samsung_galaxy_tab_101_with_android_30_honeycomb_1.jpg


any different from this
blackberry-playbook1.jpg


the answer is, nothing much. yet for some reason you think it's a totally different design?
 
So stuff that appears in science fiction isn't patentable?

everyone stop working on teleporters, there's loads of "prior art" (the fly, star trek etc) so you won't be able to earn any money from your invention.

/end facetiousness

:rolleyes:

ok people use your heads. Patents are granted for specific implementation of an idea. If that sounds too complicated it means something that actually works. Stuff you see in a movie like a teleporter doesnt even work, its merely an idea of how it might work. You can't patent an idea.

Oh and even if teleporters did exist... one guy could make one that works like in star trek, and another guy could make one that works like in the movie the fly... and they both could get patents because the specific implementation is different from each other even if they end up doing the same thing.
 
it actually looks more like a Honeycomb tablet than anything else just by the widescreen format

rapny-1.jpeg


it even has physical keys on it like Motorola devices!

OMG it has the IBM logo on it (bottom right of Kubrick's tablet)

But it's Apple who says those differences are meaningless, otherwise they couldn't claim that the Tab is copying the iPad
 
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Or the old testement could could sue them too
 
ok people use your heads. Patents are granted for specific implementation of an idea.

No. Copyrights are granted for specific implementations, patents are granted for specific concepts and methods.

Patents are abstracts, they have nothing to do with concrete implementations of products. That is what makes them such a powerful weapon when you have enough money to pay the lawyers. And that is why only large companies benefit from them.

Anyway. Everybody who has been watching Sci-Fi movies in the last 40 years has seen more than one version of a tablet computer. Star Trek Next Generation is full of them. There's hardly a captain's cabin scene in which Picard is NOT reading from a tablet and that series is already twenty years older than the iPad.

I think that it is very valid to refer to movies or novels as prior art. After all, this is where most of the actual product ideas come from anyway. Just because somebody implemented a working product doesn't magically make it "the original". When you build the first working space elevator, you will still "only" have implemented Arthur C. Clarke's basic idea.

By the way, everybody who has read "Revolution in the valley" should know from where Steve Jobs stole the idea of "rounded corners". Hint: Just take a closer look at the next traffic sign that you see. So much for the originality of the iPad's rounded corners.

Apple's current campaign of lawsuits is only about this: They know that they cannot win, but they need to delay the competition for as long as possible.

The iPhone 5 is late and will probably have not much new to show when compared to current high-end Android phones. Apple have lost their advantage and they know it. In fact, most major features of iOS 5 and the iCloud are basically Android and Google rip-offs.

The situation in the tablet market is also about to change, and not in the favor of Apple. Android 3 has finally arrived and there are now even tablets out there that can compete over the price and software is being written for and ported to tablet Android in masses. No software developer will or can ignore the Android market. Apple is no longer the only serious player in the field.

Remember the Lisa, the original Mac and then this ugly abomination called Windows on PCs? I think we all know how this ended for Apple. What makes anybody in their right mind believe that Apple with its closed, proprietary platform and Walled Garden is going to dominate the tablet and smartphone market forever?

Licensing iOS would have been the ONLY move to ensure market domination, and that is, as we all know, the one move that Steve Jobs would never make. Instead of following the old "divide and rule" tactic he rather watches somebody else level the field and take the lead. Apple never played well with others and as long as Steve runs the company, they never will. For some strange reason, he seems to believe that he can turn back the time in the IT industry to the 1950s/1960s, where one company alone owned and controlled the entire market: IBM. His arrogance will eventually be Apple's downfall.

But it will all be over anyway on the day that he checks out from Apple. There is no successor, he made sure of that. Just as if he had used the old Highlander mantra: "There can only be one." He might be like "a good King of France" in the worst sense, but he has vision and drive and today's Apple is an incarnation of that vision. He's the artist and the company is his canvas. But none of his lieutenants will be able to walk in his steps. They can only institutionalize his achievements, but nobody at Apple could build on them. When Steve leaves, Apple will cease to create and innovate. By that time, they'll be just another IBM or Microsoft, only with a Douglas perfume image around them.
 
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divinox said:
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Except the "prior art" is imaginary. It's a movie prop in a science fiction film.

It's funny that Samsung thinks any court should take this seriously.

touch_pbj.gif


i213%20with%20Intel%20Logo.jpg


touch-it_i200_thumb2.jpg


94.jpg


Real enough for you?

No, but you don't seem to know the issues here nor do you know what an iPad looks like. You keep posting irrelevant pics in all these threads. It is like you think spamming these irrelevant pics will mean something. Maybe you can go to work as an investigator for the Samsung legal team and get paid in atta boys
 
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No, but you don't seem to know the issues here nor do you know what an iPad looks like. You keep posting irrelevant pics in all these threads. It is like you think spamming these irrelevant pics will mean something. Maybe you can go to work as an investigator for the Samsung legal team and get paid in atta boys

Perhaps the one that doesn't understand is you.

Maybe you can go to work as PR guy at Cupertino
 
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Dammit Cubs said:
LOL...all they showed was a thin device that played some video. That doesn't make it a tablet. Where is the interface? where is the design structure. This doesn't even look like an iPad.

EPIC FAIL ON SAMSUNG. If you are using space odyssey then you really don't have a case.

This is what is funny. Instead of arguing their devices are different they instead admit they are copies and provide a bad fictional example of prior art.

For all those saying Samsung did not copy apple: by playing this card they are essentially admitting they did use the same design as the iPad.
 
This is what is funny. Instead of arguing their devices are different they instead admit they are copies and provide a bad fictional example of prior art.

For all those saying Samsung did not copy apple: by playing this card they are essentially admitting they did use the same design as the iPad.

That would be the case if this point were the only point on Samsung defense but is only one of many.

And they're not admitting nothing, providing prior art is saying that is not a copy of Apple
 
The movie was actually spot on.. We all look like this while eating a breakfast with our iPads on the table..:) Bravo to Kubrick, it looks so funny:)

On the other hand, I haven't seen them touch the display to operate the device in the clip... Plus they both watch the same series at the same moment... Seems bizarre, since you have hundreds of thousands apps and Netflix available on the iPad... No two twitter streams are the same! So that's not really an iPad...

Anyways I agree with earlier posters -

a) that it is hallucinating, that they use a Youtube clip of a cult classic as an evidence

b) these patent wars should cease, they harm everyone, especially the customers...
 
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chocolaterabbit said:
I don't know, but the thing Bowman sets down is clearly not the same size or color as the thing Poole is looking at. It appears to be paper which suggests a clipboard or file of some sort.

And as far as not seeing the screen on the table from a distance, I'm pretty sure 2001 is a movie, not a documentary which means there could be filming and continuity errors. :D

Coupling that with what the book describes, I'd say it's a big stretch to argue that these are tablet devices.

Dude, give it up. it's clear that kubrick had different vision to the book and reading the book a million times won't help you.

Bowman sets down the tablet, he then walks over to the food machine and picks up food. He did not move the tablet in any way, so there's none of this "he moved the clipboard to put in a tablet." the fact that the size was different could just be a continuity error, as you said yourself, and you're basing your whole argument on it?

all these people who argue based on one clip without watching the movie shouldn't bother.

So Samsungs prior art claim requires the judge to watch 2001 in total? Can you highlight that in Samsungs filing?

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Oletros said:
This is what is funny. Instead of arguing their devices are different they instead admit they are copies and provide a bad fictional example of prior art.

For all those saying Samsung did not copy apple: by playing this card they are essentially admitting they did use the same design as the iPad.

That would be the case if this point were the only point on Samsung defense but is only one of many.

And they're not admitting nothing, providing prior art is saying that is not a copy of Apple

I don't think you understand what the phrase "prior art" means then.

In fact I am sure of it.
 
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I don't think you understand what the phrase "prior art" means then.

In fact I am sure of it.

Strange, another post saying that people that doesn't have your opinion is because doesn't understand or is ignorant.

Perhaps the one that doesn't understand is you. Well, I'm sure of it.
 
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Oletros said:
I don't think a lot of people here or the Samsung Lawyers understand the concept of prior art.


And you are an expert on this field, and more than Samsung lawyers.

Apparently so.
 
As a fan of Kubrick, I'm pleased to see this thread. I'm sure there's a lot of younger people on this forum who've never even heard of the movie. It's worth watching.

Samsung is basically the industrial and electronics branch of the government of South Korea. It's like GM and GE and IBM and Boeing combined. If you go to Korea (I've been there, it's a beautiful and exciting place to visit, especially Seoul), you'll see Samsung skyscrapers, and Samsung cars and trucks and planes and trains, and Samsung military equipment, and oh yeah...Samsung electronics and appliances (as we are familiar with in the USA). Samsung = South Korea. South Korea = Samsung.

South Korea is extremely protectionist and isolationist and anti-competitive. The have managed to grow companies like Samsung and LG and Kia into huge corporations by preventing any other country from competing with them, then pushing into other markets with huge volumes of sales because they have the government backed capital and political power to do so.

I'm all for Apple fighting this battle, not because I want there to be less competition in products, but because Korea is hands down the aggressor in the arena of anti-competitive tactics in the "world market".

When I was over there last year, Koreans were only just getting the iPhone, and only because people were clamoring for it. Korean cell companies have a totally closed proprietary system. You can't even connect a foreign cell phone to their network.

I wish our government was willing to push back and protect the manufacturing and retail jobs that are created by American companies (Apple) as much as Korea is willing to do for its own (Samsung).

Of course, my whole nationalist argument is undermined by the fact that everything Apple manufactures is made in Asia. :rolleyes:

Anyway, it's an interesting legal argument. Korea can afford to pay a lot of lawyers, but I'd still wager on Apple to win this battle.
 
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KingCrimson said:
For you knee-jerk Apple defenders, ask yourself why you hate Samsung so much. Why do you think Apple is entitled to a tablet monopoly?

A better question is why arent you posting on Samsung rumors.
 
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