The software patent system needs to be abolished. It causes more issues than it fixes.
I wouldn't say it should be abolished outright. It does have it's uses. But the whole thing could use a good overhaul or two.
See, imagine that one of us here is going to invent the next great program. This guy has thought of some incredibly novel way to do certain things in an entirely new fashion. There's nothing like it in the industry. He goes out, shows it off, does a light bit of word-of-mouth marketing. It starts catching on.
After awhile, it gets huge. Everyone loves this neat new thing. He starts making millions off his innovative new program. Life is good. Until...
BAM! He's suddenly facing 100 lawsuits from 100 different software companies and random patent trolls, all claiming infringement. Each one of them feels horribly wronged by his obvious theft of their hard won intellectual property. They want compensation. Each one of these companies and trolls demands a licensing fee. When everything is said and done, he's giving away 3 quarters of his profits.
Guy eventually decides to give up and join a monastery in the Sierras. He's never heard from again.
This is the current state of the software patent system, people. It isn't exactly the best thing in the world at the moment, and hardly protects innovation like it claims. Just because someone, say Samsung, is facing a lawsuit over a patent dispute, it doesn't mean they're guilty of outright stealing. No. They just happened to implement some minute, vague thing that a few dozen different companies have a claim for.
You think Apple hasn't been sued? They have. Countless times. Over the most inane BS imaginable. You can't make anything in the computer hardware/software industry these days without stepping on a thousand toes along the way. Toes you didn't even know were there til you heard someone yell.
Please look at the Galaxy Tab, the power adapter, the packaging, even Samsung's latest ad with the Richard Dreyfus-like voiceover ("Because we're Samsung, and that's just the way we're wired." (LOL!)) and tell me in all honesty that Samsung isn't just KIRFing Apple at every turn. The feigned ignorance here is so annoying.
I'm not claiming Samsung is completely innocent here. All it takes is a mere glance at some of their stuff to see that, yup, they were more than a little inspired by Apple in some regards.
But it's mostly trade dress. Tech fashion. They did ape a bit from Apple's usually sleek industrial design, but did differentiate it enough that no one in their right mind would mistake one for the other. And Apple's design is usually so spartan, it's hard NOT to copy them in some shape, form, or fashion.
So yeah, they should be called out for it. The hardcore fans can wail, and bitch, and gnash their teeth. But should they be sued for it? Eh. I don't think so. To me, it's kinda pointless bickering.