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AFAIK, Apple has never complained about the connector or power block, so not sure why they're being made into a big discussion point.

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As for the vaguely similar microphone image comparison, that shape is commonly used to indicate voice input.

For example, here are the voice input icons on the new iOS 5 keyboard, and an old Android keyboard. (Note that even the positions of the Shift and Number keys are similar.)

So did Apple copy others, as they did with their phone icon? Or was it just a coincidental design choice that uses common sense, as does some of Samsung's design choices?

View attachment 304054

Btw, there's a new UI problem coming up, as many young people of today have never seen such microphones. Heck, most have never seen an old Bell handset such as most phones use for a "Call" icon. And think of the "Save" icons that still use a floppy disk image.

Apple already got rid of the CD image on iTunes and changed to a more generic musical note. I wonder what else will have to change to be meaningful to people in the future?

I believe it was for illustrative purposes for all the people who swear that there are no similarities. As asked already, why aren't the other OEMs doing what Samsung is doing? Surely, that indicates that you can differentiate when it comes to presentation right?
 

Very interesting blog. Jonathan is quite the lucid industry observer now that he's not CEO of Sun. This part stands out :

Having watched this movie play out many times, suing a competitor typically makes them more relevant, not less.

So did Apple just make Samsung more relevant ? The iPad would probably have destroyed the Tab 10.1 in the market and while the Galaxy line of phones is successful, but it's nowhere near the iPhone in terms of unit sales. Did Apple just help Samsung push out a few more units ?

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AFAIK, Apple has never complained about the connector or power block, so not sure why they're being made into a big discussion point.

Because it's fashionable to call Samsung a copycat instead of looking at the real facts in the cases.
 
Steve talking about copying and stealing ideas. It's only 40 seconds long.

If ever there was a quotation that has been as thoroughly misued, and misunderstood, by the tech community - it would be this one.

(I will note that, although attributed by Steve Jobs to Pablo Picasso, there is no actual record of Picasso ever having said it. But thats another story.)

Picasso was, unquestionably, one of the greatest artists of the twentieth century. And throughout his artistic career he was unquestionably influenced by the work of other artists - both living and dead. The techniques he used, the interplay of perspective, symbols, light, shadow, shading, and brushwork can be found rooted in the works of every one from Edvard Munch and Toulouse-Lautrec to unnamed African carvers.

And yet (and this is the important point) - there is not a single one of Picasso's works that looks in any way similar to, or derivative of, another artist's painting or sculpture. Picasso's work, from the Blue Period to his later Neo-Expressionism is instantly identifiable as being uniquely a Picasso.

Please stop using the Steve Jobs interview quote as a justification for Samsung's theft and copying. It doesn't impress anyone, and it just makes you look uncultured at best. Foolish at worst.
 
I'm not, I stated the same in my post. I'm condemning Florian as a whole. He's anti-OSS and has been very vocal about Android's "IP problems" from the start. He's also been proven wrong at so many turns as to put into question his credibility.

Basically, get another source. The Dusseldorf decision is what it is, we all know it. But to claim it holds any significance above the Dutch decision is ludicrous. Seeing how the Dutch decision is broader in scope though puts Apple in the losing side of all these litigations for now, even though they are 1 to 1 in the case of the Community Design registration.

Sorry, I have to disagree with you.


As for Android having IP problem's? Who knew?

Oracle surely did and Motorola was happy to let Google know.

So, what exactly gives a company the right to enter a business in which that company has to use IP from other companies or entities without compensation? Is that basic OSS philosophy?
 
Sorry, I have to disagree with you.

About what ? That Florian is anti-OSS or biased ? Some reading material then :

http://techrights.org/wiki/index.php/Florian_Müller

As for Android having IP problem's? Who knew?

Oracle surely did and Motorola was happy to let Google know.

They may be less so now that their lawsuit is crumbling like a stack of burnt toast.

So, what exactly gives a company the right to enter a business in which that company has to use IP from other companies or entities without compensation? Is that basic OSS philosophy?

Which IP are we talking about ? The "rounded corners" rectangle Apple is pretending to have the exclusive rights to ? The one the Dutch court said wouldn't hold up in court but that Dusseldorf just said "Samsung could've designed it differently" without commenting on the validity of said design ?

Because right now, Samsung has been found non-infringing against more claims that they have been found infringing against. And of the 2 infringment claims that have been "upheld" (the Dusseldorf decision is not a ruling about infringment per se, just about an injunction for a possible infringment), 1 is fixed, the other is contradictory with the Dutch decision.

Hardly the "blatant copying" you make it sound to be. The reality is much more grey than the black and white you paint it as or that Florian likes to display in his hurry to bash Google and any other FOSS projects.
 
About what ? That Florian is anti-OSS or biased ? Some reading material then :

http://techrights.org/wiki/index.php/Florian_Müller

It's always awesome when people try to out bias, by linking to a biased site...:rolleyes:

They may be less so now that their lawsuit is crumbling like a stack of burnt toast.

What are you even talking about? The case has gone nowhere and no one side has any advantage or disadvantage. Seriously, stop spreading crap with no substantiation.
 
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Apple already got rid of the CD image on iTunes and changed to a more generic musical note. I wonder what else will have to change to be meaningful to people in the future?

Might have to get rid of "letters." Or at least "words."
 
Hardly the "blatant copying" you make it sound to be. The reality is much more grey than the black and white you paint it as or that Florian likes to display in his hurry to bash Google and any other FOSS projects.

So, what exactly gives a company (Google) the right to enter a business in which that company has to use IP from other companies or entities without compensation? Is that basic OSS philosophy?
 
Which IP are we talking about ? The "rounded corners" rectangle Apple is pretending to have the exclusive rights to ?

FUD. You know Apple has made no such claim.

The one the Dutch court said wouldn't hold up in court but that Dusseldorf just said "Samsung could've designed it differently" without commenting on the validity of said design ?

The German court did comment on the validity of the design. It was posted in the thread. You ignore it because you don't agree with source of the translation.

Because right now, Samsung has been found non-infringing against more claims that they have been found infringing against. And of the 2 infringment claims that have been "upheld" (the Dusseldorf decision is not a ruling about infringment per se, just about an injunction for a possible infringment), 1 is fixed, the other is contradictory with the Dutch decision.

No, all we've seen so far is rulings for preliminary injunctions and one patent thrown out.
 
So, what exactly gives a company (Google) the right to enter a business in which that company has to use IP from other companies or entities without compensation? Is that basic OSS philosophy?

So what about all the IP Apple infringes on and is in court for without compensating the IP holders for it ? :rolleyes:

Double standards much ?

The fact is, no one can really know what IP is held by who or how valid or applicable said IP actually is. Again, the Dutch said the same Community Design registration was not enforceable and found the Tab 10.1 non-infringing on it. The Germans thought differently. Kinda shows the whole subjectiveness of it. Now you say you want Samsung to just compensate Apple for this ?

The plain fact is, nothing is so black and white as your loaded question suggests in the IP world, hence these lawsuits and hence why we as consumers shouldn't pick sides in all of this. Let the courts sort it out and just hope that it doesn't drive prices up too much for us.
 
I'ts just as likely that the Court in Dusseldorf ruled correctly, but of course, that would effect your spin, wouldn't it.

"In particular, the design of the front is not merely dictated by technical needs. Defendants and the Dutch court, the Rechtbank 's-Gravenhage (in its Dutch proceeding concerning the Galaxy Tab 10.1), correctly point out that a "glass-like" touch panel covering the entire front side appears to be a logical choice [reference to German translation of Dutch decision]. This is also holds true for the rounded corners. Contrary to the Dutch court, this Court also considers the omission of frills and the minimization of elements to be a design achievement, since such minimization is not called for by technical reasons. A broader, easy-to-grip edge of the case -- possibly also on the shorter sides or on only one side --, a lower-lying display as frequently seen on conventional PC screens, an inner frame with edges of different breadth (as far as one elects to take this element into consideration, as this Court does) or a stronger rounding of the concerns are examples of changes to the front side that need not be technically disadvantageous.

The possibilities of a design of the edge of the device that differs from the asserted Community design but equally fulfills its technical function is shown by the competing tablet PCs presented by Plaintiff (Exhibit ASt18). For example, Toshiba's Folio 100 tablet PC has an inner display frame, a surrounding case frame and additionally a surrounding silver ornamental molding, which might reduce the susceptibility of the device to impact. Acer's Iconia Tab sports a surrounding case frame that is somewhat broader on the longer sides than on the shorter sides, while the inner display frame is, conversely, somewhat thinner on the longer sides than on the shorter sides. Creative's Zii0 has a case frame that is thin on the shorter sides and the upper long side but broader on the lower long side. The display of the Archos 101 has a surrounding frame, which in turn is inserted into the case in a way that creates a kind of gripping area on the shorter sides, preventing that useres frequently touch the display and leave fingerprints. Finally, Asus's Eee Pad has a case frame that surrounds the display only with a thin edge on the longer sides while it is broader and comes with a serrated surface on the broader sides, creating an impression of being easy to grip as well as an interesting optical effect. All those designs show alternative solutions that are distinct from the minimalistic style of the asserted Community design that are technically on an equal foting -- or may even be advantageous -- and provide more than merely redundant frills.

Any other conclusions would in this Court's view ignore that there is not only one solution that meets the technical requirements. Instead, it is possible within the framework of different technical requirements concerning stability, material, production costs, manufacturing considerations, weight, easiness to grip etc. to come up with alternative designs. The Court cannot find in the Regulation any rule according to which minimalistic solutions should be unprotectable. On the contrary, the purpose of the Regulation is to protect every design accomplishment related to the creation of a product design that distinguishes itself vom prior art in a manner that is relevant to the market.

Especially the combination of a minimalistically-designed front with a flat surface and a case that avoid sharp corners and edges as well as protruding or ornamental elements constitutes a design achievement a nd is -- as shown -- more than merely a technically required design. It characterizes the asserted Community design in a particular way.

http://fosspatents.blogspot.com/2011/09/translation-of-dusseldorf-regional.html

Man - thank God we have all you eager FOSS-patents readers. So I basically have some very faulty eyes when I can buy a Galaxy Tab from the German Amazon webpage.

Check here

Thanks.
 
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Steve Jobs's attempt to "defuse" patent dispute:

Steve: Hey there. It's Steve Jobs.
Sam CEO: Hi.
Steve: You know, we see that you're making a black rectangular-shaped object one can talk into that can facilitate the mobile communication between two parties. We already make this dark-colored rectangular object. We would like for you to abandon all plans you have to manufacture and market your product and remove all remotely similar products from all your supply chains. If you don't, as the largest, most well-funded corporation, with the meanest lawyers, on the face of this planet, we will crush you and your children. You don't piss off Steve Jobs! What say you?
Sam CEO: who is this?
Steve: Prepare for mass litigational destruction!
 
FUD. You know Apple has made no such claim.



The German court did comment on the validity of the design. It was posted in the thread. You ignore it because you don't agree with source of the translation.



No, all we've seen so far is rulings for preliminary injunctions and one patent thrown out.

Oh yes - they did claim specifically a rectangle shape, rounded corners, a glass cover and a black bezel. That's what their community design registration is about.

Just as they registered nearly every possible button layout for phones. Go read it up before calling it FUD.
 
In the photos it's obvious there's an even more egregious violation committed by Samsung.

If one looks closely you can see that they are using the same _exact_ shade of the color black for their phones.

Don't they realize it's Apple's innovation that created that shade of black ?

How dare they?



Samsung... what a bunch of rats.
 
Again, the Dutch said the same Community Design registration was not enforceable and found the Tab 10.1 non-infringing on it.

Again, no, they didn't. The offered an opinion that it was too minimalist. They ruled that it did not qualify for a preliminary injunction. The actual court case is a year or so away.

The non-infringement ruling on the Tab 10.1 was in reference to the photo swiping patent, not the community design.
 
Amazon doesn't appear to have made this same mistake. Although, if Apple manages to lay claim to rectangular shape with rounded corners, all tablets will have a hard time, it's kind of hard to do anything else.

And Apple will be applying for a patent on mobile electronics made in black and in white. Just to make sure nobody infringes in their innovation.
 
Oh yes - they did claim specifically a rectangle shape, rounded corners, a glass cover and a black bezel. That's what their community design registration is about.

Just as they registered nearly every possible button layout for phones. Go read it up before calling it FUD.

Which is different than what KnightWRX claimed, although it's still not a complete description of Apple's actual claim. Apple did not claim to have exclusive rights to a "'rounded corners' rectangle".
 
Very interesting blog. Jonathan is quite the lucid industry observer now that he's not CEO of Sun. This part stands out :



So did Apple just make Samsung more relevant ? The iPad would probably have destroyed the Tab 10.1 in the market and while the Galaxy line of phones is successful, but it's nowhere near the iPhone in terms of unit sales. Did Apple just help Samsung push out a few more units ?

----------



Because it's fashionable to call Samsung a copycat instead of looking at the real facts in the cases.

Read another fun fact the other day (actually a few weeks ago). Apparently, theres a quite strong correlation between "getting sued" and "being innovative". Or so research would have us believe.

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edit: honestly? down-voted for citing research? god i need to get out of this place. if only i could stop trolling myself...
 
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Samsung... what a bunch of rats.

Yeah. seriously. The germans are right, the Dutch wrong. Apple is totally in the right to own the rectangle with rounded corners :

Ipad%2BTablet%2B1.jpg


http://es.scribd.com/doc/61944044/Community-Design-000181607-0001
 
Read another fun fact the other day (actually a few weeks ago). Apparently, theres a quite strong correlation between "getting sued" and "being innovative". Or so research would have us believe.

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edit: honestly? down-voted for citing research? god i need to get out of this place. if only i could stop trolling myself...

There's no correlation between getting voted down on macrumors and life. Here look, I'll vote myself down.
 
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