Watch what happens if the Surface or Windows Phone becomes super popular, they'll attempt to find a loophole to pull the cross licensing on the Surface and the Windows Phones ( tho I don't think they have any for Windows Phone, its VERY different ), then sue Microsoft and say they invented everything on the Surface/Windows Phone.
" Its a rectangle with a touch screen! THEY STOLE IT! "
Apple has 0 interest in actually competing by making products. We already see what a pile of fail the iPhone 5 will be.
What happened to the company that made phones I wanted to buy?
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So, other than looking like a rectangle.
They run different OS's, use different hardware, have a different amount of buttons, are different sizes, use different apps, and aren't even made of the same material?
Yes, copying!