
Samsung ordered to show its new prototypes to Apple - evo_9
http://www.appleinsider.com/articles/11/05/24/samsung_ordered_to_show_its_new_prototypes_to_apple.html
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rbanffy
From the picture in the article, the 4x4 with a bottom 4x1 fixed row is
clearly a rip off. OTOH, the other devices are quite obvious. I remember
seeing a keyboard with a connector on top like the one to the right for my
Palm (not the WebOS one, the ancient Palm Professional)

And, quite frankly, I would really prefer a vanilla Android interface to this.

~~~
mirkules
"From the picture in the article, the 4x4 with a bottom 4x1 fixed row is
clearly a rip of"

Didn't we do this dance over two decades ago? Wasn't it decided back then that
you can't patent look-and-feel? I don't really understand how this is
different.

~~~
danudey
I think the real issue is that it's possible, at a glance, to confuse the
Samsung phone with the iPhone; the home screen is very similar, the form
factor is very similar, the icon colours are very similar, etc.

Given that no other handset manufacturer (other than iPhone knockoffs) makes a
phone that looks so close to an iPhone in pretty much every way, it seems
obvious that Samsung is trying to replicate the design. The article also
mentions that packaging is part of the suit, which could be another problem
for Samsung if it's true.

~~~
chopsueyar
How is it obvious they are trying to replicate the design? I am sure you have
seen many designs inspired by other designs (websites, cars, buildings,
movies).

Perhaps other handset manufactures (besides Samsung) do not have the
fabricating expertise to create a thin phone with rounded edges profitably?

Even at a glance, if both phones are next to another, you couldn't figure out
which one was the iPhone, especially with an Apple logo and the word 'iPhone'
on the back?

~~~
Locke1689
If literally the only thing distinguishing your product from one of the most
identifiable brands in the world is a subtly changed brand logo, you have a
legal problem.

~~~
chopsueyar
There are many things distinguishing this product from Apple's.

The entire user experience of the device is different.

Does it require iTunes? Does it run iOS? Can you buy Apple iOS apps for it, or
music from the iTunes store.

PS

I saw you like bluegrass. Check them out: <http://bcbcsb.com/>

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trotsky
_"the products use icons similar to those used by Apple," according to the
report._

Can you patent icons? Aren't US software patents business process patents?
I've read some number of software patents and can't remember a single one
patenting things like a 4x4 grid of icons or colorful square pictures with
rounded corners. Didn't Lotus v. Borland set precedent for a lack of look and
feel copyright? [1]

Said another way, WTF?

[1]
[https://secure.wikimedia.org/wikipedia/en/wiki/Lotus_Softwar...](https://secure.wikimedia.org/wikipedia/en/wiki/Lotus_Software#.22Look_and_feel.22_lawsuits)

~~~
atlbeer
This is a suit about trade dress, not copyright or patent infringement

~~~
trotsky
Really? So the article has it wrong or am I misreading it?

 _Samsung has been ordered by San Jose Federal Court judge Lucy Koh to provide
Apple with samples of its unreleased tablets and smartphones as part of an
ongoing patent dispute_

EDIT: I see the court house news article cited gets it right, quoting the
court as specifying the look being directly relevant to their trade dress
complaint. Thanks for the heads up.

The concept of trade dress is new to me, wikipedia says: _"Trade dress
protection is intended to protect consumers from packaging or appearance of
products that are designed to imitate other products; to prevent a consumer
from buying one product under the belief that it is another."_

It's hard to believe a court would find consumers are in danger of buying a
galaxy tab believing it was an ipad.

~~~
msbarnett
Is it really that hard to believe? If you're a really plugged in technophile
you'd never make that mistake, but is the average person really that aware of
what a "Galaxy Tab" is, who makes it, and how it differs from one of those
"iPads"?

We already have prominent news services mis-identifying Samsung phones as
iPhones[1], so it's not hard to believe that people even less plugged in are
having a harder time of distinguishing these products.

[1] [http://www.washingtonpost.com/wp-
srv/special/opinions/outloo...](http://www.washingtonpost.com/wp-
srv/special/opinions/outlook/spring-cleaning-2011/smartphones.html)

~~~
trotsky
I do find it hard to believe. At various times, I've found it very difficult
to tell the difference between economy sedans made by Hundai, Toyota and
Honda. Yet I have a very difficult time believing that people purchase one
without knowing the manufacturing brand.

I have experienced one instance of someone using the term iPhone when they
wanted to say smart phone. But after talking for just a minute or two it was
clear they wanted advice on what phone to get be it a Motorola, LG, Apple,
etc. It seems likely that's just due to apple's heavy advertising campaigns.

~~~
SoftwareMaven
I could totally picture my dad walking into Best Buy after playing with my
iPad for a while, see the Samsung and not reload that the button is square,
not round, and pick up the box.

Here is where he would likely be saved by my education ("I'm really happy with
Apple customer service", etc). However, without that, I'm sure he wouldn't
have the overall awareness to know Apple versus Samsung.

So, the question is, does every tech neophyte have an accolyte teaching them?
I firmly believe the answer is no and that people will mistake it.

Also, on the subject of cars, I don't think that is a valid comparison. You,
after all, drive to the Hyundai or Honda dealership, after all. People also
tend to be exponentially more careful with purchases the more expensive they
get.

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seats
This seems to be oddly favorable to apple. Think of the two scenarios.

1- samsung is a complete copycat (likely), and apple has plenty more ammo,
which they would get during normal discovery anyway

2- samsung has some novel features, and apple gets advance access to these

~~~
earl
Please read the article.

"The advanced discovery is limited to "Outside Counsel Eyes Only," meaning
that Apple's engineering staff and in-house legal team will not have access to
the materials. Apple's legal team handling the suit will determine wether to
file for an injunction blocking the devices from being sold."

~~~
seats
Read it just too fast. I actually missed the exclusion, thanks for the
correction.

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dhughes
Isn't there a saying 'You can't excel by being the same as everyone else, you
get ahead by being different than everyone else.'

~~~
georgemcbay
There's another saying that goes "We have always been shameless about stealing
great ideas".

<http://www.youtube.com/watch?v=CW0DUg63lqU>

I guess switching from being the underdog to the new 800 lbs gorilla in a
market changes your views on these things substantially.

~~~
danudey
There's a difference between stealing great ideas (entirely touchscreen driven
internet-enabled smartphone) and stealing great implementations (the hardware
form factor, home screen layout, product packaging, product accessories,
etc.).

