
Samsung’s lawyers demand to see the iPhone 5 and iPad 3 - acrum
http://thisismynext.com/2011/05/28/samsung-apple-iphone-5-ipad-3/
======
headShrinker
My brother's first reaction when he saw my galaxy S was 'Wow, they don't even
pretend they don't copy Apple anymore.' The phone has an uncanny similar look
to the iPhone 3G. I think Apple had a legitimate case and don't understand all
the Samsung love here. Apple wanting to see samsung's upcoming model to see if
they are again copying, so they can get a jump on the lawsuit? I say 'fair'.
Samsung copied the shit out of that phone design, and much of the OS skin.
Uncanny resemblance. Samsung, wanting to see Apple's upcoming products? "On
what grounds?"

~~~
cookiecaper
I don't think the phones are _that_ similar. Certainly they're not similar
enough to cause confusion for anyone under 40. I have seen the comparison and
the Galaxy, while it obviously took some hints from the iPhone (as did all
subsequent smartphones), has a distinct feel and shape. I know the difference
immediately between and iPhone and a Galaxy.

~~~
danudey
I've seen more than a few people in shops or on transit that were using their
iPhones, and it was only when I tried to see (out of curiosity as an app
developer) what apps they were using that I noticed they were actually Samsung
phones.

As someone who's very tuned in to the tech scene, mobile device trends, and
the like, as well as a big fan of my iPhone (having owned each one since they
came to Canada), the fact that I, from two or three feet away, would
completely mistake a Samsung phone for an iPhone means that there's more than
just a passing similarity.

Beyond that, consumers generally don't understand the differences. They see
two smartphones that look pretty much identical (as far as they know), with
similar packaging, form factor, and icons, the salesman tells them that
they're essentially the same phone, and one of them is cheaper, they might
well pick the Samsung phone over the iPhone, despite their intention being to
buy an iPhone specifically.

Yes, consumers will do this. Apple's concern here, though, may be that people
will be confused by the issue, whether they end up buying Apple's products or
not.

------
ChuckMcM
I love creativity in a lawyer.

------
tikna
Impressed by Samsung's reply. As per my opinion, its completely fair to ask
for. I felt however, this post is bit biased towards apple.

~~~
podperson
True, after all look at all the incredibly original products Samsung has
released that other companies have slavishly copied.

~~~
mikemaccana
Yes, I wouldn't be surprised if:

\- home screen widgets

\- addressbook/social media integration (so I can see the faces that match all
those names)

\- unlock straight to missed calls

and other Android/HTC/Samsung innovations appeared in future versions of the
iPhone.

------
ggoodale
If the final versions aren’t available, Samsung wants “the most current
version of each to be produced instead.”

Given that Apple hasn't announced an iPad 3 or an iPhone 5, what are the odds
they simply ship Samsung's lawyers an iPad 2 and an iPhone 4 and call it good?

~~~
hnsmurf
They look fairly close when viewed head on, but then a lot of phones do. The
EVO or just about any Android handset without a keyboard looks like a slightly
bigger iPhone from the front. They've got a few more buttons, but other than
that it's just a big touchscreen.

Turn any of them sideways though and the iPhone still looks better. This
picture does a good job of showing that:

[http://iphonehelp.in/content/uploads/2010/06/iphone-4-vs-
gal...](http://iphonehelp.in/content/uploads/2010/06/iphone-4-vs-galaxy-s.jpg)

~~~
X-Istence
Compare the front of an iPhone 3G/3GS with the Galaxy S head on. That is an
uncanny resemblance.

------
dhughes
You would think Samsung could sue Apple for making a phone that plays music
the Samsung SGH-M100 was released seven years before the iPhone.

I wanted a Samsung SGH-M100 so bad but there were rumours the battery would
vet hot, swell up and possibly explode.

~~~
yardie
I believe that Ericsson and Nokia own a few patents on ringtones. A phone that
plays music, like an MP3 player may not be all that patentable, but what
counts as a novel idea now is really different than a decade ago.

------
Ruudjah
What a complete nonsense. The industry moves in certain directions, and
everyone is inspired by everyone else. Because there is a thriving legal
industry, they call iit "stealing ideas" and "copying". There is no such thing
as original design, every design is based on previous designs and adds small
new things.

The only group really benefitting are the lawyers and their surrounding
workers. Not our innovating tech industry.

~~~
Steko
Generally most people agree that there is a point at which copying too closely
is literally "too close" legally. Some people dispute this, they are not in
the majority.

Generally people would agree that Apple is entitled to these same protections.

Generally people would agree that every other non-kirf vendor differentiates
their product quite a bit moreso then Samsung has, at least on certain
products.

This does not mean Samsung has crossed the line of going too close. It just
means they are a lot closer to that line then others.

------
maeon3
So Samsung is suing Apple to give them the schematics on their top secret
hardware so that Apple won't sue Samsung later for copying their top secret
hardware?

That's actually pretty funny. A win/win for Samsung.

So Apple will probably refuse, then Samsung has an arrow to fire at Apple if
they claim Samsung copied their hardware.

Some of the lawyers from Samsung have been reading a little too deeply into
sun tzu's art of war and Robert Green's 48 laws of power.

~~~
patrickaljord
Apple did force Samsung to give secret future hardware plan so it would only
be fair for Apple to do the same
<http://www.pcmag.com/article2/0,2817,2385861,00.asp>

~~~
chicagobob
Read the article.

The only items that Apple is asking for is pre-production versions of
previously announced products that have pre-production versions that have
already been distributed to journalists, etc.

Big difference to asking for unannounced and unreleased products.

Samsung's lawyers have some mighty big balls to make that kind of a gamble.
Frankly, I think it has less than no chance of the Judge granting it.

~~~
DaveMebs
Why is it a gamble? Worst case scenario Samsung is told no and they are right
where they are today. It's not like lawyer fees matter in this kind of case.
Both companies make enough money and have enough at stake to not worry about
the cost. This seems like a low risk move with potentially large upsides.
(Obligatory: IANAL)

~~~
megablast
They make themselves look silly/incompetent/time wasters in front of the
judge. Even if you are not a lawyer, you probably realize you should not piss
off a judge.

~~~
Jd
Really? Why? Do judges talk to each other about what companies are time-
wasters and base their judgments on related smalltalk? If not (and I assume
the answer is no, despite my relative lack of legal knowledge), then what has
Samsung or any other company to lose besides a few dollars?

~~~
Steko
Spoilers: it's the same judge.

