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Old 13th October 2011, 10:18 PM   #226
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Originally Posted by aokman View Post
Meh it was bound to happen, they definitely copied the overall form following the launch of the ipad and the gesture system etc... Yes you cant really come up with many other forms but hey Apple took the gamble first on the design and it paid off.

As already said Samsung would have done the exact same thing if it was the other way around but they never innovate something they will just photocopy it.
Um no.. MS has been R&D in touch long before Apple showed signs of anything.. and you know.. the little thing called academia.
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Old 13th October 2011, 10:23 PM   #227
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then why hasn't MS gone after them for copying it....if they even did come up with it first... As far as i know Apple acquired the technology fair and square in 2005?
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Old 13th October 2011, 11:09 PM   #228
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then why hasn't MS gone after them for copying it....if they even did come up with it first... As far as i know Apple acquired the technology fair and square in 2005?
Because both Microsoft and Apple share a common enemy: Google...And its Android ecosystem.

The whole point is to disrupt Android from establishing a foothold into the market. Both MS and Apple know that once this rival establishes itself in various regions, they will have to face them in the long run.

This isn't about who can create a better product. This about how many obstacles you can shove in your competition's face in order to buy yourself some time so you can entrench (Apple) or establish (Microsoft) your own position in the market. Its a delaying tactic because everyone knows patent cases last for years and years.

Apple and Microsoft can tolerate each other's existence. They've been doing it since the 1980s. To them, Google is the dangerous foe that has to be clamped down before it becomes a real problem to them.

The important thing to note about Apple and Microsoft is that they don't have the balls to gun after Google directly.
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Old 13th October 2011, 11:39 PM   #229
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then why hasn't MS gone after them for copying it....if they even did come up with it first... As far as i know Apple acquired the technology fair and square in 2005?
what "technology" specifically?

They (apple) like may others companies may have genuine patents and specific examples. However a press released saying "look and feel (of a hand held touch computer screen)" just sounds like an embarassing joke.

Outside of pharmaceuticals (and even this is debate as methodology improvements are from uni), the vast majority of real R&D is in public or public-private (in which the public does not forfeit the co-ownership of IP).
I maybe wrong on this, but show me the figures or real R&D (not UI design a.k.a graphic art).
algorithms and software are 100%, by turing definition, trivial derivatives of maths. So good luck showing "significant step" which is not just artistic touch.

Lets think of the most successful high end manufacturing country in the world, Germany, notice they little patents -
http://en.wikipedia.org/wiki/File:2000patent.PNG

Smells like true capitalism where a prioris like "levelling playing field/eqall start/oppurtunity" are actually achieved through regulation and social welfare strictly focused on education...
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Old 13th October 2011, 11:47 PM   #230
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well according to wiki:

Quote:
Various companies expanded upon these inventions in the beginning of the twenty-first century. The company Fingerworks developed various multi-touch technologies between 1999 and 2005, including Touchstream keyboards and the iGesture Pad. Several studies of this technology were published in the early 2000s by Alan Hedge, professor of human factors and ergonomics at Cornell University.[9][10][11] Apple acquired Fingerworks and its multi-touch technology in 2005.Mainstream exposure to multi-touch technology occurred in 2007 when the iPhone gained popularity, with Apple stating they 'invented multi touch' as part of the iPhone announcement,[12] however both the function and the term predate the announcement or patent requests, except for such area of application as capacitive mobile screens, which did not exist before Fingerworks/Apple's technology (Apple filed patents for in 2005-2007 and was awarded with in 2009-2010)
while MS developed the touch surface on 2008

...Anyway i dont know where apple is coming with it but i understand that they are trying to protect their products, they went out on the limb and developed this new platform and it could have failed dismally. While companies like Samsung are happy to walk in and leech the overall design at no risk and profit from it aswell, at the very least they owe something for kick starting the industry. Its interesting they chose Samsung specifically to go after but then again they probably want payback for the shameless copying they have done in the past.

I remember when the launched their new TV's just after copying with the Galaxy phone design, then they started with the iPhone 4 remote controls LOL


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Old 14th October 2011, 1:54 AM   #231
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well according to wiki:
http://andremalan.net/blog/2009/02/0...-is-not-legal/
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Old 14th October 2011, 7:42 AM   #232
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lol all the dates in that blog are wrong... at the end of the day apple patented it and got it and they started by aquiring Fingerworks in 2005 who developed it much earlier.
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Old 14th October 2011, 8:56 AM   #233
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Roflmao.. you are such a genius you don't understand artistic design are not patentable (i.e. icons).
They are only trademarkable, in which case, you have to be pretty fricken specific (i.e. no the woolworths apple logo does not look like a Apple apple).
Or "cola" does not infringe coca cola.

then you say "trade marks" - like what?
Patents? You clearly don't know what the specific patents are, or what they cover, or they are implemented.

It is like coke patenting the traditional curved bottles. Everyone has curved plastic and glass bottles, and the volume and dimensions maybe the same.
Unless they prove every single angle and dimension of the Samsung are identical, it meaningless.
Read the article that I linked before you get upset.
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Old 14th October 2011, 9:00 AM   #234
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the supposedly airy-fairy patents on the look & feel of the device and it's packaging (or something like that...)
There are no such patents referred to in the suit claims.

May I suggest you educate yourself on the suit claims before forming an opinion.
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Old 14th October 2011, 9:02 AM   #235
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According to the article before it's the screen and gesture system.
What specific objectives do you have with said patents? Please reference said patents.
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Old 14th October 2011, 10:07 AM   #236
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There are no such patents referred to in the suit claims.
I am not sure if you are trying to be technical and split hairs between patents and trade dress. I am sure you know exactly what underskore was referring to.

In the Australian case that is not what they are focusing on in the actual legal battle, but you can not deny that it has not been on the table in other countries.

I can see the only way forward as being a patent pool for all mobile manufactuers. It has worked before for a swag of other industries that attempted to use patents to block competition. It can work again.
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Old 14th October 2011, 10:20 AM   #237
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Would you change the trade mark and trade dress systems? That is the root cause of the suits.
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Old 14th October 2011, 10:25 AM   #238
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Would you change the trade mark and trade dress systems? That is the root cause of the suits.
not in Australia it is not. There are two patents which are stopping the galaxy tab from entering the australian market.

My comment regarding patent pooling was a general comment on what is happening in the industry. Microsoft forcing samsung to sell phones with their operating system, Google buying the mobile division of Motorola to secure patents to defend android. Do you not agree that these big companies are using patents to block competition?

EDIT: I think stomk hit it on the head

Quote:
Originally Posted by stmok View Post
Because both Microsoft and Apple share a common enemy: Google...And its Android ecosystem.

The whole point is to disrupt Android from establishing a foothold into the market. Both MS and Apple know that once this rival establishes itself in various regions, they will have to face them in the long run.

This isn't about who can create a better product. This about how many obstacles you can shove in your competition's face in order to buy yourself some time so you can entrench (Apple) or establish (Microsoft) your own position in the market. Its a delaying tactic because everyone knows patent cases last for years and years.

Apple and Microsoft can tolerate each other's existence. They've been doing it since the 1980s. To them, Google is the dangerous foe that has to be clamped down before it becomes a real problem to them.

The important thing to note about Apple and Microsoft is that they don't have the balls to gun after Google directly.

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Old 14th October 2011, 11:09 AM   #239
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Originally Posted by aokman View Post
well according to wiki:



while MS developed the touch surface on 2008

...Anyway i dont know where apple is coming with it but i understand that they are trying to protect their products, they went out on the limb and developed this new platform and it could have failed dismally. While companies like Samsung are happy to walk in and leech the overall design at no risk and profit from it aswell, at the very least they owe something for kick starting the industry. Its interesting they chose Samsung specifically to go after but then again they probably want payback for the shameless copying they have done in the past.

I remember when the launched their new TV's just after copying with the Galaxy phone design, then they started with the iPhone 4 remote controls LOL

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Microsoft Surface wasn't "developed" in 2008, thats when it was launched Surface was in development all the way back to 2001 when the idea was orginally put into development.

While Samsung hasn't been taking huge risks with their android line of phone, Google on the other hand has. They Bought Android Inc back in 2005 and give the software away for free! they spend millions on R&D and basically give away the software to their development partners for nothing.

And while apple has developed alot of UI side of the Iphone the hardware on the other hand has alot of similarties to Sammsung processor/RAM etc infact Apple pay samsung royalties for their a4/a5 chips + Apple are highly dependent on Samsung to manufacture alot of the hardware for the Iphone/Ipad and relestically they can not swap to any other manufacture

Apple seem to like to get all nice and friendly with other companies but should those companies dare to comete with them they send it the patents

It happened to Google and now it's happening to Samsung
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Old 15th October 2011, 2:02 PM   #240
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http://allthingsd.com/20111013/how-d...sungs-lawyers/
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