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iPod Shuffle Lookalike Hits CeBIT

An anonymous reader writes "It shouldn't be long before Apple's legal team goes after this one. LuxPro out of Taiwan introduced the Super Shuffle at CeBit, a look-a-like portable that is identical to the iPod Shuffle right down to the sihouette ads, but with the addition of an FM tuner and voice recording."

37 of 554 comments (clear)

  1. What law has been violated? by sultanoslack · · Score: 2, Insightful

    I don't think there are any trademarks that have been hit and other than that they just kind of look the same and have similar functionality.

    As far as I can see this really isn't all that different from walking into the grocery store and finding the generic products that do about the same thing next to the name brand ones.

    1. Re:What law has been violated? by Patik · · Score: 3, Insightful
      other than that they just kind of look the same
      Kind of ?? There are more similarities between these two players than between successive generations of non-mini iPods. If they put it in a similar box a lot of people won't notice the difference. It's practically a twin.
      walking into the grocery store and finding the generic products that do about the same thing next to the name brand ones.
      For many of those products, namely medicines, the original creator has a patent that lasts many years before generics can be produced by other companies.
    2. Re:What law has been violated? by Tim+C · · Score: 4, Insightful

      Well, I don't know about the US, but here in the UK designs can be legally protected, so this could well be infringing under that law. Also, by calling it the "Super Shuffle" they're almost certainly going to fall foul of trademark law under a "confusingly similar" clause (Apple *has* tmed the name "Shuffle", right?)

    3. Re:What law has been violated? by sultanoslack · · Score: 1, Insightful

      And you sir do not understand copyright law at all.

      This is nothing like the Pear PC.

      If the CherryOS guys decided to make a product from scratch that looked a lot like the Pear PC they would have been in the clear. If they'd decided to call it, let's say, another fruit as a reference to the other trademarked things it's related to, they'd be in the clear (oh, wait -- they did that one).

      It's when they actually copied the source code that they had a problem. Unless there's been some foul play in rooting out the design plans from Apple, which noone has suggested.

      It's called reverse engineering. And it's perfectly legal. (Well, aside from some possible quirks with DMCA interpretation.) It has nothing to do with copyright infringement.

      The only way that this could have issues is with a patent or trademark issue. And I'm not aware of any relevant patents and it seems that Apple does not have a registered mark for the term shuffle.

    4. Re:What law has been violated? by Anonymous Coward · · Score: 1, Insightful

      I'm sure Coca-cola would agree with this sentiment. I mean cola drinks have been around forever, who cares about the package it comes in.

    5. Re:What law has been violated? by Have+Blue · · Score: 4, Insightful

      No, it means that someone has taken the design that Apple put effort into developing and duplicated it at no cost to them. This is how they were able to shove in an FM radio and record feature without increasing the price. And this is why Apple's design is protected by law, because that's not a fair business practice and it should not be done.

      Just think of it as a GPL violation. We all get up in arms about that, right?

    6. Re:What law has been violated? by sultanoslack · · Score: 2, Insightful
      Just think of it as a GPL violation. We all get up in arms about that, right?


      No, no, no. I'm doing terrible things to my karma here, but people just don't seem to get this.

      This is much more like software patents, where we get frustrated with the fact that we're not allowed to copy what somebody already invented. Generally speaking copying is allowed.

      Have you ever been to the grocery store? Or maybe the electronics store? Or heck, Radio Shack. Basically every product at Radio Shack ("Realistic" was their store brand) rolls off the same commodity production line as some other name brand item.

      There's a big difference between copying a copyrighted work and copying an idea or a design. Every time we complain about patents it's because we're offended by the fact that it's possible to claim exclusive rights on an idea -- not a specific implementation.

      Trademark is yet another issue and the one where it looks like there are some issues here. Of course, a registered mark hasn't yet been granted (I checked earlier today). If that mark goes through this company will have a problem; but of course it's perfectly valid for them to contest that it's a generic term used for players and whatnot.
    7. Re:What law has been violated? by KarmaMB84 · · Score: 2, Insightful

      The term shuffle has been use for far too long in relation to music players for Apple to take the use of the word shuffle for itself. They can have "iPod Shuffle" if they want. Otherwise would they go after everyone whose hardware has a shuffle feature and calls it "shuffle"?

  2. Innovation by thewiz · · Score: 2, Insightful

    Are businesses REALLY interested in innovation or just being copycats? I foresee a lawsuit coming out of this blatant duplication of the shuffle.

    --
    If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
  3. Re:Confusing by c0l0 · · Score: 2, Insightful

    "Let's create a better product at a lower price, but without hordes of millions of fanboys blindly buying it at once..." comes to my mind immediately. ;)

    --
    :%s/Open Source/Free Software/g

    YTARY!
  4. good stuff gets copied. by danimrich · · Score: 3, Insightful

    Only good products get copied over and over.

    --
    where's all that Karma?
  5. Re:The best part by johnpaul191 · · Score: 2, Insightful

    look like? it is a 99.9% clone. it would be like Chevy cloning a Ford Mustang but using a different layout on the dashboard.

    Apple always has legal protection on the physical design of their products as well as the rest of it. they went after those people that came close to ripping off the old CRT iMac look and stopped them. this is a blatant rip-off of Apple's design. even if you hate Apple, you have to see that.

  6. *Yawn* by PeeAitchPee · · Score: 1, Insightful

    I doubt it has tight integration with iTunes, which is a major selling point of the various iPods.

    1. Re:*Yawn* by displaced80 · · Score: 4, Insightful

      Oddly enough, on the Mac, it probably will do (at least, with iTunes itself, not the Store).

      iTunes Mac has just worked with every single MP3 player I've ever plugged into my Mac. Creative Zen thingies all the way down to little no-name USB players. iTunes grants Mac-using owners of these devices almost every bit of functionality that they'd get with an iPod.

      However, iTunes on the Windows side works only with the iPod.

      --
      What's the frequency, Kenneth?
  7. Without iTunes it's half the product! by Trurl's+Machine · · Score: 2, Insightful

    The only justification for lack of LCD is that you use iTunes to operate your iPod Shuffle. If you don't use iTunes smart playlists and iTunes autofill option, iPod Shuffle is actually quite worthless. It has no LCD because some elements of its UI are incorporated into iTunes. "Fake Shuffle" has no LCD either, but you have no software to make it out for you.

  8. Get over it by Zilch · · Score: 3, Insightful

    Yes, it's a bit on the cheeky side, but get over it.

    - Apple wasn't the first company to make an MP3 player
    - Apple wasn't the first company to make an MP3 player that did suffle
    - Apple wasn't the first company to make an MP3 player without a display
    - Apple wasn't the first company to make an MP3 player that plugged into a USB port
    - Apple wasn't the first company to make something shaped like a USB key/stick/dongle

    Apple is primarily a marketing machine.

    Zilch.

    1. Re:Get over it by Anonymous Coward · · Score: 1, Insightful

      Apple is primarily a marketing machine.

      Shii-it... you'd better go tell that to all those organizations that keep awarding Apple design accolades.

      Go! Yell it from the rooftops! Make up sandwich-boards! You're all being fooled! Apple couldn't design their way out of a paper bag! It's all JUST MARKETING!

      Hehe. I dunno who's more amusing. The Apple zealots or the irrational haters.

    2. Re:Get over it by zpok · · Score: 3, Insightful

      "Apple is primarily a marketing machine."

      Yes indeed, just like Sony, Philips, Renault, Toyota and most other high quality makers of commodity goods.

      Marketing means finding out what people want, finding out what people need and then making it and getting it sold. Sounds simple, no? It isn't. One of the reasons is that people mostly forget about the what people need part or the getting it sold part.

      And anyway, the making it part isn't simple either, since you have to combine design and engineering with marketing. Look at all the high quality unusable products out there or the good looking crap and you see what I mean.

      Another thing: people confuse advertising with marketing... Good marketing deserves good advertising, but good advertising doesn't sell crappie products, at least not too many times at the same people.

      For companies like Apple and Philips (one of the inventors of good marketing) saying they're primarily marketing companies is high praise indeed

      --
      I think, therefore I am...I think.
    3. Re:Get over it by FeTrut · · Score: 2, Insightful

      - when you dock it (to a PC, dunno about a Mac), it loses track of what song was playing, and de facto the position in that song.

      I don't tend to dock it more than once a day, usually at night when i get home if it needs charging or if i need to put new music on it. In either case by morning when i want to use it again i would have a) forgotten when i was listening to the day before, b) be in a different mood and have something different in mind to play or c) have put something new on the night before and want to listen to that instead

      - while it's docked it can't play without firing up iTunes.

      Not sure i understand why you'd want to do this, as iTunes is a more functional interface to play music anyways(besides which all the music that's on my ipod is also on my harddrive, plus more that doesn't fit on the iPod

      - when you want to take it from the dock you have to stop it from your PC first, or it hangs.

      Isn't this standard operating procedure for any peripheral device? I know in windows when you hook up a USB device you get that little thingie in the system tray that allows you to "safely remove hardware". I've always used that just by habit, i believe it is good practice, i may be wrong(i primarily use OS X, where it *is* good practice to "eject" devices before disconnecting them physically)

      - cannot put it into your pocket/purse/whatever without protection in the form of a sleeve/iSkin/whatever.

      It does come with the sleeve, which i lost awhile back. I don't use anything anymore, don't see any problem with that other than it might get a bit scratched up...personally i don't give a crap, but i will agree that it is more prone to scratches than your average device.

      - when in the pocket/purse/whatever you need to put it on hold to guard against accidental operation.

      Very true. I've had this problem with almost every portable music player i've owned since tape players went out of style. Not sure if the alternatives to the ipod have solved this or not?

      - when it's on hold, you cannot control it. The remote control is only marginally useable, since functions to navigate artist/albums/playlists are simply not available.

      The remote is satisfactorily useable for my purposes. If i wanted to browse with it it would have to have a screen, which is bound to be too small to actually see all the relevant information without waiting for it to scroll by. I'd rather just reach into my bag/pocket and browse with the kick ass scroll wheel. Quicker and much more functional than any reasonably sized remote could hope to be. Thus, it does exactly what i'd want, pause/play, next/previous track, volume.

      - when a playlist is done, pressing play again starts playing the whole contents, not just the playlist.

      Your most valid complaint yet. I totally agree and get annoyed with this oversight on a daily basis.

      In short, daily using your iPod makes you walk through all sorts of compulsary behaviour just to make it tolerable. 1. Get iPod out of sleeve. 2. Unslide hold switch. Press play. 3. Slide hold switch. Put in earphones and listen. 4. Battery runs down. Before it's fully down, look at the display to remember what track was playing and the position in the track.

      Steps 1-2 are about 5-10 seconds max of barely tolerable hoops to jump through. Step 2.5(conveniently omitted) is 5-10 hours of music playback before step 4(battery runs down), is this part barely tolerable as well? How about browsing for artist/album/playlist? Barely tolerable compared to other players out there? Personally i'd say the bulk of time spent using is above and beyond anything else that's available in terms of user experience, but that's just me. I think the 80/20 rule applies here. You're pissed(and overl

  9. Re:Confusing by Seehund · · Score: 1, Insightful

    Exactly. (Unfortunately this was posted in the "Apple" section for some reason, so you got modded down.)

    But after adding an FM-tuner and recording capabilities, all that was missing to make the iPod Shuffle useful (and at least on par with any cheap no-name Korean player) was a display, and they forgot to add it! The fanboys won't buy this anyway, so LuxPro might as well have made a good product for people who want an MP3 player more than they want a a cute piece of plastic with a particular trademark.

    What on earth were they thinking?

    --
    Help savingAmigaOS and a free PowerPC market
  10. Re:Why no AM radio? by Detritus · · Score: 4, Insightful

    A decent AM radio antenna (ferrite rod) would be way too large to fit in the case.

    --
    Mea navis aericumbens anguillis abundat
  11. About LUXPRO by Detritus · · Score: 2, Insightful
    LUXPRO CORPORATION is recognized by a technological group. They work in researching, designing, and innovation products for over 30 years. LUXPRO always insists to provide you comfortable customer services and high quality products to match your requirements.

    We will keep going to be a designing leader. Our products are always so useful to meet what you need. Our mission is to improve your living quality and to create your life value. If you can imagine it, LUXPRO CORPORATION can make it.

    No matter how old you are, what you do, or where you live, chances are a LUXPRO CORPORATION product touches your life.

    All your base are belong to us.
    -- Apple Lawyer

    --
    Mea navis aericumbens anguillis abundat
  12. Re:Some changes to take care of it. by bwy · · Score: 2, Insightful

    # 1. Make it black
    # 2. Make the circular control area square.
    # 3. Make it narrower


    I guess what you aren't realizing is that it isn't a mere coincidence that this thing looks just like the iPod Shuffle. If they make the changes you suggested, they've failed in their goal of getting sales by confusing consumers into buying their product.

    Many non-tech users (a big slice of the Shuffle's market) may not notice the difference in the store, especially since these guys ripped of the advertising.

  13. Re:No Apple FM.. by wazzzup · · Score: 2, Insightful

    Because Clear Channel owns all of the radio stations and Clear Channel playlists suck ergo all radio sucks.

    I'm only half joking though. Where I live, there is no radio worth listening to (musically) unless your into corporate music (ClearChannel). Personally, a radio on my iPod would go unused.

  14. Re:Designs by cupiditas · · Score: 2, Insightful

    My OPINION, however, is that Apple deserve to get screwed over because this new device looks as good and has better functionality than the Shuffle. Plus it is refreshing to see that you don't have to have the Godly powers of Steve Jobs in your fingertips to produce the same hardware at the same (or lower, presumably) price.

    I guess I would want to withhold judgment about its functionality. The fact that it looks exactly like the iPod Shuffle doesn't mean that it will work in precisely the same way. For instance, three rapid clicks of the play/pause button on the Shuffle returns you to the beginning of your playlist: will the rip-off work the same way? Also, what sort of battery life will it have? Sound quality? Will the FM receiver really work? We don't know any of these things. In terms of real functionality, this may bear as much resemblance to the iPod Shuffle as those ten-buck "Rolexes" you can buy in Times Square have to the real thing.

    As for lawsuits: when I first saw the LuxPro design and ads, I figured that they were going to sell the thing only in countries where they are safe from lawsuits. Surely they won't try to sell them in the U.S., U.K., Australia, or N.Z.?

  15. Trademark and trade dress by phillymjs · · Score: 4, Insightful

    By producing a nearly identical product to Apple's and giving it a nearly identical name, Luxpro is clearly trying to make consumers believe they are buying an Apple product. I mean, it's so blatant they're even ripping off the advertising.

    Apple can, and will, go after them for trademark issues because of the product's name, and trade dress issues because of the appearance of the device.

    If you're not familiar with it, trade dress is when two products "kind of look the same" enough (in the eyes of a court of law) that consumers could be fooled into thinking cheap knockoff B is actually name-brand product A. Trade dress infringement claims are how Apple killed off those cheesy all-in-one PCs with a blue and white/translucent color scheme that quickly appeared after the original iMac was released.

    ~Philly

  16. Trade Dress is protected under the law by thefinite · · Score: 2, Insightful
    IAALS (Law Student). The trade dress of the iPod Shuffle is probably protected under the law. The shuffle doesn't have to look the way it does to work and Apple clearly has established the look as coming exclusively from Apple.

    The name Shuffle is clearly protected under Trademark law, since Apple has it trademarked.

    LuxPro is screwed.

    --
    Boom Shanka
  17. Re:Booth Pic by Maserati · · Score: 2, Insightful

    An "OEM" iPod Shuffle, that's one thing. But ripping off the design aesthetics from the iPod advertising campaign is just stupid. Put the two together and they're in serious legal trouble. Anyone who's red-green colorblind won't be able to tell the two campaigns apart. And I think that's the same font - hard to tell in the photo.

    If imitation is the sincerest form of flattery then these guys are begging to have Steve Jobs' love child.

    --
    Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  18. identical... by Anita+Coney · · Score: 1, Insightful

    Except it has more features, doesn't require a proprietary program to use it, and costs less.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:identical... by FeloniousPunk · · Score: 2, Insightful

      How very insightful. Of course it costs less. Luxpro didn't have to sink loads of money into design and advertising, as Apple did, instead they just used Apple's designs and even advertisements free of charge.

      --
      I know this because Tyler knows this.
  19. Re:Confusing by Alan+Partridge · · Score: 2, Insightful

    "Let's copy a famous product that is expensively marketed worldwide and make some easy money from chumps"

    --
    That was classic intercourse!
  20. Re:Wrong by Leo+McGarry · · Score: 2, Insightful

    Ever hear of the Apple Airport aka the Lucent RG1000?

    It's been a couple of years now since Apple used that card's guts as the basis of their AirPort card.

    Also last time I checked Apple wasn't the manufacturer of any of their display products.

    Apple doesn't make the LCDs themselves. They do manufacture the displays themselves.

    So yes their are OEM versions of Apples products that wind up in the open market.

    You have that completely backwards. Apple has, in the past, bought OEM versions of other products and used them as the basis for their products. But Apple does not offer OEM versions of its own products.

  21. Re:Hmmm... by Skuld-Chan · · Score: 2, Insightful

    If you look at any ipod actually there all made in Taiwan - I highly doubt its an Apple manufacturing concern in Formosa however. It wouldn't be too hard for some company to take the blueprints from their assembly line and start making their own ipods.

  22. Re:No Apple FM.. by Leo+McGarry · · Score: 4, Insightful

    It has to do with perceived value.

    To keep the numbers simple and because I'm too lazy to look them up right now, let's say there are 10 million iPod owners. (I think that's pretty close.) Let's say that Apple has telephone numbers for half of them, because they bought their iPods from an Apple retail store on the online Apple store.

    Apple picks a thousand of them and calls them up and asks them how they're enjoying their iPods. They follow up with a series of questions, one of which is, "Do you wish your iPod had a radio in it?" They note the answers. People who take the time to respond get a $10 gift certificate or something.

    They go back and collate the answers, and discover that out of their statistically valid sample of 1,000 users, only 20 said that they wanted a radio in an iPod. That's only 2%, compared to the 85% who said they'd like their iPod to have a longer battery life or hold more songs or be cheaper. So when Apple makes their list of priorities, battery life, size and cost are up top and adding a radio is way, WAY down on the list.

    But let's ignore that for a second. Let's assume, just for the sake of argument, that Apple has the opportunity to add a radio for zero cost and zero time. Let's say somebody waves a magic "radio" wand and there it is.

    What do we know? We know that only 2% of iPod customers, on average, are interested in getting a radio, but that 85% of their customers wish the product were cheaper. What does that mean?

    That means that a whole bunch of people are going to look at the new radio-equipped, same-priced iPod and think, "I don't want a stupid radio, but Apple's making me buy one! How much cheaper could this thing be if it didn't have the stupid radio in it?"

    Even though, in our contrived example, the answer is "zero dollars cheaper," the damage has been done. The customers perceive that they're paying for something they don't want.

    A device like an iPod, especially a cheap iPod, needs to be as stripped down as possible to give the customer the impression that he's getting pure value for his money. All it does is play prerecorded music, so every dollar you spend on it is going toward prerecorded music playback. You're not paying for a radio you'll never use.

    And of course, because the market for a radio-equipped iPod is so small, the idea of manufacturing one version with a radio and one without is just absurd. They'd never sell enough of the radio-equipped iPods to cover the cost of designing, building, shipping, marketing and selling another model of iPod.

    That's why Apple doesn't include a radio.

  23. Re:Trade secrets by Heisenbug · · Score: 1, Insightful

    ...

    If you signed an NDA with them, and then discuss stuff covered by the NDA, I'm gonna go with 'yes.'

    Just a thought.

  24. That's what you get, Apple... by Civil_Disobedient · · Score: 1, Insightful

    When you don't listen to your customers, they'll find someone who will. Serves them right.

  25. Re:Designs by Anonymous Coward · · Score: 2, Insightful

    That's an important point. Companies like Dell only have to pass along the R&D costs of manufacturers making faster motherboards, hard drives, etc., while Apple does all those things PLUS has to cover the R&D costs of product design. Not to mention they also are the fastest computer company to shed legacy technology, and there's an associated cost with that.

    It's the same reason that Paxil is hundreds of dollars, while a generic alternative might be $30. The drug company paid a team of employees for years of research before they sold one pill. Apple has to cover the same costs.