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Apple Attempts to Patent Pre-Existing Display Software Idea
Nuclear Elephant writes "Apple appears to be taking ideas from commercial software already being sold and is attempting to patent the
concepts as their own. According to Apple Insider, Apple has recently filed a patent application for a notification screen on the iPhone. The only problem with this is that Intellisync has been using this concept in their popular iPhone notification screen software for over a year now, and it doesn't take a rocket scientist to see that this is a clear rip-off. Apple recently became famous (or infamous) for stealing other people's ideas when they rolled out their Dashboard in Mac OS X, which had many similarities to a desktop widget program named the Konfabulator, which later became Yahoo widgets. The case here isn't a simple hijacking of an idea, however — Apple is applying for a patent on Intelliscreen's concept, which could be detrimental to the original manufacturer of the software, who is actively selling it for Jailbroken iPhones"
The relevant patent seems to be roughly a year old. And the priority date on it is...? Whether or not Intellisync has priority (and, as with all these stories, whether the comparison of the patent to the existing product is even accurate), it seems pretty clear that Apple didn't "steal" the idea.
What I'm listening to now on Pandora...
"OK, fuck it, we're evil. But you don't care because our stuff is sooo good. It works well. So bend over and TAKE IT from our patents. Or we'll make you use a Windows CE phone instead."
Mac users are surprised when things don't work well and smoothly; Windows users are surprised when they do. Microsoft wouldn't have had half the trouble with antitrust and crappy Seinfeld ads if their stuff actually worked.
Same with Google. "Sure, you're worried about our tentacles in your life. But it's not like you're going to use Windows Live Search. Muwaaaaahahaha."
http://rocknerd.co.uk
This isn't a rant against your post (because you're right); rather just a reaction to the general concept of "stealing ideas".
I'm sick of the innumerable "X stole this computer idea from Y" complaints. They don't make sense for a variety of reasons, such as:
1. The same idea is frequently developed by different people independently. Especially when the idea is a fairly obvious and expected extension of what already exists. (Hint: 99% of software and interface improvements fall into this category.)
2. I *want* developers "stealing" ideas from each other. If the Internet Explorer team comes up with a cool new idea, I want the Mozilla and Safari and Konqueror teams to implement it, too. Only ridiculous pride (or ridiculous patent law) would argue otherwise. Having different people competing and innovating is great--but it's only a big advantage for the end consumers if the best ideas are eventually incorporated in a single product.
3. Ideas can't be "owned" and hence can't be "stolen". They are ethereal, replicable, and not sharply defined. It is impossible to delineate the limits to an idea, and thus any ownership thereof. (Patent and copyright law try to do this--and this is one reason they so frequently lead to absurd situations.)
I firmly believe in attribution and having a proper sense of history. But I am sick of people acting as if "stealing" an idea is bad thing. When it comes to ideas, we should be encouraging their wild proliferation, and encouraging everyone to use the best among them.
Without the players, there is no game.
Here is the patent application in question.
You'll notice the June 28, 2007 filing date. The earliest reference I can find to Intelliscreen is that it was in early beta in May of 2008. Indeed, Intelliborn didn't apply for a trademark on "Intelliscreen" until May 23, 2008 (TM App. Serial No. 77482276). Also note that the product requires a jailbroken iPhone. The iPhone wasn't even first jailbroken until July, 2007!
Thus, it seems almost certain that Apple came up with the idea long before Intelliborn had a product on the market and very likely long before Intelliborn came up with the idea at all.
People should understand that patent applications are (generally) not published the moment they are filed. Instead, they are usually published 18 months after the filing date. Just because we are now seeing the application does not mean that it was only now filed. In fact, it usually means just the opposite.
Without the players, there is no game.
My kids like to play punch-buggy...you know that game where when you see a volkswagen beetle, you get to punch anyone near you as long as you get your punch in first. My daughter, when she starts losing claims she's "not playing". This never deters my son, who sees this as an opportunity to roll on to victory completely unopposed. It seems that in punch-buggy, not playing means at best, everyone leaves you alone, and at worst, you get the crap kicked out of you constantly. Sorry...what were we talking about again?