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Apple Sues Samsung Over Galaxy Phones and Tablets

mystikkman writes "In the latest patent suit to hit the smartphone industry, Apple is suing Samsung, alleging the Galaxy line of phones and tablets infringe on a number of Apple's patents. 'Samsung's Galaxy Tab computer tablet also slavishly copies a combination of several elements of the Apple Product Configuration Trade Dress,' Apple says in its suit, noting that Samsung's tablet, like Apple's, uses a similar rectangular design with rounded corners, similar black border and array of icons. Apple previously sued HTC over Android. If Samsung is found to be infringing on the software, all the Android OEMs could be vulnerable."

465 comments

  1. Again? by wsxyz · · Score: 4, Insightful

    Didn't Windows copy the Lisa & Mac "trade dress"? How did that turn out Apple?

    1. Re:Again? by SpryGuy · · Score: 5, Insightful

      Apple claimed they did, but I never thought so. There are significant differences in the UIs, and always have been. And the concept of 'over-lapping windows' is so generic it really can't be claimed as a patent, imho.

      To claim that a tablet can't be rectangular with rounded corners and a border? Dear lord, that's just ridiculous.

      --

      - Spryguy
      There are three kinds of people in this world: those that can count and those that can't
    2. Re:Again? by iluvcapra · · Score: 1

      Apple kept their suit going until the war was long over, but Apple only dropped the case after Microsoft gave them $150 million and MS gave assurances that they would continue to develop Office on the Mac (both companies had their own reasons for this arrangement, granted).

      --
      Don't blame me, I voted for Baltar.
    3. Re:Again? by Haedrian · · Score: 4, Informative

      "“Samsung’s Galaxy Tab computer tablet also slavishly copies a combination of several elements of the Apple Product Configuration Trade Dress,” Apple says in its suit, noting that Samsung’s tablet, like Apple’s, uses a similar rectangular design with rounded corners, similar black border and array of icons."

      Paragraph 8

    4. Re:Again? by networkBoy · · Score: 1

      That may be, but to ensure my tablet is not subject to a rounded corners suit, I'll design it with razor edges.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    5. Re:Again? by larry+bagina · · Score: 1

      Apple had previously licensed most (179/189) of the GUI elements to Microsoft.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    6. Re:Again? by icebike · · Score: 1

      Yup, says exactly that.

      But that just points out that this is a nuisance suit, Apple claiming your tablet looks so much like our tablet that its hurting our sales.
      Every sedan looks pretty much like ever other sedan these days too. Yet the car companies seldom become petulant children and
      start suing each other.

      Apple is trying to own a form factor, which they will never succeed at doing, and bringing this suit opens them for huge counter-suits
      by manufacturers that used that same form factor before Apple even dreamed up the tablet.

      --
      Sig Battery depleted. Reverting to safe mode.
    7. Re:Again? by demonbug · · Score: 3, Funny

      That may be, but to ensure my tablet is not subject to a rounded corners suit, I'll design it with razor edges.
      -nB

      You'll just be opening yourself up to a lawsuit from Motorola.

    8. Re:Again? by houghi · · Score: 1

      is so generic it really can't be claimed as a patent

      You must be new here. And by 'here' I mean this world.
      Companies would sue their own children for copyright infringement if they were able to do so. Oh and will will get much worse. Much, much worse. In a few years there will be only two companies left. A company that sues everybody and everything and own all of it and the law firm that represents them.

      And then they set up a joint venture ...

      And there is nobody to stop them. Well, at east 2 generation was able to pretend to live somewhat free. The ones before them and the ones after us will be slaves or at least serves to the happy few.

      --
      Don't fight for your country, if your country does not fight for you.
    9. Re:Again? by HermMunster · · Score: 1

      This sort of suit (aside from the patents) has already been tried years ago by Apple. It is destined to fail, miserably. It will cost them a lot of money. As a company Apple is beginning to show it sucketh.

      --
      You can lead a man with reason but you can't make him think.
    10. Re:Again? by postbigbang · · Score: 1

      My Droid 2 looks the same way. Is there a hold-harmless cross-license between Moto and Apple? Oh, wait....

      --
      ---- Teach Peace. It's Cheaper Than War.
    11. Re:Again? by networkBoy · · Score: 1

      good point, maybe I'll put a high voltage plasma emitter ringing the tablet, using the plasma as an antenna, on the bright side it will naturally keep users fingers off the antenna :)

      On a more serious note, isn't the rectangular tablet with rounded edges covered (at least in concept) by prior art vis a vis Star Trek PADDs?
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    12. Re:Again? by bill_mcgonigle · · Score: 0

      Corporations would sue their own children

      TFTFY.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    13. Re:Again? by Anonymous Coward · · Score: 0

      "Didn't Windows copy the Lisa & Mac "trade dress"? How did that turn out Apple?"

      No.
      Apple GUI is click and hold while moving to select for a menu.
      Windows is click, release, move to select and click again.

      Thats just one example. The Windows method is superior as it does not rely on you holding the mouse button down while selecting. This reduces the likelihood of RSI. As a long time suffer of RSI, this is a hell of a bonus. Note that Apple these days allow a choice of Click and Hold or the Windows style selection.

      And anyway, Apple copied Xerox's work. Know your history.

      Apple tried look and feel lawsuits in the 1980s. They sued just about everybody. And lost. They should lose this as well (if there is any sense in the law).

      Young geeks thing Apple can do no evil. If they knew their history they would know that Apple make Microsoft look like Bambie.

    14. Re:Again? by Anonymous Coward · · Score: 0

      The word you are looking for is "serf."

    15. Re:Again? by The+Grim+Reefer2 · · Score: 1

      I can't wait for my patent approval for a flat rectangular surface that is elevated at such a level one can sit down and use it for office work. I'm calling it the iscrbere.

    16. Re:Again? by 517714 · · Score: 3, Interesting

      Apple has demonstrated that a border other than black is difficult to implement. The white border required significant investment from Apple to bring to market. As a result, Samsung is on solid ground with their color choice.

      As for the icons, if, as Apple claims, it is an intuitive interface then it is not patentable since intuitive means perceived independently of reasoning which makes it obvious or trivial.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    17. Re:Again? by DigitaLunatiC · · Score: 1

      You'll just be opening yourself up to a lawsuit from Motorola.

      With razor edges he may just be opening himself up...

    18. Re:Again? by obarthelemy · · Score: 1

      Etch-a-sketch is going to make millions of all those knock-off "tablets"

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    19. Re:Again? by kelemvor4 · · Score: 1

      Corporations and Stevie Jobs.

    20. Re:Again? by drb226 · · Score: 1

      This sort of suit (aside from the patents) has already been tried years ago by Apple. It is destined to fail, miserably. It will cost them a lot of money. As a company Apple is beginning to show it sucketh.

      Conspiracy theory: the Real Steve Jobs (tm) died and they just have actors filling in. Apple's magic touch is gone, hence the suckiness.

    21. Re:Again? by exomondo · · Score: 1

      Didn't Windows copy the Lisa & Mac "trade dress"? How did that turn out Apple?

      And the Lisa and Mac copied Xerox. The main thing was that out of all the rubbish that was Xerox suing Apple suing Microsoft no precedent for 'look and feel' copyright was set.

    22. Re:Again? by exomondo · · Score: 1

      Apple kept their suit going until the war was long over, but Apple only dropped the case after Microsoft gave them $150 million

      They didn't give them $150million, they bought $150million of stock.

    23. Re:Again? by exomondo · · Score: 1

      if there is any sense in the law

      you have much to learn.

    24. Re:Again? by EEPROMS · · Score: 1

      Yes also iOS screen layout and even the sliding unlock is an epic copy of the early Qtopia mobile interface right down to the glassy icons on a black background. The reason I know is I installed the UI on a hacked Motorola phone way back in 2005.

    25. Re:Again? by mrsnak · · Score: 1

      They often do sue their own children.

    26. Re:Again? by Daniel+Phillips · · Score: 1

      Apple is just determined to cement its reputation as a sue-happy bottom feeder.

      --
      Have you got your LWN subscription yet?
    27. Re:Again? by Daniel+Phillips · · Score: 1

      Apple kept their suit going until the war was long over, but Apple only dropped the case after Microsoft gave them $150 million

      They didn't give them $150million, they bought $150million of stock.

      At the time it was more like a gift because Apple was going down fast.

      And at the time, Bill Gates pulled off one of the very few funny jokes in his entire life... he made Steve Jobs accept the "bailout" offered by Bill Gates' giant talking head on a massive video screen above the stage at... I forget, some place in New York? Anyway, the whole scene was clearly meant to reference Apple's big brother superbowl ad.

      Rather ironic that a rejuvenated Apple has grown up to be just as big brotherish as Microsoft ever was.

      --
      Have you got your LWN subscription yet?
    28. Re:Again? by WrongSizeGlass · · Score: 1

      And the concept of 'over-lapping windows' is so generic it really can't be claimed as a patent, imho.

      The concept of "overlapping windows" is generic (and very obvious now) but doing it was tough 'back in the day'. Drawing into only the visible part of the window was an accomplishment. Implementing circles, ovals or rectangles with rounded corners wasn't easy either (no floating point math in the early chips).

      To claim that a tablet can't be rectangular with rounded corners and a border? Dear lord, that's just ridiculous.

      Yes, it's absurd. Many street signs have rounded corners - can the sign company sue Apple for "displaying information on a rectangular medium with rounded corners"?

    29. Re:Again? by Wovel · · Score: 1

      Really,

      List for us all of the suits Apple has filed in the past year that were not countersuits.

      Now try Nokia..

      Apple has to be geting close to being the most sued company in the world. Your post makes as much sense as Chewbaca wanting to be an Ewok.

    30. Re:Again? by mjwx · · Score: 2

      To claim that a tablet can't be rectangular with rounded corners and a border? Dear lord, that's just ridiculous.

      IF ableToCompete==False
      THEN sue=nearestCompetitor

      This little nugget's been part of Apple's MO since the 80's.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    31. Re:Again? by Anonymous Coward · · Score: 0

      well someone did ask for an apple cocksucker to turn up and defend the indefensible x)

    32. Re:Again? by Capsaicin · · Score: 1

      Didn't Windows copy the Lisa & Mac "trade dress"? How did that turn out Apple?

      It ended up scaring Microsoft enough purposely to design their GUIs, until recently, to be as non-Mac like as possible. Bearing in mind that Apple designed theirs via human interface research, this effectively ensured the relative lower usability that plagues Windows (eg. push-up menus vs. pull-down menus --and we all know push-ups are harder to do than pull-downs). Arguably, Apple's recent success would not have been possible but for that unsuccessful suit.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    33. Re:Again? by iluvcapra · · Score: 1

      That's a little naive. It was non-voting shares, at a time when Apple was basically dying and had very little to give MS in return, aside from merely existing as a useful argument for Microsoft to use in its anti-trust case.

      --
      Don't blame me, I voted for Baltar.
    34. Re:Again? by DJRumpy · · Score: 1

      You have to admit that at a glance it would be easy to confuse the two. Other than the Samsung logo, they look identical.

      From TFA:
      http://mobilized.allthingsd.com/files/2011/04/apple-samsung-examples.png

      I can see why Apple would be a little pissed. I don't' think this is specifically about the guts of the OS, but more about the basic appearance of the phone and home screen. We already know there were quite a few iPhone clones, essentially cashing in on iPhone lookalike qualities. This one is pretty obviously aimed at that same audience.

    35. Re:Again? by UnknowingFool · · Score: 1

      Please read up first.

      Apple paid Xerox $1M in stock for the right to use the ideas of the Star system and for 2 meetings with Xerox engineers. Apple did not copy the Star system but they did borrow ideas from it like the desktop concept and windows. If you actually looked at the two, there are differences. The Star system was a very good prototype; Apple refined many of the ideas but added their own ideas to it. Apple implemented the Mac using assembly whereas Xerox implemented the Star using their own internal languages.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    36. Re:Again? by FreeUser · · Score: 1

      They didn't give them $150million, they bought $150million of stock.

      At the time it was more like a gift because Apple was going down fast.

      If so, then it was surely the gift that kept on giving. How many times has Apple stock split since then (and now trading at well over $300/share)? Microsoft made a killing on the deal, even if it is only petty cash to their $40+ billion (or whatever it is these days).

      --
      The Future of Human Evolution: Autonomy
    37. Re:Again? by tjhart85 · · Score: 1

      Isn't Nokia at least suing over hardware patents, mostly? I think that theres a bit of a difference between a software patent and a hardware patent.

    38. Re:Again? by exomondo · · Score: 1

      Apple paid Xerox $1M in stock for the right to use the ideas of the Star system and for 2 meetings with Xerox engineers.

      Really? What 'rights' were those exactly? In any case they copied those ideas from an existing system, just as i said, so you can get off your high horse.

      Apple did not copy the Star system but they did borrow ideas from it like the desktop concept and windows. If you actually looked at the two, there are differences.

      Of course there are differences, it's not a direct copy, neither was it in any other case...they all 'borrowed' ideas from eachother.

      The Star system was a very good prototype; Apple refined many of the ideas but added their own ideas to it.

      Just as any company does, they aren't making a direct copy.

    39. Re:Again? by exomondo · · Score: 1

      That's a little naive. It was non-voting shares, at a time when Apple was basically dying and had very little to give MS in return, aside from merely existing as a useful argument for Microsoft to use in its anti-trust case.

      Naive? No, it's fact.

    40. Re:Again? by horza · · Score: 1

      Apple clearly state they invented black rectangles with rounded corners. Etch-a-sketch was red, therefore did not contain the novel inventive step of making it black.

      Phillip.

    41. Re:Again? by Anonymous Coward · · Score: 0

      I believe (I think) the $150 million you're talking about was to pay-off another law suit. San Francisco Canyon Company, the same company that wrote QuickTime for Windows was also hired to create "Video for Windows." Apple claimed they were in an exclusive agreement, but used the same code to produce software for MS.

      http://en.wikipedia.org/wiki/San_Francisco_Canyon_Company

    42. Re:Again? by ebusinessmedia1 · · Score: 1

      No! It will cost you and I an increase in the product price from both companies - because win or lose, the IP attorneys will charge a king's fortune for their services, and Apple and Samsung will pass that on as higher prices. These IP suits, in most cases, only profit the lawyers on both sides. It's a sick game. Drive from Menlo Park through to Mountain View, California someday - or Google how many IP law groups live there. They're popping up like mushrooms, and are often more successful than many tech companies. Some years ago, Wilson, Sonsini - one of the biggest in the country (home is Palo Alto) showed more than $1.1M profit per *partner*. (that's after the partners were paid and the light bill, rent, etc was paid. These IP law firms even have "sleep over rooms" so their paralegals can literally live there on the job to rack up more billing hours. It's a scam - and we're paying for it.

    43. Re:Again? by Karlt1 · · Score: 1

      IF ableToCompete==False
      THEN sue=nearestCompetitor

      This little nugget's been part of Apple's MO since the 80's.

      And seeing that Apple has the second highest market cap of any company in the US, obviously it must be failing.....

    44. Re:Again? by mjwx · · Score: 1

      IF ableToCompete==False THEN sue=nearestCompetitor

      This little nugget's been part of Apple's MO since the 80's.

      And seeing that Apple has the second highest market cap of any company in the US, obviously it must be failing.....

      That makes them competitive how...

      Apple became the second highest selling phone manufacturer overnight, as many a fanboy will point out. Why cant the reverse happen overnight. It's not like Apple has a huge R&D base to keep it afloat after commercial failure like Nokia has. Apple is entirely dependent on remaining strong in retail.

      Selling a lot != competitive.

      Especially in the tech market.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    45. Re:Again? by Anonymous Coward · · Score: 0

      Apple lost because Microsoft held their sorely-needed Mac applications hostage and forced Sculley to sign a vague licensing agreement to use some GUI elements in Windows 1.0. Microsoft's lawyers kept waving that agreement around and gave the court an easy out.

    46. Re:Again? by SuperKendall · · Score: 1

      Isn't Nokia at least suing over hardware patents, mostly?

      Many of the Apple patents have been over hardware as well.

      SInce everyone is suing everyone else just give up trying to figure out who to hate over it and accept that it happens.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    47. Re:Again? by Stupendoussteve · · Score: 1

      With the intent that they be used in an office product, not to create a competing operating system. Apple got hosed by signing a bad contract.

      Apple had a better case when QuickTime code made its way into Windows Media Player. Around that time Microsoft "bailed them out" and Apple didn't bring up a case.

    48. Re:Again? by Stupendoussteve · · Score: 1

      Apple didn't "copy" the Xerox work, they licensed it. Xerox didn't want it. "You expect us to sell a thing called a mouse?"

      They had some reason to pull people to court. While people were working in DOS, the Mac had this mouse thing and a real GUI. When others started popping up it wasn't exactly rocket surgery to figure out where the idea came from.

    49. Re:Again? by hairyfeet · · Score: 2

      I'd say this doesn't look good for Apple in the short OR the long, but not for the reasons listed so far. It is because without Jobs they are already losing their way and I have a feeling it will get a LOT worse.

      Look at the "look & feel" suit, was it under Jobs? Nope Pepsi guy. Jobs knows that the key is to stay on brand, and keep it elite and THAT is how Apple stays Apple. Is there REALLY enough of a difference to justify the costs between an Apple Mac and any $1000 Intel laptop? not really it is the elitism of the Apple brand same as there are plenty of ricers that can hit Porsche and Ferrari speeds but they will NEVER have the "cool factor" that those brands have.

      Now am I saying Apple is all bullshit and hype? Nope, I gave the man credit for putting design first, hell most Apple devices look more like artworks than consumer products. But it was Jobs that built the hype, that built the "cool factor", that turned Apple from just an expensive also ran into THE boutique brand.

      For the fans of Apple, I'm sorry, but I'm afraid it will most likely get a LOT worse. Say what you will about Gates but he was ten times the leader the sweaty monkey is, and he wasn't NEARLY an integral part as Jobs. Lets be honest folks, the man's time is almost up. He has lived longer than most with that form of cancer, and all the money in the world can't hold back the reaper forever. Unfortunately unlike Gates Jobs never had a REAL exit strategy set up, and in the end that will hurt the company, probably badly. Maybe he meant it that way, so that when he is gone and the company falls he will be looked upon as this mythic figure that the company could live without.

      After all without the Apple mystique and cool factor, what will make their brand any better than say a well built Android or even WebOS device? the megacorps like Google and HP can probably get economies of scale even Apple can't touch, especially HP who has enough contacts with suppliers they can probably get anything they want.

      And with so many working on Android even an old Windows guy like me will be the first to admit that short of flooding the channel with CCC (Cheapo Chinese Crap) which from the looks of it Google is gonna try to kill off with more rules around Android, that the Droid OS is gonna get better and better AND better. No I fear without Steve Apple will go into a slow downward spiral. Will they be able to straight up and pull another rebound afterward? Who knows, but if history is any guide Without Steve it quickly becomes the house that middle management built, with feature creep and PHBs and all the mess. only they won't have Steve to come in and kick some asses anymore, and that doesn't bode well IMHO.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    50. Re:Again? by Anonymous Coward · · Score: 0

      Here's a nice chart of who is suing whom in the mobile industry. Everyone is suing everyone else over anything and everything.

    51. Re:Again? by KDR_11k · · Score: 1

      To be fair that's a result of minimalistic design, if your device only has the bare basics on it to function then of course it'll look similar to other devices.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    52. Re:Again? by bemymonkey · · Score: 1

      Have you SEEN the Euro version of the Galaxy S? Hell, that thing looks so much like a 3G(S) that I'm surprised the lawsuit took this long to materialize...

      Manufacturers: Please don't screw over Android users by making us out to be iPhone owner wannabes who had to settle for less...

    53. Re:Again? by Karlt1 · · Score: 1

      Apple became the second highest selling phone manufacturer overnight,

      If by overnight you mean 12+ years.....

      as many a fanboy will point out. Why cant the reverse happen overnight.
        It's not like Apple has a huge R&D base to keep it afloat after commercial failure like Nokia has

      No it just has over $40 Billion+ in cash and growing, no debt, and 4 product lines (Computers, phones, mp3 players, and tablets) that are more profitable than any of its peers.

      . Apple is entirely dependent on remaining strong in retail.

      Yes companies are completely dependent on people buying their products...News at 11....

    54. Re:Again? by Anonymous Coward · · Score: 0

      Personally the only thing that's stopping me buying a tablet is that I cannot find one with razor sharp spikes on the corners.

    55. Re:Again? by Capsaicin · · Score: 3, Insightful

      As for the icons, if, as Apple claims, it is an intuitive interface then it is not patentable since intuitive means perceived independently of reasoning which makes it obvious or trivial.

      The interface, it is claimed, is intuitive to use. Designing (or inventing) an "intuitive interface," on the other hand, is anything but trivial.

      And I might add, you have a bit of case law to read the help you get up to speed with what a court would consider to be "obvious" for the purposes of patent law. In any case, with this kind of suit, winning or losing isn't everything ...

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    56. Re:Again? by fredmosby · · Score: 2

      I don't support this lawsuit. I oppose any legal action that might deprive me of choice. That said, it's not reasonable to argue that intuitive interfaces are necessarily obvious. Just because it's easy to use an intuitive interface doesn't mean it's easy to invent one.

      You're basically saying "the iPhone is easy to use, therefore it must have been easy to design". If that were true the first smart phones would have been as easy to use as an iPhone.

    57. Re:Again? by georgesdev · · Score: 1

      There are three kinds of people in this world: those that can count and those that can't

      Nice, reminds me of this joke: There are 10 kinds of people in this world: those that can count in binary, and those that can't.

    58. Re:Again? by JasterBobaMereel · · Score: 1

      iPhone launched in late 2007 ..... before that Apple were jogging along as they always had ....that's 3+ years not 12+

      $40 billion can be lost in a vary short time ...

      If people stop buying your products when you do not already have the next one ready, you are sunk ....

      --
      Puteulanus fenestra mortis
    59. Re:Again? by Udo+Schmitz · · Score: 1

      Didn't Windows copy the Lisa & Mac "trade dress"?
      How did that turn out Apple?

      Pretty good actually: patent cross licensing, MS investing in Apple shares, securing of MS Office for their platform and if IIRC even money.

      As to TFS: "If Samsung is found to be infringing on the software, all the Android OEMs could be vulnerable". BZZT. Wrong. Play again. This suit is about Samsungs design and GUI customizations.

    60. Re:Again? by Joce640k · · Score: 1

      Um, no it doesn't.

      The thing called 'Android' is what lays out the icons and Samsung isn't responsible for that.

      --
      No sig today...
    61. Re:Again? by gizmod · · Score: 2

      Really?
      FTA: Apple’s lengthy court filing, seen by Mobilized, is filled with what Apple claims are examples of the copy-catting, ranging from core technology to screen icons to **hardware shape**. In particular, Apple cites patents issued in 2009 and 2010 that cover the physical design of the iPhone along with various trademarks for its app icons.

      But then again maybe when you put a lot of these design elements together and not just the basics but actual placement of buttons, speakers, texture and a whole bunch of other stuff it might actually start resembling product xyz or abc. IANAL but I agree that individual elements should not be patentable (rounded corners, borders etc), but a lot of these things together constitutes a "design". Either way I think Apple are being royal arseholes. iPhones are great. Galaxy S (I have one) is great, Galaxy Tab is great and so is the iPAD. Company politics bickering suing, litigation, court battle BS is a load of shit.

    62. Re:Again? by Anonymous Coward · · Score: 0

      Microsoft DID license some technology from apple for the first 3 versions of windows.

    63. Re:Again? by 517714 · · Score: 1

      Did you actually look at the figure in the Apple patent D627,790? A row of indicators (signal strength, battery,etc) at the top and icons that are rectangular with rounded corners arranged in four columns with three rows a gap and a fourth row. Samsung has four columns and five rows. The arrangement of icons in columns and rows is obvious, and has been done for many years. Surely you are not suggesting that four columns is a significant and patentable design element.

      Icons are the superficial aspect of a GUI interface. A representation of a calculator is the most reasonable and obvious icon to represent a calculator application, likewise many other applications have a very limited number of appropriate representations. I am not aware of any case law that suggests that Apple, or any entity would be allowed to monopolize such representations through design patents based on the limited claim. Trademarks may protect the specific images for applications for which trademarks have been secured.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    64. Re:Again? by AmiMoJo · · Score: 1

      The icons have been in use for decades anyway. A picture of a house for "home"? Most browsers have that. A letter for email? Most email apps use that.

      TFA doesn't say exactly what aspect of the icon design they are upset about. It seems more like a bargaining chip to use in other patent and IP disputes with Samsung.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    65. Re:Again? by Peet42 · · Score: 1

      Both of them stole their ideas from the Xerox PARC.

    66. Re:Again? by 517714 · · Score: 1

      My comments were limited to the design patents and their claims and have nothing to do with the underlying software because there are no claims in the patents in that regard. If you had read the design patents, you would know how limited in scope it is, "CLAIM The ornamental design for a graphical user interface for a display screen or portion thereof, as shown and described." Note that there is no indication in the patent that the interface is a touchscreen. Read the patent and you figure out if any effort was required in software development to file for the patent.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    67. Re:Again? by RDW · · Score: 1

      'Yes, it's absurd. Many street signs have rounded corners - can the sign company sue Apple for "displaying information on a rectangular medium with rounded corners"?'

      It may seem absurd, but when Apple successfully sued the 12 Colonies of Kobol, an entire civilization had to switch to displaying information on octagonal media!

    68. Re:Again? by rjstanford · · Score: 1

      Not if nobody else was selling minimalistic touchscreen phones before you were. The iPhone did, indeed, look completely different from everything else on the market, and for several years every "new" phone tried to look as close to it as possible in order to capture the "oh, you got an iPhone" factor that, rightly or wrongly, drove sales.

      Haven't you noticed that not a single one of those phones initially released in red? Not one? Even though it was a very popular color in other lines for the other manufacturers (Nokia, Motorola, etc)? That's a copycat.

      --
      You're special forces then? That's great! I just love your olympics!
    69. Re:Again? by Siener · · Score: 2

      I own a Samsung Galaxy S and it's NOTHING like an iPhone
      1. It has expandable storage via microSD
      2. Its battery is replaceable
      3. It it can connect to any computer through a standard (and cheap) micro USB cable
      4. I can copy music to AND FROM my phone with any software that supports USB storage or MTP
      5. When I switched it on for the first time I didn't need a computer or special software and I wasn't forced to sign up for an iTunes store account
      6. Within 5 minutes my phone had all my gmail, Facebook and twitter contacts on it, again without needing a computer
      7. I can copy and paste just about everywhere
      8. It runs Flash
      9. Out of the box it supports tethering via USB or Bluetooth and it can even act like a Wi-Fi hotspot
      10. I can decide what software I run on it rather than having a dictator with arbitrary rules telling me what I'm allowed to do
      11. I can (and did) download SDK's and development tools for free to write my own software for it
      12. It can send an receive MMS's (like every phone I've had for the last 6+ years)

      I can go on, but I'm sure you get the idea

    70. Re:Again? by ruiner13 · · Score: 1

      Wow, and if Apple had said they had their functionality copied, you may have a point. This is about aesthetics though, not functionality. So, your post is completely irrelevant in this conversation. I'm happy your phone does all that stuff that I've never needed on my iPhone. Congrats! And MMS and copy/paste has been in iOS since version 2, and I don't recall ever paying anything for XCode... so, that's already 25% (3/12) factually inaccurate posting. Nice job!

      --

      today is spelling optional day.

    71. Re:Again? by Siener · · Score: 1

      This is about aesthetics though, not functionality.

      The fact one can have patents on aesthetics just shows you how broken the system really is

      I'm happy your phone does all that stuff that I've never needed on my iPhone

      You've never had the need to browse to a website that requires Flash? You've never wanted to have a bit more storage space? You've never forgotten or lost your USB cable? You've never wanted to copy music from your iPhone?

      I don't recall ever paying anything for XCode

      Well I guess you won't be upgrading to version 4, which is not free.

    72. Re:Again? by UnknowingFool · · Score: 1

      Really? What 'rights' were those exactly? In any case they copied those ideas from an existing system, just as i said, so you can get off your high horse.

      Read carefully. Apple paid Xerox for the use of their ideas. As for look and feel copyright, that was set earlier by Whelan v Jaslow, 3rd Circuit Appeals, 1986. The 3rd Circuit affirmed that look and feel can be used as a test. Their decision predates the start of the Apple v MS suit by two years.

      By your standard then everyone copied from Xerox. There is a difference between rights and ideas, however. You can borrow ideas. Why Apple is suing (and has sued) is that they feel that companies have outright copied their designs. Take for instance, Volkswagen just unveiled the 3rd generation Beetle. It is not as bubbly as the previous two generations. If Honda came out with car that looked remarkable similar to the first two, you don't think VW would sue?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    73. Re:Again? by Cyberax · · Score: 1

      They were. I remember I saw a high-end touchscreen phone on CeBIT back in 2003. It looked a bit like iPhone, though it used a stylus.

    74. Re:Again? by afex · · Score: 1

      Which galaxy S did you have? I have the captivate (AT&T's) which is a much sharper (not like 'cool', i just mean not rounded) design. However, when I was researching phones I am absolutely not afraid to admit that i thought the vibrant and the fascinate both looked A LOT like the 3g/3gs line.

      After having both an i4 and the captivate, i will say the following:

      1) awesome! i agree this is a sweet feature - and i've used it exactly once, to load a ROM in. after that, never again.
      2) Great! After having a 3G and an i4, i've never ever EVER EVER had the need to take the battery out. With my old blackjack and with the captivate, i was always yankin' that sucker out. sad...
      3) i'll absolutely agree with this one, although the captivate has a little door over the USB port, which i think is a serious design flaw. also, i grabbed up like 10 apple cables on ebay for a couple of bucks from china...
      4) again, i'm probably a bad example since I dont listen to that much music, but i rarely transfer stuff from and to my captivate. Also, i ssh stuff over the the i4, but i realize that doing that is 'cheating' and we're only talking out of the box functionality here.
      5) i really can't believe people complain about this - your last point was BRAGGING about computer connectivity, and now you dont even want to connect to your laptop ONCE to activate it? yeesh...
      6) same with iOS....however i will concede that the google account integration on my captivate is obviously a HUGE selling point, as the native mail client absolutely DESTROYs apple's.
      7) It's interesting that you mention this. where can you not c'n'p in iOS? the other funny thing is that android's cut and paste was TERRIBLE until about january of this year.
      8) again, between surfing on my galaxy and the i4, i really find no difference - that is, there are very VERY few times that i've said 'gee i wish i had flash support'. but, again, its another 'good to have' thing i suppose.
      9) this is no longer true (at least for AT&T's captivate), as the latest ROM from samsung disabled this. Luckily anyone with any sense has both a rooted android / jb'd iphone and can do this on either of the platforms.
      10) will totally agree - although i will say after being on both platforms for a while, i am much more confident when i grab an apple app. half of the android apps will suck battery, crash, or wont run properly because it wasn't testing on all 32343 iterations of hardware/software.
      11) yup, totally agree. this is the one point that apple's got nothin' on 'em. I grabbed an SDK and hello world'ed the first week or so i had the galaxy, way easier than running OSX in a VM and trying to get their SDK running.
      12) this one's got my mind spinning - MMS support was the one HUGE pro that i had chalked up to iOS. in my experience, MMS's on android were 1) unable to be seen clearly in the thread, forcing me to open them, 2) show up as a '10 second slideshow' - wtf is that? and 3) MMS and SMS will sometimes go to the wrong people. google 'android sms wrong contact' if you dont believe me. i can't believe that the issue isn't bigger (or maybe it is?)

      Anyhow, just throwing in my 2 cents as someone who operates on both platforms and is still a fan of both!

    75. Re:Again? by WoRLoKKeD · · Score: 1

      Why oh why don't I have mod points today?

      --
      Immolation is the sincerest form of flattery.
    76. Re:Again? by ruiner13 · · Score: 1

      No, I despise flash. All the sites I care about offer H.264 or other native streaming. I have 32GB in my phone, which is enough to store all the music I need for a week, and anything else I can sync with air sharing. You can stream media from the cloud, too. I only need to sync once a week, and my battery goes all day without a charge. My car has a charger if things get drastic. And if you can't afford the $5 to buy Xcode (assuming you're not already a registered developer, who would get it free), I suggest that investing in any smart phone may not be the best use of your money.

      --

      today is spelling optional day.

    77. Re:Again? by LoganDzwon · · Score: 1

      You own a nice phone, no doubt, However, it's nothing like an iPhone. compared to a Galaxy S; 1. The S is expandable to 32GB. My iPhone has 32GB built-in with no need to worry about selecting the right, (reliable, fast,) SD card at the right price. 2. Unless you actually own a second battery and charger for it this just means your phone is larger and heavier then it needs to be. 3. It doesn't use the standard Apple 30-pin cable that every iPod, iPad, and iPhone has come with since the beginning of time. 3rd party versions commonly purchased anywhere for about $5. You'll need to bother with figuring out if the cable is standard USB, Mini-A, Mini-B, Micro-A, or Micro-B. Will it work the 3rd party device you want to use it with? (car stereo, speaker base, TV, etc...) You do like an iPhone owner and simply look for the "Made for IPod/Works with iPhone" stickers on it. It probably just wont. 4. You can't syncs music, TV, and movies, (purchased from itunes,) automatically across all your computers and mobile devices via itunes. I understand there is some work to create something similar for Android, but so far little has happened. If you don't care about video media, I suppose this is less of issue, as you can, with a little bit of configuring stuff, accomplish this with music only using a kluge of 3rd party software packages and services. 5. Doesn't sync with itunes. If you lose your phone, or drop it water, or it just fails you lose your data. If you had an iPhone you just get the replacement, plug it into your computer and everything is restores exactly the way it was on your last sync. 6. Within 5 minutes of getting an iPhone you cna do things just like an iPhone. Features both devices do evenly really isn't a point in your favor. Lets change this one to, "Within 5 minutes of getting my phone I can deposit checks into my bank account." Oh wait that is an iPhone only feature. oops. 7. I can't use the same response here, because there isn't feature parity. You can not copy and paste anything buy txt. 9. Wow, you mean just like an iPhone? 10. That is partially true, (the rules have always seemed pretty clear to me,) but I can run A LOT more software and get accomplish more tasks then anyone with an Android anything. 11. My computer came with the development tools for iOS included. 12. Yay, again, just like an iphone!

    78. Re:Again? by LoganDzwon · · Score: 1

      afex, I have never owned an Android, but I've had iPhone from the beginning. My iPhone syncs mail, calendars, shared calenders, and contacts with my gmail account. Would you please elaborate what do you mean by Android's google account integration abilities?

    79. Re:Again? by sglewis100 · · Score: 1

      IF ableToCompete==False THEN sue=nearestCompetitor This little nugget's been part of Apple's MO since the 80's.

      Yeah, good thing to, I mean, that iPad is really not doing well in the marketplace.

    80. Re:Again? by afex · · Score: 1

      Sure!

      contacts: works great, no complaints here! If i had to really nitpick, i'd say no support for google's contact groups. you can of course do your own groups within the phone, but we're talking about google integration here. (i dont use contact groups so this isn't a big deal)

      calendars: Only my main calendar shows up, not my other sub calendars. The type of google sync i'm using is where you add it as an exchange server, so i'm not sure if that matters. as for shared calendars, i can't comment - do you add those separately from your google exchange account or does it 'auto-grab' them? if it does, it's not working for me at the moment. I'd love to rectify this, as i actually do have quite a few calendars within my account ('bills', 'todo', 'birthdays') but only my main one ('afex') shows up as selectable in calendar settings. **edit** before submitting this comment i found a lifehacker post for multi calendars including color support w/ caldev or something, so i'm looking into it! still, the fact that i have to screw around with 3rd party apps is annoying : /

      mail: this one is the weakest link. gmail's label system is (i believe) light years ahead of folders, and i use it to control every aspect of mail. in iOS, labels aren't shown at all (you can see them in the 'folder' list, but items with multiple labels get a bit confusing). Also, if you want to archive something, its pretty convoluted - you have to select the message, then 'move' it to 'all mail', which means you have to hit approx 4 or 5 buttons. essentially what i'm saying is that syncing works fine and reading/writing mail is ok, but as for mail 'management' (applying labels, moving stuff around, etc) its a complete pain in the ass on iOS. on an android device, however, labels all work perfectly (and they show their colors! oooo...) and archival works great.

      hope that helps! like i said, i am a fan of both devices, but my i4 is definitely my main phone. the two android devices i have experience with are AT&T's captivate and the Viewsonic Gtablet w/ a gingerbread rom on it.

    81. Re:Again? by tycoex · · Score: 1

      How does this hurt anyone? So Samsung phones get more expensive, and you just buy an HTC phone instead.

    82. Re:Again? by CAIMLAS · · Score: 1

      To claim that a tablet can't be rectangular with rounded corners and a border? Dear lord, that's just ridiculous.

      How is it rediculous? Gutenberg made rectangularly bound pamphlets with hard covers, ink on the pages and bound in the center, and look what that did for him - nothing. Right?

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    83. Re:Again? by exomondo · · Score: 1

      Read carefully. Apple paid Xerox for the use of their ideas.

      Are you sure you're reading carefully? Before you just said they paid for the rights to their ideas.

      By your standard then everyone copied from Xerox.

      They did, just as everyone copied Xerox's ball mouse, so what? Look at the similarity between phones from different manufacturers in the late 90s and early 00s.

      There is a difference between rights and ideas, however. You can borrow ideas.

      Borrow ideas? Yeah, you can take an idea, keep it for a while and then give it back. No they copied those ideas, just as everyone else has.

      Why Apple is suing (and has sued) is that they feel that companies have outright copied their designs.

      The suit says rounded corners with a black border and an array of icons, look at all the design elements the iphone takes from previous phones/PDAs.

    84. Re:Again? by Capsaicin · · Score: 1

      Did you actually look at the figure in the Apple patent D627,790?

      You misunderstand. I'm making no claim as to the strength of Apple's case whatsoever, nor any suggestions as to which particular design elements might be patentable or not. I'm merely addressing the notion, in the abstract, that a claim by an OS vendor that their interface is "intuitive" would render that interface non-patentable on the basis of obviousness.

      Additionally I'm flagging the fact that courts have shown what is imho a very low threshold for the establishing what constitutes non-obvious for the purposes of patent law.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    85. Re:Again? by SteveTheNewbie · · Score: 1

      Apparently they only give their children a strong talking to, they don't actually sue them.

    86. Re:Again? by UnknowingFool · · Score: 1

      Are you sure you're reading carefully? Before you just said they paid for the rights to their ideas.

      Sigh. Perhaps you should read up on copyright law before further commenting. That is all.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    87. Re:Again? by exomondo · · Score: 1

      Sigh. Perhaps you should read up on copyright law before further commenting. That is all.

      A pathetic attempt to assert authority to cover for your inconsistencies. You clearly said they paid for the 'rights' without saying what 'rights' they paid for, now you refer to copyright law, yet they absolutely did not buy copyrights, they aren't the copyright holders of Xerox's work.
      And let's see, what's the bet you're full of shit and this *isn't* 'all'.

    88. Re:Again? by Anonymous Coward · · Score: 0

      The word "ridiculous" is spelled correctly, right in front of your eyes, and you even quote it in your own post... then you manage to mangle it with the retarded "rediculous" spelling anyway. With such evident stupdity, why should your post be taken with anything but a grain of salt, while pointing and laughing at you?

      Never mind the actual content is kind fo pointless and meaningless. I still have no idea what your point is.

  2. Are these people insane? by Haedrian · · Score: 5, Insightful

    "uses a similar rectangular design with rounded corners, similar black border"

    What is wrong with these people?

    1. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Hey. If you can keep your competition out through any means necessary...

    2. Re:Are these people insane? by NoobixCube · · Score: 2

      Samsung should sue Apple for the visual siilarity between the Apple TV and Samsung's DVRs and set top boxes.

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    3. Re:Are these people insane? by Culture20 · · Score: 1

      My desk is rectangular with rounded corners, my laptop is rectangular with rounded corners, my external monitor is rectangular with rounded corners. All of these things are older than iPhones. I bet I can find other examples.

    4. Re:Are these people insane? by Anonymous Coward · · Score: 1

      > What is wrong with these people?

      The real question is: why do we keep giving them money?

    5. Re:Are these people insane? by Anonymous Coward · · Score: 0

      When "them" is the federal, state, or local government, I give them money to avoid being thrown in jail. When "them" is anybody else, it's because they provide a good or service that I want at a price I consider fair.

    6. Re:Are these people insane? by Nethemas+the+Great · · Score: 2, Insightful

      Who says they won't?

      --
      Two of my imaginary friends reproduced once ... with negative results.
    7. Re:Are these people insane? by Nethemas+the+Great · · Score: 1

      But, it's not within the context of a mobile computing device whose shape resembles a thin rectangle.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    8. Re:Are these people insane? by teg · · Score: 3, Interesting

      How did tablets look before the iPad? While iPad was the first tablet most people/businesses cared about - the genius of the iPad is that was not a laptop in a different form factor - there were tablets before. Did they look similar? Or is it just after the iPad that the design looks obvious?

    9. Re:Are these people insane? by Anonymous Coward · · Score: 0

      AAPL 331.85 +4.39 (1.34%) 305.73B

      With a "B". No really, think about that. Okay, got it? Now re-read your question.

      Someday a lot of people are going to be holding a lot of worthless stock. My prediction is it will be about 45 min after Jobs falls over dead. Sounds like the lawyers agree with me and they are trying to get a head start.

    10. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Unquenchable greed.

    11. Re:Are these people insane? by Anonymous Coward · · Score: 0

      "uses a similar rectangular design with rounded corners, similar black border"

      What is wrong with these people?

      They're holding it wrong.

    12. Re:Are these people insane? by Nethemas+the+Great · · Score: 2

      The educated minority is forced to compromise with the uneducated majority. It's called democracy, best get used to it.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    13. Re:Are these people insane? by Culture20 · · Score: 2

      My laptop is a thin mobile computing device.

    14. Re:Are these people insane? by w0mprat · · Score: 1

      Insane yes. Prior art: Any touchscreen desktop monitor fits that description (which have been around a long time).

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    15. Re:Are these people insane? by Anonymous Coward · · Score: 0

      I'm sure there's at least one Palm PDA that fits the description and predates the iPhone by at least five years.

    16. Re:Are these people insane? by Lehk228 · · Score: 1

      after the first full face touch phones the design was obvious, all of them are touch phones but bigger

      --
      Snowden and Manning are heroes.
    17. Re:Are these people insane? by Anubis+IV · · Score: 3, Funny

      Yeah, I'm sure that's the only similarity, as opposed to a choice quote pulled by the summary from an article which pulled it from a court document which it failed to link. Clearly, most of the phones these days were independently conceived, which is why Apple entered a market that was already filled with innovative designs when the iPhone debuted in 2007, of which it is merely one among many now.

      Oh, wait.

      Now that I've paid my dues as an Apple fanboy, let me step back for a sec and be more reasonable, because as much as I like Apple, I love comprehensively well designed products better, regardless of where they come from or whose logo is on them. Here's what I really think about it all:
      1) There should be protections for inventions and new ideas, allowing the originators to profit from them for a time.
      2) Apple came up with something new and disruptive when the iPhone debuted, and again when the iPad debuted.
      3) While Apple does deserve to make a profit, they don't deserve a free ride. There still needs to be competition when you have technologies that so thoroughly disrupt an industry, otherwise you run the risk of them dominating and stagnating, which is bad for everyone.
      4) Allowing blatant rip offs defeats the purpose of #1 and isn't conducive to encouraging innovation. It discourages it by sending the wrong message.

      So, basically...I dunno. The summary doesn't link to any primary sources, such as the court documents where your quote was pulled from, so I can't make any judgment calls about the merit of the case as a whole, nor should anyone else. If their case rests on arguments that flimsy however, then it's just another frivolous lawsuit in a long list of frivolous lawsuits from the companies involved in all of this fracas. If they have a stronger case than that, then I might be willing to support it, but I find it doubtful.

      Still though, you can't help but feel a twinge when you see where phones were in 2006 and 2007, see where they are now, see when the change happened and what form it took, and know that the group responsible for the change is supposed to take it well or else get lambasted by people the world over as bullying. I know I'd be angry if I came up with a design that impacted an industry as much as the iPhone did, only to have every product in the industry look like what I had come up with just a year or two later. And since people are so prone to forget, you'll hear them saying, "Well, duh. That's obvious. How else would it be?" when talking about innovation after it happens, completely forgetting that a mere 3-4 years prior there was no product that resembled what every product looks like today.

    18. Re:Are these people insane? by Anonymous Coward · · Score: 1

      Actually, when "them" is the federal, state, or local government, you give them money because you owe them for the services you use, directly or indirectly. Whether this is things like trash pick-up, police protection, fire protection, public roads and sidewalks... or things like our Justice system, national defense, and enforcement of contracts... you've already used it.

      It's no different than eating a meal at a restaurant and then being requierd to pay the bill when it comes due at the end.

      I'm pretty tired of all this bullshit right-wing "the government is stealing MY money!" nonsense. No, the government is expecting you to pay your share of the cost of providing all the services you demand.

      Now stop whining and pay your due for services rendered.

    19. Re:Are these people insane? by MrHanky · · Score: 1

      It looks like a small screen. My old Samsung monitor was rectangular with rounded corners. In fact, it looked like a 24" version of the Galaxy Tab.

    20. Re:Are these people insane? by Anonymous Coward · · Score: 0

      What is wrong with these people?

      Exactly why don't people come up with original designs instead of just copying Apple.

    21. Re:Are these people insane? by ubergamer1337 · · Score: 4, Interesting

      Oh like a palm Lifedrive?

    22. Re:Are these people insane? by Anonymous Coward · · Score: 0

      > No, the government is expecting you to pay your share of the cost of providing all the services you demand.

      No, the government is requiring that I pay the cost of the services I use and then another 1000% on top of that in waste, graft, corruption, and incompetence, along with funding dozens of federal agencies like the TSA that accomplish *nothing whatsoever* but soak up billions of dollars.

      Paying for what I use? I have no problems with that. But that isn't the situation now, is it?

    23. Re:Are these people insane? by Pax681 · · Score: 1

      I'm sure there's at least one Palm PDA that fits the description and predates the iPhone by at least five years.

      where i agree that apple should just fuck off with their walled gardens and this bollocks litigation

      one of their fan boys will probably mention the Newton

      i hereby name all this litigation going on "Sue-age" as it's all innovation stifling SHITE

    24. Re:Are these people insane? by yeshuawatso · · Score: 4, Informative

      I'll bite. This is a trademark infringemnet case that leverages a "famous" mark that has been attained by teaching the consumer about Apple phone and tablet products look and feel against a junior mark that may not be famous. Even though the trademark isn't registered, that doesn't make it invalid (although it should technically limit it to the state in which Apple primarily engages in commerce, but there are ways of getting around that, legally) and may be enough to take a trademark dilution by blurring claim (where two different marks are so similar as to likely cause customer confusion but not similar enough to be infringement or a counterfeit).

      The questions a jury will have to answer are:

      1.) What is the degree of similarity between the mark or trade name and the famous mark?
      2.) What is the degree of inherent or acquired distinctiveness of the famous mark?
      3.) To what extent is the owner of the famous mark engaging in substantially exclusive use of the mark?
      4.) What is the degree of recognition of the famous mark?
      5.) Is the user of the mark or trade name intended to create an association with the famous mark?
      6.) Is there any actual association between the mark or trade name and the famous mark?

      The first question is a given. The Galaxy lines of phones were targeted directly at iPhone users. Samsung went as far as to give the phone to frustrated iPhone users. I own the Vibrant version, which looks identical to the UK version, and the OS was designed to be like a mixture of iOS and Android. You can even uninstall apps using a "minus" button very similarly to iOS's "X" to delete apps.

      Number two is harder to prove since the design Apple is employing has been around for a while. Not that's it's not impossible to prove, just harder. This has already been mentioned by other /. post above and below this reply.

      Number three is easy as Apple has been consistent with this design since its inception.

      Number four is a tough one too. I'll give an example. Today, while registering my child for kindergarten school for the fall, I took my iPad to let the child play with to keep quite while filling out paperwork. About half of the 4th grade school population went passed us on their way to lunch, almost all talking about this device. Some children knew what the device was, some thought they knew what the device was, and some had no idea what it was (a few said it was a TV). While not directly calling 4th graders the equivalent of the adult American public that will sit in a jurors seat, their will likely be similarities in terms of identifying Apple's products. We tech enthusiast know the difference, but does your grandmother? What about your automobile mechanic? This is where jury selection becomes important. Samsung would want tech enthusiast who can clearly see the difference between the products, while Apple is going to want everyday people who will simply call the mark that came to market first as the "famous" mark and anything else is a knockoff.

      Number five is a tough call too. At one angle, Samsung is engaging iOS users that their Android smartphone has a similar experience to iOS to warrant a switch, while the other end you could just as easily argue that Blackberry and Android users are Samsung's ultimate target, especially since Android options are so vast. Samsung could easily argue that in order to differentiate themselves from other Android devices, they used a design unique to the Android smartphone market.

      Number six is where we will see Apple claim that Samsung used the association of being the manufacture of the iPhone 4's chips to their Galaxy lines having equivalent chips. This claim is a long shot, but still possible if Apple can get a layman's head around what the hell a chip is in the first place.

      Since Apple is the one bringing suit, Samsung could easily attack the rounded corn

    25. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Nice anti-populist rhetoric, it appeals to the ego of most of your readers.... except that the people causing this particular problem are all highly educated.

      OTHER THAN THAT, good post.

    26. Re:Are these people insane? by Idbar · · Score: 1

      And wouldn't the Newton itself be prior art (but in B&W)? I mean is a "device with a screen larger than a phone one, which uses touch gestures as an input"

      What made the iPad a different tablet? I don't know, the lack of a stylus?

    27. Re:Are these people insane? by Anonymous Coward · · Score: 0

      What restaurant gives me a bill for what other people ate? What restaurant gives me a bill whether I eat there or not?

    28. Re:Are these people insane? by MikeBabcock · · Score: 1

      Like the PSP? With rounded edges and a display with icons? Sad.

      --
      - Michael T. Babcock (Yes, I blog)
    29. Re:Are these people insane? by Anonymous Coward · · Score: 0

      fusion garage can sue then since joojoo looked that way first...

    30. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Slate style tablets have existed for some time now.

    31. Re:Are these people insane? by Anonymous Coward · · Score: 0

      I'd be fine with them cutting the defense budget in half. Do we really need a military equal to the rest of the world combined?

    32. Re:Are these people insane? by drb226 · · Score: 1

      Agree. The same description could be used for the two monitors I'm using right now: rounded corners, black border...oh look, they're Samsung monitors. How odd. (I really didn't notice they were Samsung until just now.) It's like Samsung thought of black borders and rounded corners before the iPad or something...

    33. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Pretty funny isn't it? The worst part is that it's not even their idea. It's a bunch of rhetorical propoganda pushed by the rich, designed to loosen the government's control in such a a way that they gain more money in the short term. Long term, the country is ruined and its people will be impoverished. You've already got 20 million kids in poverty. Imbeciles who can't resist the call of authoritarianism, emboldened by their just-world syndrome, have helped them to destroy everything of value in the US and ensure its coming ruin as a nation.

      Your country is sliding off the rails, and the reverberations can be felt all over the world. The financial crisis was the largest in a long line of fuckups by your rich overlords. And the cultural consequences have been terrible... Empathy is uncool in America now; meanwhile racism is rampant. They've turned you on one another. The police are hounding non-violent people, the poor and black kids. And those damned Mexicans! These undesirables make your military hardware in prison in terrible conditions, yet even with slave labour the cost of all those wars is bankrupting your country. But those military contractors? They don't give two shits about the common man. Let them eat lemoncake.

      We watch in Europe transfixed, almost unable to believe the level of stupidity we witness. It's painful to watch your idiotic, corporate-coopted media and even worse to hear it repeated by Americans on the Internet. It's comical to hear some old fart prattle on about socialism ruining America and Europe being in tatters when you're going to University and it costs 8000 for a masters in comp-sci. No debt for me!

      We have the highest quality of life in the entire world and we got it by helping our fellow man. I'm glad to pay those big taxes because I'm surrounded by the riches they've wrought. That's a lesson I won't soon forget - and everyone coming after me will be better off for it.

    34. Re:Are these people insane? by MikeBabcock · · Score: 1

      Except the Newton IP is owned by Apple which doesn't help with the "don't sue" concept.

      --
      - Michael T. Babcock (Yes, I blog)
    35. Re:Are these people insane? by knarf · · Score: 1

      Or like any laptop/notebook screen? Or like many flat screens? What is a tablet after all but a computing device in a screen form factor?

      I'm typing this on a salvaged HP DV6000. If you chop off the screen and stick a fruit on the back it might be taken for one of those trendy pad-things.

      Verdict: Jobs Inc. is still full of it, they have learned zilch from those heinous look&feel lawsuits. They might have success, but they are losers.

      --
      --frank[at]unternet.org
    36. Re:Are these people insane? by Anonymous Coward · · Score: 0

      That's a good analysis of the Merit of the case. But I don't really care for legalese. What is more interesting is why apple decided to sue samsung now.

      1. Out of all the hardware designers ive seen samsung makes the best looking gear.
      2. The galaxy s2 looks too much like the iPhone 4 and the iPhone 5 is going to keep tHe same style this year.
      3. Apple has secured enough suppliers to break from samsung
      4. Apple doesn't want the samsung tabs to come out.
      5. Samsungs entry into the android business is what catapulted android adoption (google visualization)

      I don't think apple needs to win this. I think it's a message to samsung that apple will be their enemy if they do touchwiz.
      If samsung releases the s2/touchwiz3.0 I think apple will sue more. This might lead to a huge war with samsung.

    37. Re:Are these people insane? by Anonymous Coward · · Score: 1

      Here is a link to the LE1600 Slate, came out in 2005 and ran XP Tablet Edition:
      http://www.youtube.com/watch?v=OrTWxqgALmo

      It looks a lot like an ipad, but came out a few years beforehand. I remember seeing a lot of slates before 2005 as well.
      .

    38. Re:Are these people insane? by Gadget_Guy · · Score: 3, Insightful

      Still though, you can't help but feel a twinge when you see where phones were in 2006 and 2007, see where they are now, see when the change happened and what form it took, and know that the group responsible for the change is supposed to take it well or else get lambasted by people the world over as bullying.

      And yet when the iPhone was announced, there were rumours abound that LG would sue Apple due to the similarities of the iPhone with the LG Prada. (Ooh, look! Rectangular with rounded corners!)

      I don't think that Apple did steal LG's design, it is just that both the products were natural evolutions of the technology of the time. The iPhone was not the completely radical, unprecendented game-changer that a lot of people like to suggest.

    39. Re:Are these people insane? by FTL · · Score: 1

      Here's what the predecessor of the iPad looked like, it was called the PADD:
      http://memory-alpha.org/wiki/File:PADD_2370s.jpg

      Rectangular with rounded corners.

      --
      Slashdot monitor for your Mozilla sidebar or Active Desktop.
    40. Re:Are these people insane? by flimflammer · · Score: 2

      Surely you jest.

      You actually think everyone who owns Apple products are all highly educated? What on earth gave you that idea?

    41. Re:Are these people insane? by Anonymous Coward · · Score: 0

      I think it's that restaurant that doesn't charge 45% of their customers anything. In fact, they even pay some of the customers.

    42. Re:Are these people insane? by BitZtream · · Score: 2

      The iPhone was not the completely radical, unprecendented game-changer that a lot of people like to suggest.

      Really? Than what do YOU attribute to the fact for the fact that the smart phone world is drastically different than it was pre-iPhone and that it changed pretty much on the day the iPhone was available (arguably, the change started when the TV commercials did)

      No one particular component of the hardware my be a game changer, but its really retarded to suggest that it didn't flip the industry on its head when it came out.

      You're missing the forest for the trees.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    43. Re:Are these people insane? by im_thatoneguy · · Score: 1

      Well these were released in like 2005:

      http://www.tabletkiosk.com/products/sahara/i400s_pp.asp

      Not exactly the same as an ipad but pretty close.

    44. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Holy crap! I hope they don't sue Ikea too. My dinner table fits exactly that description.

    45. Re:Are these people insane? by Coolhand2120 · · Score: 1

      The word "tablet" existed before Apple made the iPad, and it described what a tablet looks like eons before the iPad existed. Technology is becoming compact enough that a tablet computer is starting to look more like a tablet. And as far as prior ideas go... Ever see any science fiction movie ever? Maybe Apple can sue Moses for coming down from the mountain with his copyright/patent infringing tablets.

    46. Re:Are these people insane? by dwillden · · Score: 1

      Simple, the iPhone wasn't a technological leap. Rather a usability leap and a marketing coup d'etat. All the capabilities of the iphone were already out there, just not all in one device. The iOS was a small push forward, and it wasn't really that big a push. What really happened was all the faithful iPod users/fanbois deciding they wanted the reliable functionality of the iPod in their phones, and thus all going out and getting iPhones. This demand did drag the rest of the industry forward, forcing a wide scale adoption of the touch screen interfaces and virtual buttons (aka icons) versus the more common physical keypads and menu navigation (which was still already often done with icons). What else about the iPhone was so revolutionary, the camera was crap compared to the competition, the network was standard GSM and so on. Touch screens were not original either. It was put together in a decent form factor but the big selling point was the apple logo on the back.

      Anyone claiming the iPhone was some technological breakthrough or leap is flat wrong, it was a marketing revolution not a technological revolution. And is owed entirely to the rightful success of the iPod as a stable, easily used mp3 and later video player.

      --
      I'm too lazy to compose a creative sig.
    47. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Apparently these people never saw ST:TNG. Other than the selection of black for the border of the display, what's the non-obvious design difference again?

    48. Re:Are these people insane? by YouWantFriesWithThat · · Score: 1

      from where I am sitting it changed on the day that the first Android device shipped. the iPhone was lacking so many features that made my dumbphone useful that I couldn't ever see downgrading to the original iPhone. no, for me the real revolution was when someone shipped a device with an intuitive OS that had all the features of the other normal phones at the time, like MMS for one, but that was not until Android was out.

    49. Re:Are these people insane? by horza · · Score: 1

      You can see a customs official confiscating some iPad knock-offs here, after being commanded by Jobs.

      Phillip.

    50. Re:Are these people insane? by Anonymous Coward · · Score: 0

      What restaurant will drive out in a Goddamn firetruck and extinguish your burning house?

    51. Re:Are these people insane? by dave562 · · Score: 1

      I'll do you one better. In the mid-1990s I participated in market research on LCD monitors while they were still being prototyped. There were numerous variations on display, and among the physical qualities they asked us to evaluate were our preferences for thin or thick bezels, and sharp or rounded corners. To the best of my knowledge, I don't think that Apple paid for that research. Maybe the LCD consortium that put it together should sue Apple for stealing their research.

    52. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Ever See Star Trek, with the PADD?

      Rectangular, Rounded corners, touch activated...

    53. Re:Are these people insane? by dave562 · · Score: 1

      I know I'd be angry if I came up with a design that impacted an industry as much as the iPhone did, only to have every product in the industry look like what I had come up with just a year or two later. And since people are so prone to forget, you'll hear them saying, "Well, duh. That's obvious. How else would it be?" when talking about innovation after it happens, completely forgetting that a mere 3-4 years prior there was no product that resembled what every product looks like today.

      When I read what you wrote here, I'm reminded of the Motorola flip phones. As far as I remember, Motorola came up with that form factor, but soon enough they were ubiquitous. I do not know the answer to this one, but did Motorola patent that design? IMO, if Motorola was able to patent the flip / clam shell style phone, Apple should be able to patent the touch screen, iPhone-esque form factor.

    54. Re:Are these people insane? by kenshin33 · · Score: 1

      rumored to be touchwiz 4, no?

    55. Re:Are these people insane? by poptix_work · · Score: 1

      I attribute the difference to available technologies and miniaturization of various components. My handspring prism what a great mobile, touchscreen, computing device. Due to the size of components you had to choose if you wanted wifi, GSM, or more memory in the expansion slot.

      Same goes for my Treo 650 which was slightly faster and had built in most of those components.

      If there was anything "game changing" about the iPhone it was simply that it was *one* of the first devices of the latest generation to use all the latest miniaturized components in a single device and sell it at a subsidized price the masses could afford.

      I have no doubt that various companies had (and have) next-gen hardware already in beta that hasn't been released simply because consumers wont be able to afford it yet... look at the awesome oped flexible displays Samsung has been showing off for a great example.

      --
      Just because you disagree doesn't make it offtopic or flamebait.
    56. Re:Are these people insane? by dudpixel · · Score: 1

      heh, I just realized how much my DELL monitor looks just like an ipad.

      hello? Apple? oh crap.

      --
      This seemed like a reasonable sig at the time.
    57. Re:Are these people insane? by Anonymous Coward · · Score: 0

      LG Prada Dec 2006 http://en.wikipedia.org/wiki/LG_Prada_(KE850)

    58. Re:Are these people insane? by dudpixel · · Score: 1

      so what if they copied? its not illegal to base your product on someone else's, provided you dont ACTUALLY copy the designs.

      Plenty of cars look very similar to other cars, and in some cases designers obviously take cues from others' work.

      However, simply copying an idea is not illegal.

      So they are not claiming copyright issues - because you cannot copyright an idea.

      Notice the use of patents in this case. Software patents are the industry's replacement for copyrighting ideas. Companies use patents to stifle competition...this is just another such case.

      Why should apple care if Samsung copied the overall appearance? There are still obvious differences so any copying isn't verbatim. And the sizes of the devices are different too.

      Its not hurting apple's brand at all - its just a ploy to hurt their biggest competitor.

      --
      This seemed like a reasonable sig at the time.
    59. Re:Are these people insane? by Anubis+IV · · Score: 1

      Who said anything about legality? I talked about twinges and ideal worlds, not the messed up system we have now. ;)

    60. Re:Are these people insane? by kevinmenzel · · Score: 1

      I know the numbers don't back it up, but almost exclusively, the form factor my friends look for in a smartphone, is that of the Blackberry Bold/Curve. It's what my friends who work use, it's what my friends who go to university use, it's what my friends in high school buy as their first smartphone. The number of android users I know - 1. The number of iPhone users I know - I think it's 5 though that's changing to 4 soon, and used to be 6. I'm sure that one consideration is cold winters - physical keyboards are nice, and you don't have to mod your gloves or buy special gloves. It's a selling point in a climate where it's been snowing this past weekend. As for the people who had iPhones, they are moving to Blackberry because they perceive the actual quality of the Blackberry as a phone to be better, and they want to move away from a touchscreen keyboard for communication purposes. The current form factor of the curve/bold is still fairly similar to the 8800 from before the iPhone came out, and the 8800 is not that different from older Blackberry models. So what I can see among my circle of friends? For the most part, the iPhone changed absolutely nothing. I see the same form factor in use on the train everyday, I see the same form factor used by the students at my school... yeah it's probably confirmation bias, but there you have it. A pre-iPhone smartphone concept that has lasted to this day - with new models yet to be introduced to the market, still based on the essentially same concept.

    61. Re:Are these people insane? by petman · · Score: 1

      5. Samsungs entry into the android business is what catapulted android adoption (google visualization)

      I don't see that from where I'm sitting. I googled visualization, but I don't know what you think I'm supposed to find.

    62. Re:Are these people insane? by Gadget_Guy · · Score: 1

      Surely the onus is on you to prove this claim that the smart phone world is drastically different than prior to the iPhone. In what way was it different? Do you mean technological advancement, or just that there was an explosion of people using smartphones?

      If you mean the latter, then I attribute it to the Apple factor. The massive marketing machine and the fanbois (including in the media) who seem to assume that if Apple do it then it must be the first and the best of its kind (simultaneously).

      As for technological advancement, the iPhone was not the first phone to use the full screen form factor. It was not the first phone to have decent communications (email, web browser). It was not the first phone to have connectivity to a PC. It was not the first phone to play music (some other phones even had radios built in). It was not the first phone to be able to load third party apps.

      It did have a nice screen (although once the keyboard is up the space left is woefully small), and the immediacy of the scrolling interface is a joy; although it is based on the work done by others - including Microsoft Research's work that was popularised by the film Minority Report and which led to the Microsoft Surface.

      So it really was just the natural evolution of the phone which followed the trends that other companies had started.

    63. Re:Are these people insane? by Anonymous Coward · · Score: 0

      When you can't beat them sue them to delay them.

      Apple know they are falling behind Android sales and Samsung are one of the biggest Android phone manufacturers.

      To argue rounded edges shows how desperate Apple are. As the old saying goes, Form Follows Function and phones go in pockets, therefore they have to have rounded edges and basically be flat and if Apple wants to still argue rounded edges etc.. then Nokia has prior art on Apple. But then rounded edges on things in pockets is nothing new.

      If Apple want to argue icons, then Xerox has prior art on Apple. (Worse still for Apple, Pictograms have 5000 years of prior art on Xerox). The point is, Apple are suing Samsung to try to delay them. They won't win, but they are showing how desperate they are. They know (and everyone can see from sales figures) Android sales are overtaking Apple.

    64. Re:Are these people insane? by Stuarticus · · Score: 1

      Yeah, a smartphone that actually worked wasn't a big leap at all, that's why Symbian is still doing so strongly in the marketplace! Stupid Apple, will they never learn how to properly innovate, like with xbox live integration or something?

      --
      If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
    65. Re:Are these people insane? by rjstanford · · Score: 1

      And not one of those would be confused for an iPad when sitting in a retail store. That's the difference - if you look at the pictures in the suit, the Samsung products in question appear identical-enough to both the drawings in the patent and to the finished Apple products that, without close examination, you'd mistake the one for the other. Hence the lawsuit.

      To use a car analogy, its the same reason that Chevy can't sell a "Horse" car that looks exactly like a Mustang but with a bowtie logo on it, even though "Two doors and a long hood are obvious," without getting the crap sued out of them by Ford.

      --
      You're special forces then? That's great! I just love your olympics!
    66. Re:Are these people insane? by rjstanford · · Score: 1

      so what if they copied? its not illegal to base your product on someone else's, provided you dont ACTUALLY copy the designs.

      Plenty of cars look very similar to other cars, and in some cases designers obviously take cues from others' work.

      In this case it would be as if Ford released a car that looked like the 'Vette, so close that everyone thought it was one, but with a small blue oval logo on it. Which they wouldn't be able to do. There's a difference between using the concepts (2 doors, stubby trunk, long hood, etc - or capacitive touchscreen, full glass front, etc) and creating a product that looks exactly the same to a layperson. There are plenty of "iPhone concept" phones that aren't iPhone clones. This one arguably is.

      --
      You're special forces then? That's great! I just love your olympics!
    67. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Jazus, where to start, you have to be the most deluded iHater around here.

    68. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Just take of look at cars.
      Or wintel laptops

      Obviously close copying is not illegal in those industries.

    69. Re:Are these people insane? by dancingmad · · Score: 1

      I'm an Apple fan and a user (though a realistic one). Rush Limbaugh is an Apple user. Not everyone who uses one is highly educated.

      --
      "There is no time, sir, at which ties do not matter," Jeeves, (Jeeves and the Impending Doom)
    70. Re:Are these people insane? by worx101 · · Score: 1

      The only places where this has worked are Nordic countries, my guess is because of their cultures. It seems everywhere else that has tried to institute these types of laws are having crisis with budgets/destroying their economies

    71. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Still though, you can't help but feel a twinge when you see where phones were in 2006 and 2007, see where they are now, see when the change happened and what form it took, and know that the group responsible for the change is supposed to take it well or else get lambasted by people the world over as bullying.
      [...]

      That is quite daft to be honest.
      The step to a handheld device was just natural and has been depicted since the early 50s. Palm or Blackberry made steps in that direction and then had
      expectations and requirements they had to meet with the following devices since their customers expected that.
      So greater innovation could only come from a company that did not have those restriction. That happened to be Apple. Although they only added phone functuality to their iPod.
      What I regret is that Apple infact did the first Step because that means the benchmark is a bit dumbed down.
      Another company would have made a more useful and versatile device - alas thats water under the bridge we are stuck with it.
      Also I'd like to point out how simple minded your last statement is... that is the same like saying all VCR looked alike.

    72. Re:Are these people insane? by snadrus · · Score: 1

      All consumer devices marketed to children should have rounded corners. It's basically law.
      All computer display screens ever were rectangular.
      My '95 Toshiba laptop is black.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    73. Re:Are these people insane? by SoupIsGoodFood_42 · · Score: 1

      Have you seen some of Samsung's phones? At least one looks like a rip-off of the iPhone. I don't understand why they don't want to develop their own design identity.

    74. Re:Are these people insane? by SoupIsGoodFood_42 · · Score: 1

      GUI design is more about technology than marketing.

    75. Re:Are these people insane? by Troed · · Score: 1

      ... and many forget when it began. In 2002.

      Sony Ericsson P800 - http://www.flickr.com/photos/andyrkett/4368260369/

    76. Re:Are these people insane? by Troed · · Score: 1
    77. Re:Are these people insane? by Methuseus · · Score: 1

      No, we need 10 times the rest of the world combined. That's why spending is so high.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    78. Re:Are these people insane? by sootman · · Score: 1

      Ask yourself this simple two-part question:

      1. What did Samsung phones look like before January 2007? (Not a perfect negative filter but you can get the idea)
      2. What do they look like now?

      Similarly, compare tablets before the iPad to what's on the market now.

      IANAL but this lawsuit specifically deals with "trade dress" among other things.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    79. Re:Are these people insane? by Anonymous Coward · · Score: 0

      HTC was producing smartphones with all the features of the Iphone, they just weren't as slick as the iphone before the iphone was an idea in job's mind; Anyone remember Palm? Or how about the Ipaq, both of these devices constitute prior art where the Iphone is concerned. Yes it's a "Fashonable" form factor but did IBM ever sue clone producers of the PC? (Upon which the dominance in the market was built?)

    80. Re:Are these people insane? by Anonymous Coward · · Score: 0

      Seriously, Apple copied Samsung with the design.

      http://i.imgur.com/aLGOQ.jpg

      And there were similar phone designed used in the Asian market for years before the iPhone was.

      Here's an LG phone also announced at the same time as the iphone.

      http://www.gsmarena.com/lg_ke850_prada-1828.php

      HTC:

      http://www.gsmarena.com/htc_p3400-1885.php - about the ame time

      http://www.gsmarena.com/htc_p3600-1694.php - 2006

      http://www.gsmarena.com/htc_p4350-1781.php - 2006

      O2: http://www.gsmarena.com/o2_xda_neo-1522.php - 2006

      http://www.gsmarena.com/o2_xda_iis-933.php - 2004!

      Gigabyte:

      http://www.gsmarena.com/gigabyte_gsmart_i_(128)-1758.php - 2005

      HP:

      http://www.gsmarena.com/hp_ipaq_h6325-1310.php - 2004

      Apple does not own "rounded edges", not a districtive shiny black colour, nor a home button in the middle bottom.

      It's all prior art and if Apple wasn't such a pointlessly litigious company I would probably own an iPhone, instead I own a Samsung. At least it can run Java without jailbreaking it.

    81. Re:Are these people insane? by dudpixel · · Score: 1

      In this case it would be as if Ford released a car that looked like the 'Vette, so close that everyone thought it was one, but with a small blue oval logo on it.

      That's the issue - the galaxy S is easily distinguishable. It has rather large SAMSUNG branding - in a place where the iphone has nothing, and different shaped buttons, different coloured edging, its a completely different size, the back is shaped very different, and uses different material.
      Its lighter, the screen is different (they used the same glass as the iPhone 4 not the 3GS, and the iPhone 4 isn't the one they're complaining about).

      They're picking on the more generic parts of the phone - ie. the basic shape - which literally is a rounded rectangle. And the edging - which is necessary in order to house the glass front etc.

      But the worst part about it all is that they've ignored it until now. And they've ignored the million other apple device knock-offs that come out of china.
      Going after something like this only once the product is successful is just wrong, and in my opinion it is acting with evil motives, rather than what they claim.

      --
      This seemed like a reasonable sig at the time.
  3. any Apple fanboy want to support this lawsuit? by Hazel+Bergeron · · Score: 2

    Please, anyone at all? How on earth is this reasonable?

    1. Re:any Apple fanboy want to support this lawsuit? by chemosh6969 · · Score: 5, Interesting

      There was a comment in the cloud article that Apple doesn't do this sort of thing. I found it amusing reading that comment and then this article in the same day.

    2. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      More reasonable, at least, than your strawman of the stereotypical frothing-at-the-mouth, Apple fanboy. Funny, I see a lot of people bashing Apple and this lawsuit, but no fanboys yet...at least not the pro-Apple variety.

    3. Re:any Apple fanboy want to support this lawsuit? by Hazel+Bergeron · · Score: 1

      A man who spends too long looking in the mirror eventually fails to notice himself.

    4. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      No. Not really. This is stupid.

    5. Re:any Apple fanboy want to support this lawsuit? by phonewebcam · · Score: 1

      When Apple was smartphone king, just a couple of short years ago, it wouldn't have dreamt of this. Now its lost the war it's just resorting to the desperate tactics m$ deploys to start with, seeing as they never had any market share to speak of and never will.

    6. Re:any Apple fanboy want to support this lawsuit? by Nethemas+the+Great · · Score: 1

      Why does it have to be reasonable? What universe were you born into?

      --
      Two of my imaginary friends reproduced once ... with negative results.
    7. Re:any Apple fanboy want to support this lawsuit? by NotAGoat · · Score: 1

      It's not that they're copying the packaging, or the icons, or the borders, etc. It's that the sum total results in a phone that takes on much of the appearance of the iPhone.

    8. Re:any Apple fanboy want to support this lawsuit? by UnknowingFool · · Score: 2

      What Apple is complaining about in detailed legalese is that the Samsung Galaxy i9000 looks too much like the iPhone. In some specifics, Samsung appears to have copied the same icons that Apple uses. Do a google image search on the Samsung Galaxy i9000. At first glance, you would think it is an iPhone. Unlike the summary suggests, Apple cannot sue other Android manufacturers for the same thing as they did not seemingly copy the iPhone look. Motorola, HTC, LG, etc all appear to differentiate themselves by making their screens distinctly different than the iPhone (and each other). If you look at any of those Android phones compared to an iPhone, it is apparent right away which one is the iPhone and which one is not.

      This is not the first time that Apple has sued another company for copying their look and feel. They were not successful with MS, but they were successful with eMachines. Back when Apple released their first iMacs, eMachines soon after released an all-in-one PC eOne that looked remarkably similar to the iMac copying even the translucent blue.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    9. Re:any Apple fanboy want to support this lawsuit? by PipsqueakOnAP133 · · Score: 2

      Pretty simple. Yeah. Look at it. Seriously, look at it.

      ASOP, Sense, and Blur don't have the grid/dock layout that Samsung uses.

      The G1, the Droid 1/2, and N1 hardware all look significantly different from the iPhone: like keyboards, trackballs, sharper edges on some, rounder edges on others.

      The Droid X is thinner plus a bump to support that allows them to house a better camera than the iPod Touch.

      Seriously, if it wern't for the lack of gloss on the icons, and the subtle extra buttons on the front, the Samsung really does look like an iPhone clone.

      Speaking of which, the Samsung Nexus S looks like a clone of the HTC Magic, except the NS has crappier buttons.

    10. Re:any Apple fanboy want to support this lawsuit? by Penguinoflight · · Score: 1

      I'm pretty sure I saw two buttons on the galaxy i9000...

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    11. Re:any Apple fanboy want to support this lawsuit? by RyuuzakiTetsuya · · Score: 2

      I was facepalming over this until I saw some side by sides linked from Daring Fireball.

      Sauce 1

      Sauce 2.

      I didn't give a shit until I saw the dock ripoff on the Samsung devices. that's just fuggin' blatant.

      --
      Non impediti ratione cogitationus.
    12. Re:any Apple fanboy want to support this lawsuit? by narcc · · Score: 2

      When Apple was smartphone king, just a couple of short years ago

      It's funny how even people with access to the data still believe this. Apple has never been "king" of the smartphone market -- they've always been behind RIM. Sure, they get all the press and have undoubtedly been responsible for the explosive growth in the smartphone market, but they've never managed to reach the #1 spot.

    13. Re:any Apple fanboy want to support this lawsuit? by 517714 · · Score: 1

      Apple long ago established that one button is superior. ;)

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    14. Re:any Apple fanboy want to support this lawsuit? by shutdown+-p+now · · Score: 1

      In some specifics, Samsung appears to have copied the same icons that Apple uses.

      Can you point out the specifics? Looking at images in Google Search, it seems that Galaxy is only similar to iPhone (as far as icons go) insofar as all its icons are rectangular - looking at screenshots closer, it seems that they use stock Android icons, but draw a semi-transparent rectangle behind them as a filler. I don't see any matching or similar images, however.

    15. Re:any Apple fanboy want to support this lawsuit? by gutnor · · Score: 1
      Actually, a few years ago, we were told that big companies like MS, Apple, IBM and many others were just keeping a massive patent portfolio for defense against patent troll. (or did we delude ourself pretending that the big corp had some moral value?)

      Seems like times have changed - now it seems that every company is suing all others with dubious patent.

    16. Re:any Apple fanboy want to support this lawsuit? by UnknowingFool · · Score: 1

      How about the green phone icon? Wasn't that obvious enough?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    17. Re:any Apple fanboy want to support this lawsuit? by shutdown+-p+now · · Score: 1

      Okay, you found one. The rest of it looks different to me - unless you go after the overall "grid of icons with common actions toolbar at bottom" look and feel, which has been a part of smartphones for ages.

    18. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      Yes me too!

    19. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      The USPTO issued a patent. Seems pretty clear cut to me. At least Apple tends to use many of their patents in real products and don't just patent troll in the Eastern district of Texass.

    20. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      I'm going to Godwin this: Even Hitler had his good sides.
      Things are never black/while in nature. With the exception of quantization in physics that means: Never ever.

      That would be the argument of a fanboi.
      To be honest, if I had a 100% guarantee to get away with it, I'd impale all Apple employees/bosses and fanbois in front of my building, let them slowly rot, and not even blink.
      Then again, the same is true for MS, Monsanto, Haliburton, Eli Lily, Fox News, all intelligence agencies, militaries and other soulless conglomerates of industrial feudalism.

    21. Re:any Apple fanboy want to support this lawsuit? by pantherace · · Score: 1

      I'm sorry, but having used a Zaurus (my SL-C1000 recently died) there is little difference in the UI from Apple's, and the first ones appeared about 2003 (Actually probably a bit sooner, considering the SL-5500 I grabbed has a Rom 3.13 build date of Jul 2 2003, and I got one as a birthday present, which wouldn't have occurred in 2003 yet.):

      The dock actually isn't that new, the only thing that's 'new' about it is bringing it on screen vs dedicated buttons. (And even on the Zaurus, with I think the 3.1 rom, the button's actions could be changed, so even configurable isn't anything new.

      There are very very minor differences:
      Tabs are smaller, and accessed via swiping the screen vs taping the icon.

      There weren't any universal graphical icons at the bottom on Qtopia. However, there were universal physical buttons. (see above)

      Lack of a universal way to get to the icons, via the start menu-like construct in the lower left of Qtopia, granted, that bar holds the notifications and similar, and has been moved to the top of the screen of both of the two new UIs under discussion.

      Hardware: Stylus & finger vs finger-only. While it allows for a few things like multi-touch, capacitive touch screens suck in a lot of ways, and now resistive touch screens are starting to support multi-touch.

      Hardware: Multiple-touches. that does give a bit of difference, but considering it's mostly used in photos and maps, wouldn't I wouldn't have interacted much with the Zaurus/Qtopia equivalents, as I didn't have any GPS equipment.

      Also note, that most of these are present in (Original) Palms, which would push them back further in time, but I didn't use Palm much. The Palm also had the hardware buttons like the dock. (Actually had some in the touch sensitive area around the graffiti area)

      Having something like the dock on screen is simply a consequence of reducing physical buttons.

    22. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      Chart of who is suing who in mobile. It's war out there and the gloves are off. What is amusing is that people are only bitching about Apple like the little hypocrites they are.

    23. Re:any Apple fanboy want to support this lawsuit? by Carewolf · · Score: 1

      It's funny how even people with access to the data still believe this. Apple has never been "king" of the smartphone market -- they've always been behind RIM. Sure, they get all the press and have undoubtedly been responsible for the explosive growth in the smartphone market, but they've never managed to reach the #1 spot.

      Well, they actually beat RIM. They never reached number #1, because that used to be Symbian, which is now #2, with #1 being Android. Apple is third, and was at their prime #2 with around 1/10 of the market-share of Symbian, but easily beating RIM.

    24. Re:any Apple fanboy want to support this lawsuit? by Anonymous Coward · · Score: 0

      Here it is:

      http://hardware.slashdot.org/comments.pl?sid=2087770&cid=35851074

      Modded +5 too.

    25. Re:any Apple fanboy want to support this lawsuit? by UnanimousCoward · · Score: 1

      Yes, I'm a fanboi, so help me out here with my lack of objectivity. IMHO, there's just something wrong with the similarity in phones in this picture in this article and others: http://onlygizmos.com/apple-shoots-a-lawsuit-samsung-promises-response/2011/04/

      I mean, even the phone icon is the same color? And favorite grouping look and feel? The only major layout difference I see is the page control is on the top of the Samsung device as opposed to the bottom on the iPhone.

      I'm not in agreement with the petty pieces of the suit, but I have a pretty strong reaction to the blatant copying as shown in this example.

      --
      Twelve-and-three-quarter inches. Unyielding. This wand belonged to Bellatrix Lestrange.
    26. Re:any Apple fanboy want to support this lawsuit? by ajo_arctus · · Score: 1

      I don't think a single Apple fan cares about the shit that goes on between corporations, even when it's Apple. Nobody can defend this kind of stuff. It's just the way things are, and it's sad. It needs to change, but it's hard to see how. Certainly it will require somebody with incredible vision and a powerful dream, somebody who really wants to change the world for the better. The trouble is, 99% of American's would call that person a communist and they'd be shot down before they'd even begun.

    27. Re:any Apple fanboy want to support this lawsuit? by narcc · · Score: 1

      GP was talking about the Smartphone market.

    28. Re:any Apple fanboy want to support this lawsuit? by RyuuzakiTetsuya · · Score: 1

      Having a little section on the bottom for quick app selection isn't the problem, it's that the whole UI looks ripped off from the iOS UI. The dock area was what tipped me off to what Apple was complaining about.

      --
      Non impediti ratione cogitationus.
  4. Inexcusable! by Renaissance+2K · · Score: 5, Insightful

    An iPad is the only device on the planet allowed to have a rectangular shape and rounded corners!

    1. Re:Inexcusable! by Haedrian · · Score: 2

      Yeah, all other tablets should have a parallelepiped shape.

      I can't think of any other natural shape for a tablet to be honest...

    2. Re:Inexcusable! by Renaissance+2K · · Score: 1

      Surely, trapezoidal tablets are the wave of the future... until somebody patents trapezoids, too.

    3. Re:Inexcusable! by dopehouse · · Score: 1

      But you still can't have rounded corners. Because, if you hold the trapezoidal tablet with rounded corners in the wrong view-angle infront of your eyes, it can become an "rectangular design with rounded corner" again.

    4. Re:Inexcusable! by darien.train · · Score: 1
      --
      I don't know how many years on this Earth I got left. I'm going to get real weird with it. - Frank Reynolds
    5. Re:Inexcusable! by Anonymous Coward · · Score: 0

      At this point, android tabs should be made out of steel, built into an axe-like shape, and given a screw thread mount for a handle, to allow the users to cut down hipsters.

    6. Re:Inexcusable! by need4mospd · · Score: 1

      Ford to sue Chevy for producing cars with "4 wheels, headlights, and seats."

    7. Re:Inexcusable! by Anonymous Coward · · Score: 0

      I am sorry, but I am going to have to sue you, slashdot, apple, samsung, and everyone else for infringing on my patent of "latin alphabet."

    8. Re:Inexcusable! by elashish14 · · Score: 1

      I know! What if they instead adopt a square shape instead of an arbitrary rectangular one, and make the arc of the corner extend to the midpoint of each edge? This would give it a distinct, radially symmetric shape which could, in theory, allow the object to exploit its inertia against some surface to create a frictional force which would allow it to transport itself across some distance, while its radially symmetric shape would prevent a loss in momentum due to a normal impact against said surface.

      One could then consider attaching another such device via some connecting cable or other solid body. Two of these such devices could then support a platform between them with some load which could be transported using the superior kinematic properties allowed by the shape of this rounded square. One would then have achieved a device (as filed in a separate application) capable of carrying arbitrary objects with non-negligible mass across some distance with significantly reduced input work.

      Wow. Apple is truly enabling innovation!

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    9. Re:Inexcusable! by Anonymous Coward · · Score: 0

      I have a rectangular shape and rounded corners, you insensitive clod!

    10. Re:Inexcusable! by Anonymous Coward · · Score: 0

      I guess that my tablet of paper infringes on apples patent, it has the same rectangular shape and size, and the same rounded corners. Or is it apple infringing on the paper manufacturers patent? Since, paper is definately older technology. I guess my point is that apple should not be able to claim this as part of their mark, because it is too ambiguous and generic.

    11. Re:Inexcusable! by rjstanford · · Score: 0

      Ford to sue Chevy for producing a car that looks exactly like the Mustang down to the radio controls, but with a bowtie logo on it.

      FTFY

      --
      You're special forces then? That's great! I just love your olympics!
    12. Re:Inexcusable! by sznupi · · Score: 1

      Daimler might have better chances of making that work... (chances still being very nearly 0 of course)

      --
      One that hath name thou can not otter
    13. Re:Inexcusable! by Maritz · · Score: 1

      There is a lot more scope for variation in car design than in touchscreen phone/tablet computer design, IMHO. For that reason I think it's a weak analogy. The green phone thing is a bit over the top, I'd agree.

      Wasn't one of the Apple-HTC patent claims along the lines of 'performing an unlocking gesture on an unlocking graphic'? This is the kind of thing that is specifically aimed at stunting competition rather than protecting their brand. How else do you naturally lock a touchscreen phone?

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  5. Fuck apple. by unity100 · · Score: 4, Insightful

    Yeah. fuck them. its as elaborately as can be put. "Hey, you cannot use our moving-your-hand-to-right-to-move-a-page-right" 'innovation'. because, well, millions of fanbois have pumped up our control freakness by obliging with everything we did to them, and we think everyone will do the same.

    1. Re:Fuck apple. by Anonymous Coward · · Score: 0

      I think it's just big business man. It's in fact how the world works.

    2. Re:Fuck apple. by Anonymous Coward · · Score: 0

      Steve, please stop frothing at the mouth. It's not good for your liver.

    3. Re:Fuck apple. by Anonymous Coward · · Score: 0

      All fucking companies sue each other for these sorts of stupid fucking reasons.

      That still doesn't make it ok. You admit that it's a stupid "fucking" reason that Apple is suing over so why would you back their position unless you are just a blind shill?

    4. Re:Fuck apple. by unity100 · · Score: 1

      it is 'big business' only because endless cohorts of fans and the public let them get away with it.

  6. The Rosetta Stone! by Nemyst · · Score: 5, Funny

    It's got rounded corners, it's black, it's rectangular, and it's a tablet.

    Beat that, Apple.

    1. Re:The Rosetta Stone! by Duradin · · Score: 1

      It's not naturally black, it's probably not a rectangular shape in its original undamaged shape (tapered), and it's a stele, not a tablet.

    2. Re:The Rosetta Stone! by Sponge+Bath · · Score: 5, Informative

      Jobs is suing God for the ten commandments (on rectangular tablets) and burning bushes (a method of using shiny things to mesmerize the impressionable).

    3. Re:The Rosetta Stone! by SnarfQuest · · Score: 1

      It's not naturally black, it's probably not a rectangular shape in its original undamaged shape (tapered), and it's a stele, not a tablet.

      Don't sweat the small details. You can't get everything right. He at least [almost] got one right.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    4. Re:The Rosetta Stone! by John+Saffran · · Score: 1

      What? Jobs is suing himself?

      /sarcasm

    5. Re:The Rosetta Stone! by Anonymous Coward · · Score: 0

      Jobs is suing God for the ten commandments (on rectangular tablets) and burning bushes (a method of using shiny things to mesmerize the impressionable).

      Hahaha!! Jobs would presume to do that much...

  7. Not all IP is the same by Anonymous Coward · · Score: 1

    Trade dress is not the same as patent. I don't see why Apple bothers with the trade dress argument -- it spectacularly failed with Windows.

    1. Re:Not all IP is the same by chemosh6969 · · Score: 0

      If you read the article, it's also citing patents it holds on design "Apple cites patents issued in 2009 and 2010 that cover the physical design of the iPhone along with various trademarks for its app icons."

    2. Re:Not all IP is the same by Anonymous Coward · · Score: 0

      Even still, it's ridiculous that you can patent the look of things. It's not at all revolutionary in any way, just aesthetically pleasing for this decade.

    3. Re:Not all IP is the same by medcalf · · Score: 1

      But succeeded with the original iMac (the semi-transparent one) and, IIRC, eMachines.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    4. Re:Not all IP is the same by Dragonslicer · · Score: 1

      Even still, it's ridiculous that you can patent the look of things. It's not at all revolutionary in any way, just aesthetically pleasing for this decade.

      Design patents and utility patents are different things. Design patents are more similar to trademarks than they are to utility patents.

  8. Has been mistaken before. by Anonymous Coward · · Score: 1

    Saying that, my mum has seen this phone in mobile shops saying they are selling a cheap version of the iphone there so it clearly does have some visual similarities. She isnt the first person who has ever said that to me either.

    1. Re:Has been mistaken before. by mywhitewolf · · Score: 2

      Xerox, Kleenex, Sharpie, etc. Doesn't surprise me that some would call the Samsung Galaxy S an iPhone, some call their cannon photocopier a "Xerox machine" this case should get thrown out, the SGS has completely different hardware to a 3gs. the OS is android so that's hardly Samsungs fault, and the only things that are really similar are overall shape, but when you look closer you can see lots of subtle differences in design. this is like ford building a car and then suing everyone who makes a car that follows the same design layout (steering wheel in front, 4 tires & 4 doors)

    2. Re:Has been mistaken before. by rrossman2 · · Score: 1

      Well shit.. Nissan should sue Ford since so many people mistake the Escape as an Xterra (which came out 1 year earlier)!

      Would you really want a tablet with SQUARE corners so they poke you? A phone with square corners? Heck I have phones older than any iPhone/iPad that have rounded corners, are black, and have a black border.

      I guess all the TV makers should sue each other since, if you removed the Brand Name off of them, people would easily mistake a Sony for a Samsung for an LG for a Philips, etc.

    3. Re:Has been mistaken before. by rrossman2 · · Score: 1

      Or vice versa (Xterra as Escape)

    4. Re:Has been mistaken before. by slapout · · Score: 1

      So your mum recognized that it was not an iPhone.

      --
      Coder's Stone: The programming language quick ref for iPad
    5. Re:Has been mistaken before. by ArsonSmith · · Score: 1

      I think this is why the Motorola Android tablet Xoom isn't doing too well. I often find my self calling it an ipad giving free marketing to apple. Calling it a Xoom just doesn't feel like a good name. They should have called it the Droid Pad or the aPad or something. They've built a good brand with Droid why not use it?

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  9. I called it when I saw it by neosar82 · · Score: 5, Insightful

    When my boss bought a galaxy tab I was curious to check it out. I spent about 5 minutes playing with it, handed it back to him, and said, "They're gonna wind up in court over this thing". I'm indifferent when it comes to android vs. ios. I have both a Droid X and an iPhone 4, and I use both every day. I find things about both platforms that are unique and that I prefer to the other. However, when you look at what Samsung did with their UI... It's pretty pathetic to be honest. They literally copied entire app UIs wholesale (even icons). There is no question that you can argue that all mail apps look similar, but this was almost pixel for pixel. They went so far as to make their own UI widgets (instead of the stock android ones) that looked JUST like the Apple ones. I'm not a huge fan of software patents, but there's a difference between similarities in programs that do the same function and literally just ripping off EXACTLY what another company does.

    1. Re:I called it when I saw it by The13thSin · · Score: 5, Insightful

      Yeah, 'cos a grid of app icons was Apple's innovation... Just like a rounded rectangular shaped phone...

      Besides, you can't patent or copyright an idea, just your implementation. Apple is just as guilty (if not more so) of copying other people's ideas as any one else.

      --
      "This should be fun, and by fun, I mean a wholly depressing insight into the cognitive ability of some grown adults."
    2. Re:I called it when I saw it by neosar82 · · Score: 2, Informative

      I didn't mean the shape and arrangement. I meant the icons themselves. As in the artwork.

    3. Re:I called it when I saw it by Anonymous Coward · · Score: 1

      The artwork would be covered by copyright, not patents.

    4. Re:I called it when I saw it by Anonymous Coward · · Score: 1

      Infringing with user interface is something unique to computers - it's the only place where you can't expect the same feature to be in the same place between any two products. To make a car analogy, it'd be like car manufacturers having to put the gas cap on the other side of the car because "it looks too much like ours!"...worse, putting the gas pedal on the other side because "it looks too much like ours!".

      I don't understand how icons became innovative because they had rounded borders and look shiny.

    5. Re:I called it when I saw it by neosar82 · · Score: 1

      Fair enough. I was just pointing out how far they went.

    6. Re:I called it when I saw it by starfishsystems · · Score: 1

      Yeah, but that would be strictly a copyright violation, wouldn't it? Surely it's not possible to claim that the appearance of an icon is protected by patent.

      --
      Parity: What to do when the weekend comes.
    7. Re:I called it when I saw it by neosar82 · · Score: 1

      FTA: In the latest intellectual property suit to hit the smartphone industry, Apple is suing Samsung, alleging the Galaxy line of phones and tablets infringe on a number of the company’s patents and trademarks. I cannot speak to the patent thing all I can say is that the UI widgets, etc. looked EXACTLY like the iPhone in the custom mail app in particular. They specifically mention trademark so...

    8. Re:I called it when I saw it by neosar82 · · Score: 1

      That analogy doesn't work here. It's not like them putting the gas cap on the same side of the car (that'd be the two things doing the same function thing I mentioned in my OP). This is like them putting the EXACT same body on their chassis and slapping their logo on it. At least the specific apps I am referring to (Mail jumps to mind).

    9. Re:I called it when I saw it by DdJ · · Score: 3, Interesting

      There's multiple kinds of patents. In this specific case, I do not believe we're actually talking about "software patents", but about "design patents", which are the same sorts of things that protect the design of fonts or the design of Coca Cola's bottle. A design patent is kinda this thing that falls between copyright and patent in some respects -- it's all about "the ornamental design of a functional item".

      http://en.wikipedia.org/wiki/Design_patent

      Or in other words: it's certainly the case that the appearance of an icon can be protected by patent, if we're talking about design patents.

    10. Re:I called it when I saw it by The13thSin · · Score: 1

      Well it matters since if they didn't actually stole Apple's files which contained the design, they can't claim copyright infringement. They know this, so they are saying Samsung is infringing on their trademark... unfortunately how generation X, Y or Z of iphone's look, couldn't possibly stand in court as their trademark - *especially* because they already ripped of so many others in it.

      --
      "This should be fun, and by fun, I mean a wholly depressing insight into the cognitive ability of some grown adults."
    11. Re:I called it when I saw it by The13thSin · · Score: 1

      Oh and in case you were wondering: the moral of this story is: you [should be/are] allowed to rip off anyone who rips of others... even if your combination of rip-offs is unique to your device.

      --
      "This should be fun, and by fun, I mean a wholly depressing insight into the cognitive ability of some grown adults."
    12. Re:I called it when I saw it by 91degrees · · Score: 1

      If you make an exact duplicate, even if you do so my hand, you can infringe copyright.An identical icon or two might be covered by fair use, of course.

      Personally I'm intrigued about where the trademark argument might go.. If it's actually likely that someone might confuse it with an iPhone then Apple has a case.

    13. Re:I called it when I saw it by Anonymous Coward · · Score: 0

      Yeah, but that would be strictly a copyright violation, wouldn't it? Surely it's not possible to claim that the appearance of an icon is protected by patent.

      This is not about copyright or patents. This is closest to trademarks.

      A trademark is something that you have that is intended to uniquely identify your company, like a logo. Trade dress is similar in that it is a set of things that together make your product unique to the point that someone can look at it and identify it as your product without seeing your logo or any other identifying mark.

      It's not that Samsung made their phone rectangular, with the same ratios as the iPhone 3, chose a curved metal back, a black glass front, used no other colors than black and silver on the case, buttons in the same places doing the same things, made the default background black, replaced Android's icons to look more like Apple's, used similar fonts, arranged the icons the same, put the icons in the same relative places in the grid as the iPhone, changed most of the UI to look more like iOS than Android, or whatever else. It's that they did ALL these things to produce a product which can be pushed to a consumer as just like the iPhone in every way. That's what gets you sued. Courts throw the case out if it's only a couple similar things.

    14. Re:I called it when I saw it by sqlrob · · Score: 1

      What's the T in USPTO?

    15. Re:I called it when I saw it by scot4875 · · Score: 1

      This is like them putting the EXACT same body on their chassis and slapping their logo on it.

      And that is perfectly legal to do. They just can't call it an iPad.

      You want to outlaw knockoffs? Good luck.

      --Jeremy

      --
      Jesus was a liberal
    16. Re:I called it when I saw it by Raenex · · Score: 1
    17. Re:I called it when I saw it by Anonymous Coward · · Score: 0

      you're confusing patents and trademarks, son.

    18. Re:I called it when I saw it by Anonymous Coward · · Score: 0

      Yes, Samsung copied Apple's widgets. Oh wait. Apple doesn't allow widgets. You're just as much of a tool as everyone else who defends apple blindly. Sure, samsung copied things. But it's really not new to use a rectangular shape with buttons at the bottom. For that matter, why isn't apple suing motorola for the Xoom? There are only so many things you can do with a phone, or a tablet. And guess what? they've all been done. Sadly, it wouldn't surprise me to see apple win this. My advice to you is to get over yourself and actually think about what you're saying before you say it.

    19. Re:I called it when I saw it by Anonymous Coward · · Score: 0

      That's a copyright issue, not a patent. Artwork in and of itself is not patentable.

    20. Re:I called it when I saw it by mjwx · · Score: 1

      Yeah, 'cos a grid of app icons was Apple's innovation... Just like a rounded rectangular shaped phone...

      Besides, you can't patent or copyright an idea, just your implementation. Apple is just as guilty (if not more so) of copying other people's ideas as any one else.

      Yes but Apple is allowed to copy other peoples ideas because Apple is an innovator(TM).

      Samsung is not because all Samsung does is develop new technologies in their own labs.

      This was all clearly spelled out in page 3 of the fanboy initiation guide.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    21. Re:I called it when I saw it by im_thatoneguy · · Score: 1

      Agreed. I think this image sums it up pretty nicely:
      http://www.lejournaldelamobilite.com/wp-content/uploads/2010/08/iphone4-vs-galaxy-s-head.jpg

      I don't think Apple should win (especially on the hardware front) but I can definitely support them in giving Samsung the finger in court.

    22. Re:I called it when I saw it by wvmarle · · Score: 1

      This Apple patent may serve as example. Back then I was also wondering at first "how can they patent THAT?".

    23. Re:I called it when I saw it by Anonymous Coward · · Score: 0

      They went so far as to make their own UI widgets (instead of the stock android ones) that looked JUST like the Apple ones

      Since when does iOS have widgets? Or do you mean icons?

    24. Re:I called it when I saw it by kangsterizer · · Score: 2

      I have a Galaxy tab (the 7") a Galaxy S I-9000, an iPhone 3G, 3GS and 4.
      While they do have similarities (3G/3GS,SGS all are rectangular + rounded corners for example, but thats very vague design and most phones are like that by necessity) the UI is quite different - no artwork is reused and while some things are remotely similar, thats FAR from pixel for pixel reproduction.
      In fact, Apple does not even have a similar product to the 7" tab...
      Sure, both use rows of icons.. and that's mostly what's similar.

      The TouchWizz widgets, which are the Samsung UI on both of these devices are native Android widgets and uhm, I don't have those on any iPhone in fact, mostly because it's not supported on iPhone, in case you didn't know ;-)
      The TW launcher difference with regular android is that you can pan from left to right on screen that are persistent (*like the iPhone*) in the apps and the icons are auto squarred... that's.. it

      Also the Droid X is Motorola.

    25. Re:I called it when I saw it by uglyduckling · · Score: 2

      It think a grip of app icons was Apple's innovation, at least in this specific arrangement. Look for a similar phone UI prior to the iPhone, and look at phone UIs after the iPhone. Look at tablets prior to the iPad, and look at them afterwards (hint: this is the kind of "tablet" we've had for the past 5 years at work). We can argue over whether look/feel/arrangement should be protected for some period of time, but it's ridiculous to claim Apple did nothing innovative.

    26. Re:I called it when I saw it by uglyduckling · · Score: 1

      grid, darn it

    27. Re:I called it when I saw it by Waccoon · · Score: 1

      Like when Red Hat ripped off the Windows95 interface, pixel for pixel, including a launcher menu that said "Start?" My memory is a bit fuzzy, but I didn't hear Linux fans raging too much over the blatant Windows rip-offs over the years.

    28. Re:I called it when I saw it by dunkelfalke · · Score: 1

      Well, this is a tablet I had at work for the past 5 years. So much for that.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    29. Re:I called it when I saw it by Combatso · · Score: 1

      you called it? Apple sues competition... Whats your next call? Microsoft sues competition?

    30. Re:I called it when I saw it by Troed · · Score: 1
  10. Yo Dawg by Anonymous Coward · · Score: 1

    So I heard you liek tablets with rectangular designs with rounded corners and black borders, so we put a lawsuit on you.

  11. This is just silly by Halifax+Samuels · · Score: 1

    They may as well be suing them because "their thing has stuff, and our thing already has stuff."

    1. Re:This is just silly by Anonymous Coward · · Score: 0

      They may as well be suing them because "their thing has stuff, and our thing already has stuff."

  12. Flip phone by Qwavel · · Score: 1

    The idea and design of the flip phone is much more unique and sophisticated then a "rectangular design with rounded corners, similar black border and array of icons". Did someone try to patent the general design of the flip phone?

    I doubt it since every seems to make a flip phone and I've never heard of anyone being sued over it. Maybe greater sanity prevailed back then.

    1. Re:Flip phone by Anonymous Coward · · Score: 0

      don't know if Motorola had a patent, but I know they had the trademark "flip-phone" or something like that

    2. Re:Flip phone by wvmarle · · Score: 1

      You can not patent a general design, you can only patent a very specific design.

    3. Re:Flip phone by rjstanford · · Score: 1

      You can not patent a general design, you can only patent a very specific design.

      Which is why Apple isn't suing most manufacturers, but is suing the one whose product looks close enough to both the iPhone and to its patent drawings to be confused at a quick glance.

      --
      You're special forces then? That's great! I just love your olympics!
  13. Tablets remind me of something... by darien.train · · Score: 5, Insightful

    I just can't put my finger on it. http://fortclatsopbookstore.com/shop/images/143_1.jpg

    --
    I don't know how many years on this Earth I got left. I'm going to get real weird with it. - Frank Reynolds
    1. Re:Tablets remind me of something... by Anonymous Coward · · Score: 0

      I just can't put my finger on it. http://fortclatsopbookstore.com/shop/images/143_1.jpg

      Expect to be sued for posting Apple "trade secrets".

    2. Re:Tablets remind me of something... by Anonymous Coward · · Score: 0

      Ooh I like the trendy stylus (with a backup too!) that it comes with. Plus I heard wonders about the incredible data saving accessory it comes with. Wittily called the Eraser, it can save all sorts of handwritten notes, recipes, to-do items, sketches, and so on -- it never gets full.

    3. Re:Tablets remind me of something... by MikeBabcock · · Score: 1

      I was expecting someone to draw out an iPhone interface on an Etch-a-Sketch ;-) But that was good too.

      --
      - Michael T. Babcock (Yes, I blog)
    4. Re:Tablets remind me of something... by Sky+Cry · · Score: 1

      iPad Next Gen.


      Sue me.

  14. That's an iPhone copy! by Talennor · · Score: 2, Interesting

    I've seen fake iPhones that look less like iPhones than that Galazy i9000 in the picture. I was ready to jump on the Slashdot bandwagon and complain about patents and trade dress. But that looks like an iPhone knock off. And seeing that there are competing phones that don't look like an iPhone, I think Apple has a case here.

    --

    //TODO: signature
    1. Re:That's an iPhone copy! by Anonymous Coward · · Score: 1

      It looks like an iPhone in the story because it IS a fucking iPhone. They don't show the Galaxy i9000 until comparison shots, and once they do, it looks nothing like an iPhone.

      Don't worry, this is more Apple patent abuse. You know what it looks like more than an iPhone?

      Any number of similar Android phones. Funny, that.

    2. Re:That's an iPhone copy! by Anonymous Coward · · Score: 0

      I own a Vibrant and the first thing I thought was 'I need to buy a case so this thing doesn't get mistaken for an iPhone'.

    3. Re:That's an iPhone copy! by Patch86 · · Score: 1

      It's a rectangle, with rounded corners. I challenge you to find a single bar-design phone on the market that doesn't fit that description.

    4. Re:That's an iPhone copy! by Anonymous Coward · · Score: 0

      Yeah, because if enough commenters say "it's a rectangle with rounded corners", that will make the suit be just about that one thing, when in reality, the suit is about lots of things, NOT including that.

  15. can code owned by bankers & lawyers save world by Anonymous Coward · · Score: 0

    that, & one less cup of open source coffee per day? once the chosen ones bankers & holycost stock markup shysters are involved, there's not much open, or saving, about it. just a bunch of agnostics who are frequently annoyed that they cannot stop counting everything, &/or keep making it work...more,,, better,,,. the value of the lives we're failing to protect exceeds our own so far, just in numbers. disarm

  16. Routine Patent Defense? by lymond01 · · Score: 1

    I wonder if these suits could be filed with a checkbox marked "Routine Patent Defense" so it doesn't waste everyone's time. I'm guessing it won't make any difference but a company should defend its patents. Or maybe that's trademarks. I'll just go back to mopping floors here...

  17. Re:Really? by Haedrian · · Score: 1

    Its a Tablet.

    How else is it supposed to look? It has to be rectangular, since its the most natural shape. And it has to be thin. If you put sharp edges, it'll feel uncomfortable , so you round them. Simple.

  18. Previous art by Anonymous Coward · · Score: 0

    http://en.wikipedia.org/wiki/Tablets_of_Stone

  19. Xerox by Anonymous Coward · · Score: 0

    Where did Apple get their idea for the mouse, or for the personal computer for that matter? They took it from Xerox.

    1. Re:Xerox by 91degrees · · Score: 1

      The mouse predates the Xerox Windowing system by a long time.

      Apple's GUI wasn't a mere copy of the Xerox system. Apple did a lot of development which was subsequently copied by everyone else.

    2. Re:Xerox by UnknowingFool · · Score: 1

      And Apple paid Xerox with $1M in stock for use of their ideas.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  20. Whatever! by PmanAce · · Score: 1

    I have a samsung galaxy S and my bud here besides me has an iPhone 4. One could say they are similar as in both are phones and have a screen...

    --
    Tired of my customary (Score:1)
    1. Re:Whatever! by yodleboy · · Score: 1

      yeah i was going to say the same thing, i have my galaxy S and i'm looking at the iPhone it replaced. yeah, it's rectangular and shiny. wow. that's so original. i guess if you are only looking at a screen facing image then it kinda sorta looks similar, but from any other angle, it just ain't so.

  21. What do they expect? by meerling · · Score: 1

    All non-apple handheld devices must now follow specific design requirements if they compete on any level with an apple product.

    1 - They shall not be rectangular in shape. Circular, Conic, and Toroidal are occasionally acceptable, but pentagonal is preferred.

    2 - They shall not have rounded corners. All corners and edges should be as discomfortingly sharp as possible, preferably to the point of drawing blood.

    3 - They shall not be black, or white, in fact, we claim all primary colors. They can use fecal brown, puke green, or plaid because we don't like plaid.

    4 - As our icons are based on a representation of the action or item it represents, theirs can't. We don't care what it is, as long as it doesn't look cool and gives you no idea what it's actually for, other than that, the sky's the limit.

    I think that just about sums it up. >^_^<

    1. Re:What do they expect? by gmhowell · · Score: 1

      All non-apple handheld devices must now follow specific design requirements if they compete on any level with an apple product.

      1 - They shall not be rectangular in shape. Circular, Conic, and Toroidal are occasionally acceptable, but pentagonal is preferred.

      2 - They shall not have rounded corners. All corners and edges should be as discomfortingly sharp as possible, preferably to the point of drawing blood.

      3 - They shall not be black, or white, in fact, we claim all primary colors. They can use fecal brown, puke green, or plaid because we don't like plaid.

      4 - As our icons are based on a representation of the action or item it represents, theirs can't. We don't care what it is, as long as it doesn't look cool and gives you no idea what it's actually for, other than that, the sky's the limit.

      I think that just about sums it up. >^_^<

      Build a device with specs like that, and Microsoft will file against you for ripping off the Zune.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    2. Re:What do they expect? by jd2112 · · Score: 1

      3 - They shall not be black, or white, in fact, we claim all primary colors. They can use fecal brown, puke green, or plaid because we don't like plaid.

      Ah, so that explains the Zune. Microsoft didn't want to be sued over the color!

      --
      Any insufficiently advanced magic is indistinguishable from technology.
  22. Rectangular design with round corners? Seriously? by 89cents · · Score: 0

    Looking at all of my devices (monitors, computer, keyboard, mouse, phone, etc.), everything is rectangular with rounded corners. The only variance is how much the corners are rounded and how thick it is. What nonsense.

  23. 2001 Called by maroberts · · Score: 2

    from 1968 -.they want their Monolith with rounded corners back

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  24. Apple? Why is the Beatles record label doing this? by phonewebcam · · Score: 1

    All this talk of companies copying other companies is really confusing.

  25. Pinky: Gee, Brain, what do you want to do tonight? by bobs666 · · Score: 1

    Brain: The same thing we do every night, Pinky - try to take over the world!

    Ya, Apple and Windows did go head to head, over the GUI. Thats IMHO why the Windows GUI is so bad. Windows did everything backwards to keep from getting sued. But now you are use to it, now normal interfaces seem strange.

    On another Topic some one was wondering where the standard interfaces where. Well now you see it. until the man that can out litigate the rest will define what pad/pod/phone you will be using and how it will work.

    Perhaps it is time to stop all this madness.

  26. I'm going to sue Steve Jobs by Anonymous Coward · · Score: 0

    He's obviously copying my shape - Two legs and two arms connected by a central body, topped of with an ellipsoid-shaped appendage containing the CPU.

  27. Nothing to do with IP by Anonymous Coward · · Score: 1

    This has nothing to do with IP - and everything to do with leverage for better component pricing. Samsung is a big component supplier for many Apple devices. If Apple can force them to make changes to hardware/software designs through this litigation (which could cost Samsung a lot of $), then they can cut a deal for better pricing by trading licenses on the violated patents.

    In fact, just the threat of litigation may be enough. Apple has a LOT more money to spend on this kind of stuff than Samsung. I suspect Apple did a financial analysis and decided that the $$ they'd spend on litigation would end up giving them better component pricing in the long run.

    Apple is all about micro-managing the supply chain even more than it micro-manages the user experience and App Store submissions. It's why the iPad still can't be beaten on price.

  28. Samsung is also a supplier by Stuntmonkey · · Score: 3, Interesting

    This is interesting, given that Apple buys a lot of its flash and other important components from Samsung, by one estimate over $7B annually. Neither can afford to not do business with the other. Maybe this is the opening move in a components negotiation?

    As a lawsuit this seems ineffective as a way of preventing competition. By the time this plods its way through the court, Samsung will be four product generations down the road. Maybe this is all just PR, a way for Apple to accuse Samsung of being "non-innovative" and spread general FUD about Android. But I don't think history has shown that to be a viable strategy. Moreover I have to say that as owner of both the iPhone and Galaxy S, the similarities between them are pretty superficial.

    1. Re:Samsung is also a supplier by mjwx · · Score: 1

      This is interesting, given that Apple buys a lot of its flash and other important components from Samsung, by one estimate over $7B annually. Neither can afford to not do business with the other. Maybe this is the opening move in a components negotiation?

      Samsung electronics' total Rev is US$117 B. Source Wikipedia. US$7b is a drop in the bucket.

      Apple has a lot of competitors that Samsung can sell to including itself.

      Apple already has a good deal with Samsung (and LG displays) for Iphone components, they paid for a certain level of exclusivity and\or supply at rates lower then other companies.

      If this is a negotiation tactic, it's pants on head retarded. If it's an attack on a competitor it's also pants on head retarded. Samsung can afford to kiss an estimated US$7 B go if Apple decide to go on an all out attack, who else is going to supply NAND flash and A4 procs at the rate and price that Samsung is currently doing?

      Samsung can afford to lose Apple, Apple cannot afford to lose Samsung. What the heck is Apple thinking?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    2. Re:Samsung is also a supplier by Anonymous Coward · · Score: 0

      > at rates lower then other companies.

      Lower THAN. Rates lower THAN.

    3. Re:Samsung is also a supplier by vuffi_raa · · Score: 1

      If Samsung dumps them there are a lot of Japanese suppliers that they can still buy from,.... oh wait, nevermind.

  29. Size Matters by coolmoose25 · · Score: 1

    So Apple is claiming that they are stealing the rounded corners and rectangular shape? Should Hasbro sue Apple for "slavishly" stealing the Etch-A-Sketch? But the REAL point here is that NOBODY is going to mistake a Samsung Galaxy Tab for an iPad - they are completely different sizes (and personally, I find the 7 inch size FAR more useful than the 10 inch one)

    Yeah, I know, that's what she said... grow up!

    --
    Brawndo: It's what plants crave!
  30. Congratuations Apple by NiceGeek · · Score: 0

    I've defended you through a lot of what I thought was just mindless bitching on /. but I can't defend this. This is the dumbest suit I've seen in a long time.

    1. Re:Congratuations Apple by Anonymous Coward · · Score: 0

      You're not such a nice geek after all

    2. Re:Congratuations Apple by Anonymous Coward · · Score: 0

      I have seen a single comment supporting Apple. Surely there must be someone out there who supports Apple. Please speak up.

    3. Re:Congratuations Apple by Anonymous Coward · · Score: 0

      Gates bad Jobs good

  31. summary starts out well, then goes downhill by sribe · · Score: 3, Insightful

    Samsung's Galaxy Tab computer tablet also slavishly copies a combination of several elements of the Apple Product Configuration Trade Dress

    So I've been seeing this all over the web today, and this is the first article I've seen that lets us know that it's trade dress or a "design patent" that is (allegedly) being infringed, rather than a software patent.

    If Samsung is found to be infringing on the software, all the Android OEMs could be vulnerable.

    Oh well, it's /. so the exaggeration at the end is to be expected. But no, if Apple is found to be infringing, the only other Android OEMs to be threatened would be the ones who tried to copy the iPhone's look as closely as possible, in other words, none as far as I know.

    1. Re:summary starts out well, then goes downhill by thegarbz · · Score: 1

      Really? Because currently the iPhone looks like every other fucking phone.

      Software and desire to move into the future is pressuring companies for a small glass box that people can touch with to interact. So once we've reached that point how do you differentiate yourself? About all you can offer is a different colour, and god consumers like black toys.

      Trade dress has far more in common with trademarks than patents, and to that note I wonder how the fact that Samsung writes SAMSUNG in big letters on the front of its phone affects the case. Typically to infringe you would need to show that the infringer is causing confusion as to who produces the item. I don't think anyone has picked up something with SAMSUNG written on the front and SAMSUNG with Google on the back and said "ooooh an iPhone".

    2. Re:summary starts out well, then goes downhill by sribe · · Score: 1

      Really? Because currently the iPhone looks like every [techdigest.tv] other [omgblog.net] fucking [mobilephonereviews.org] phone. [thegamerspad.net]

      Bullshit. Google went to the effort to develop a distinctive look for the Android OS. Some other OEMs then add their own "pieces of flair". Only Samsung changed the look extensively to be a near exact duplicate of iOS. And all 4 of your examples are quite distinctive, both from the iPhone and pretty much each other.

      Software and desire to move into the future is pressuring companies for a small glass box that people can touch with to interact. So once we've reached that point how do you differentiate yourself? About all you can offer is a different colour, and god consumers like black toys.

      More bullshit. For the physical case you differentiate on aspect ratio, curves, edges, borders & trim--again, as shown in your examples. But of course the major differentiation is what's shown on the glass, since that's by far the most prominent part of the design.

      Trade dress has far more in common with trademarks than patents, and to that note I wonder how the fact that Samsung writes SAMSUNG in big letters on the front of its phone affects the case. Typically to infringe you would need to show that the infringer is causing confusion as to who produces the item. I don't think anyone has picked up something with SAMSUNG written on the front and SAMSUNG with Google on the back and said "ooooh an iPhone".

      Yes the Samsung logo on the front is a point in Samsung's favor. But you try opening a restaurant with golden arches on the sign, and the entire thing looking almost exactly like a clone of a MacDonald's, but with the name "THEGARBZ" at the top of the sign and see how well it goes when you get sued ;-)

  32. What it tells us by Anonymous Coward · · Score: 0

    Seriously? So Galaxy S does kick Apple's butt to pain it! If you can't win them, sue them! :P

  33. To promote... by minio · · Score: 1

    ...the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
    So is this promoting Progress of "Science" or "useful Arts"?

  34. Samsung should have done a Möbius strip table by PolygamousRanchKid+ · · Score: 1

    Apple says in its suit, noting that Samsung's tablet, like Apple's, uses a similar rectangular design with rounded corners

    Samsung: "Yes, but our tablet's rounded corners contain hidden razor sharp blades, which can be extended, with an app, and then you can toss it across Starbucks like a frisbee like a flying guillotine."

    Copying the GUI is a valid point, but making a tablet, that looks like a tablet . . . ? When I take the train to work, everyone seems to have a laptop or netbook . . . that all pretty seem to look alike.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  35. here's one by bill_mcgonigle · · Score: 4, Funny

    I can't think of any other natural shape for a tablet to be honest...

    http://www.flickr.com/photos/30580398@N03/4768040515/

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:here's one by Haedrian · · Score: 1

      Right, so when you have a 7 inch touchscreen and you can make it as thin as you want, you're meant to pad it out such that it looks like 17 (!!) year old technology?

    2. Re:here's one by sznupi · · Score: 1

      GRiDpad (and...); best of all: manufactured by Samsung, "modified from the Samsung PenMaster which never made it to commercial distribution"

      --
      One that hath name thou can not otter
  36. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 5, Funny

    No kidding. I'm still trying to figure out how MS missed the obviously intuitive UI element of using the trash can for eject.

  37. The Patent/Suing System is flawed by Haedrian · · Score: 2

    Wouldn't you rather have apple try to outdo Samsung by creating some awesome new features in their next phone/tablet? Instead of tryign to push Samsung backwards?

    Technology is kinda like a race. You can either win by having the better technology/features/whatever, or you can win by pushing everyone else back.

    I would rather everyone focuses their efforts on pushing technology forward instead. The consumers are the ones who end up winning in the end.

    1. Re:The Patent/Suing System is flawed by jjetson · · Score: 1

      You have to have money to innovate. So if you're creating innovative products you have to protect your profits. How else can you "create some awesome new features". If other companies copy your product you may never reach enough profit to further innovate. This comment is about copyright/patent/innovation etc. not at all commenting on this specific case or insinuating the iPad is at all innovative in it's design.

    2. Re:The Patent/Suing System is flawed by 0123456 · · Score: 2

      Yet, remarkably, the human race managed to progress from the primeval slime to the industrial revolution without being able to patent putting rounded corners on a rectangular object.

    3. Re:The Patent/Suing System is flawed by MikeBabcock · · Score: 1

      Ironically I think Apple's behind the Android 3.0 interface on the Xoom. But they're not suing Motorola (yet).

      --
      - Michael T. Babcock (Yes, I blog)
    4. Re:The Patent/Suing System is flawed by Anonymous Coward · · Score: 0

      Well one could just as easily argue that rather then copying the iOS look and feel (and let's be honest here... they did), Samsung should have tried to do something new and innovative to beat Apple and push technology forward. I have mixed feeling about this one. In essence Samsung took Android and tried to make both it and their devices look and behave as much as possible as an iOS device as possible. I'm not sure they should get sued, but at the very least they deserve the disdain of anyone who craves innovation.

    5. Re:The Patent/Suing System is flawed by mjwx · · Score: 1

      You have to have money to innovate. So if you're creating innovative products you have to protect your profits.

      Nope,

      You have to leverage your innovation to create profit, this means using what you've developed to be more attractive to customers then the competition.

      Attempting to hold competitors back via legal action is the exact opposite of innovation.

      There are plenty of examples of this in the real world, I never hear of BMW suing GM for using a "hydrocarbon explosion to propel a piston head upwards", when was the last time Google sued any search competitor?

      In true slashdot form, a car analogy:
      This is the equivalent of GM suing Ford to prevent them from producing a car that gets greater then 10 MPG so GM doesn't have to develop a car that gets greater economy then 11 MPG.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  38. Palm called, they want their grid of icons back... by AnttiV · · Score: 1

    Erm.. sorry Apple, I love (some of) your products to death, but as a company you sure try as you might to get on my bad side. My Palm Tungsten from the year Sword and Shield looks a lot like an iPhone too, with the grid of icons on the homescreen and all (also, Galaxy S' homescreen incidentally DOESN'T have the icons, you have to hit the app drawer icon first, the homescreen itself is completely customizable...).

  39. Apple is hoping to slow down the wave of HONEYCOMB by Anonymous Coward · · Score: 1

    Unlike with the iPHONE....Apple is not getting a 2-3 year head start in the tablet wars....and just like how DROID OS Phones have overtaken the iPhone....so shall it happen with Android Tablets.

    You figured that Apple would have learned some lessons from the 80s.....but Jobs was arrogant then...and he is still arrogant now. History repeating itself......just replace Microsoft with Google this time around.

    Ever since they started earning a profit the new Silver Apple has become a real jerk........anyone else miss the little company with the Rainbow Apple that did its own thing and was happy having its own niche and intelligent cult following instead of the bunch of the elitist idiotic non-tech style over substance twits that compromise the Apple fans of the of the 21st century??

  40. Similar layout? by Fjandr · · Score: 2

    I was watching the first Christopher Reeve Superman movie today, and noticed that Lex Luthor's monitors appear strikingly similar to current Apple products. I think someone should sue them for appropriating the trade dress of whoever produced those 1970s props.

    1. Re:Similar layout? by Anonymous Coward · · Score: 0

      That movie rocks! One of my all time favorites. Miss tessmacher!

  41. In other news.. by Anonymous Coward · · Score: 0

    Ford is suing GM, noting that GM's products, like Ford's, use a similar lumpy design with rounded corners, at least four wheels, black tires, and and array of similar paint colors. "Incredibly," said one Ford spokesperson, "GM's products can be driven around and used for transportation of goods. Totally unacceptable".

  42. And in other news by Anonymous Coward · · Score: 0

    Apple is suing Judaism and Christianity (for having the Ten Commandments on Tablets) and God (for using the Title ' iAm That iAm'

  43. Re:Palm called, they want their grid of icons back by Anonymous Coward · · Score: 0

    Well if you want to bring Palm into it, then the first Apple Newton (1993) predates the the first Palm Pilot (1996). Grid of icons is present on both. There might be a handheld device that uses a touch like interface (stylus in this case) that predates the Newton and uses icon grids, but I don't know what it would be.

  44. Yeah, damnit! by damn_registrars · · Score: 1

    "uses a similar rectangular design with rounded corners, similar black border"

    We want triangles!

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  45. Clearly not the same thing or copied by warchildx · · Score: 0

    When you hold the galaxy in your hand with fingers touching the outside casing, the phone still gets signal.

    If anything apple should/could sue samsung, saying samsung created a version of the Apple iPhone that works like it should. with less of a learning curve since the icons apparently resemble the ones Apple is using.

    As long as samsung didnt use apple logos, they should *in a correct world* be fine... its not like they jailbroke a iPhone, and copied out the original icons to use in their competing device.

  46. Re:Palm called, they want their grid of icons back by Anonymous Coward · · Score: 0

    http://www.palminfocenter.com/images/tungsten_XX.jpg

    I cite prior art.

  47. The Scourge that is apple. by unity100 · · Score: 2, Insightful

    Really - you know, the scourge of 'closing in the customers, locking them, controlling them, deciding what they can do' ? its Apple's doing.

    10 years ago it wasnt like that. Openness was the order of the day. proliferation of ibm pc had had created an environment that had the theme 'you can do whatever you want with your device'. this also prevailed in software. despite there was so much need for standardization and access controls for pc based software, all software was made thinking that people would do anything they want with it.

    but then came apple's success with all those fanbois. and all the buzz talk, hype-tech talk that went on in the media. their fanaticism, waiting a week in lines, their dedication to buy things by paying heaps more, and apple profiting on and on and on, made good news. despite google was shattering a lot of barriers for example, more talk was done on apple, its hype, success etc.

    what do you expect other companies would to then ? they saw apple, their good profit margins, their control over their customer base, they saw they not only got away with locking their customers in and milking them, but they made profit, and noone sued or prosecuted apple for that, including government. on and on.

    You let this thing happen for half a decade, and it was inevitable all would jump in. and voila. everyone is now trying to lock in their customers. everyone became control freaks.

    Now it is at the point of claiming ownership of very basic things, like word apple, (the lawsuit in australia), the word 'app' (despite it has been used before that), and now simple moves and motions.

    you reap what you saw. its as simple as that. we have apple fanbois' unconsciousness to thank this era of closed-in computing for. well done. now all our devices' cases will be shiny and cool, but they wont open. (remember apple services' screwdriver bastardry)

    1. Re:The Scourge that is apple. by Anonymous Coward · · Score: 0

      OS X is BSD Unix - you can't get more open than that. Comparing this with the plethora of MS 'operating systems' that we have been forced to use over the years is just breathtakingly naive and uninformed. Without competition we don't get real innovation (look at the previous 20 years under the MS cloud to see this is a fact) - Apple comes along and creates a market where there wasn't one before and all the wannabe propellor heads jump up and down - I find it pretty sad that the very people who should be excited by the IT industry finally moving forward after a couple of stagnant decades are the ones being so negative about the innovators.

    2. Re:The Scourge that is apple. by unity100 · · Score: 1

      yes, apple used an open software to create a closed PLATFORM. your horizon is way too short. one component in a closed platform being open does not amend things.

      you are saying that we should be grateful for the close-in fad that apple created. no. we are not excited about that.

    3. Re:The Scourge that is apple. by Anonymous Coward · · Score: 0

      How is this modded 4, Insightful? You come off as a 100 year old fart who thought the 90's and 00's were perfect just the way they were. People were running around in fields of flowers with their "ibm pcs" using them to their fullest potential and not having any trouble or problems at all... and then came all the fanbois! They came out of the woodwork and ruined everything for everybody. Seriously, where were you living? These "fanbois" can't be real people that live and work with me in this same society... no, they came out of nowhere and love to be controlled by Apple!

      Jesus christ... the word fanboi is overused nowadays. I remember back in the day when mac guys were mac guys and pc guys were pc guys... There were no fanbois.

      ugh, this is just idiotic.

    4. Re:The Scourge that is apple. by Anonymous Coward · · Score: 0

      How is apple milking their customers? What you want is not more important than what I want? So what if I don't want a modular world where I can crack open the engine hood to put in amturbo charger! Apple updates my engine yearly and with greater finesse. No hassle.

      So there are three things you've pointed on. Closed software ecosystem, domino effect, and patent wielding

      Remember when there was too much game saturation in the atari market? Nintendo came along and cleaned it up so you would have a semblance of rules. The nintendo seal of quality meant the app was legit not some cartridge faking a better game. iOS apps are more numerous and more powerful than android. This is fact. Which system works better?

      It's not a domino effect of ppls jealousy over apple profits/hype. You get stronger and cheaper apps with the nintendo way. Even Google has imported some closed system methods into honeycomb. Why? Because they are falling behind in the app war. Customer adoption is a good metric. Developer adoption is a better one.

      Patents especially software patents are a joke that aren't really spurring innovation as it does encourage mergers and acquisitions. Basically, king Herod on steroids. But let's focus on the gist and not the method. Apple wants to protect their software. Touchwiz and the galaxy s2 basically behaves like iOS. If not 100%, then maybe in Touchwiz 4.0. How does allowing samsung to create an iphone4 knockoff encourage apple to innovate? Without apple do you think computing would have advanced as far as it has?

      The paragraph above stipulates heavily on the touchwiz samsung hardware being designed to ape iphone4. If you don't see it then you are blind.

    5. Re:The Scourge that is apple. by Anonymous Coward · · Score: 0

      >> How is this modded 4, Insightful?

      I agree, Steve. This should be modded "+100, Insightful".

      BTW, how is your liver doing?

    6. Re:The Scourge that is apple. by Anonymous Coward · · Score: 0

      Really - you know, the scourge of 'closing in the customers, locking them, controlling them, deciding what they can do' ? its Apple's doing.

      10 years ago it wasnt like that. Openness was the order of the day. proliferation of ibm pc had had created an environment that had the theme 'you can do whatever you want with your device'. this also prevailed in software. despite there was so much need for standardization and access controls for pc based software, all software was made thinking that people would do anything they want with it.

      but then came apple's success with all those fanbois. and all the buzz talk, hype-tech talk that went on in the media. their fanaticism, waiting a week in lines, their dedication to buy things by paying heaps more, and apple profiting on and on and on, made good news. despite google was shattering a lot of barriers for example, more talk was done on apple, its hype, success etc.

      what do you expect other companies would to then ? they saw apple, their good profit margins, their control over their customer base, they saw they not only got away with locking their customers in and milking them, but they made profit, and noone sued or prosecuted apple for that, including government. on and on.

      You let this thing happen for half a decade, and it was inevitable all would jump in. and voila. everyone is now trying to lock in their customers. everyone became control freaks.

      Now it is at the point of claiming ownership of very basic things, like word apple, (the lawsuit in australia), the word 'app' (despite it has been used before that), and now simple moves and motions.

      you reap what you saw. its as simple as that. we have apple fanbois' unconsciousness to thank this era of closed-in computing for. well done. now all our devices' cases will be shiny and cool, but they wont open. (remember apple services' screwdriver bastardry)

      'Fanbois' don't come out of nowhere, you are an idiot if you think they do. they come from a company giving products that are easy to use and apply. Apple have done well, and companies will always rip off the top dog. Now windows is using the word 'App' instead of program, the iPod made mp3 players a massive market. Then the iPhone opened up this huge touchscreen smart phone consumer oriented market, and they have done the exact same thing with the iPad. Samsung had their chance for a game changer, now its Apples turn, so get over it.

    7. Re:The Scourge that is apple. by unity100 · · Score: 1

      buzz off. there had been a lot of companies offering a lot of products that were easy to use and apply. why didnt what is happening now, happen before ? in any field of life ?

      let me tell you - 'shineeeeyyyy' factor. 'cooool'.

  48. New way to reduce the national debt. by BuckaBooBob · · Score: 1

    Tax the living hell out of frivolous law suits...

    Court rooms and payrolls should be tacked onto judgments on who ever loses...

    Anything patent related should be heavily heavily hit with administration fees... all proceeds to go onto the national debt...

    After all... who better to tax than companies that are more interested in leveraging patents to keep competition at bay so they can gouge the end consumer.

    --
    Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
  49. Wait, what? by kuzb · · Score: 1

    They're suing over making a rectangle with rounded corners?

    Are they that fucking stupid? What's next, patenting the circle?

    --
    BeauHD. Worst editor since kdawson.
  50. Apple can be evil by mmj638 · · Score: 1, Informative

    Apple has no "don't be evil" motto and it shows

  51. rectangular design with rounded corners.... by Anonymous Coward · · Score: 0

    "...rectangular design with rounded corners, similar black border and array of icons..." Humm, seems I've seen something like this before. Do they mean it looks similar to this: http://en.wikipedia.org/wiki/File:Tablet.jpg

  52. Really, Apple by Nom+du+Keyboard · · Score: 1

    Apple really needs to get over themselves.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  53. I trademark the color black by nurb432 · · Score: 1

    So everyone that has any black in their print must pay me.

    If this isn't the silliest ting i have heard in a long time i don't know what is.

    --
    ---- Booth was a patriot ----
  54. !Patent by shadoelord · · Score: 1

    Its not a patent infringement, its copyright.

    --
    this is my sig, there are many like it, but this one is mine.
    1. Re:!Patent by Legion303 · · Score: 1

      No, it's patent, and also trademark. As mentioned in the 80-point title and first paragraph of the fucking article you didn't look at.

  55. wow. by unity100 · · Score: 1

    pipe down fanboi. no need to be THAT aggravated. keep the iRage until jobs pops out a product for it.

  56. so a white border by nurb432 · · Score: 1

    Will nullify this stupid argument?

    I can see arguing if the 'look and feel' of the UI is the same, but come on, 'square with rounded corners and a border' ??? Even if they were the first to market with a tablet ( which they are not ) its still stupid.

    --
    ---- Booth was a patriot ----
  57. And Apple copied its touch UI from.... by Anonymous Coward · · Score: 0
  58. What patent does Apple want? by Midnight+Thunder · · Score: 3, Interesting

    I wonder whether Apple us suing Samsung because they want royalty free access to a patent that Samsung owns?

    Big companies like this often like to sue to get a better deal on something a competitor holds. They probably really dont care otherwise that Samsung is vaguely copying the trade dress - anyhow I am surprised that trade dress is even a patentable concept.

    --
    Jumpstart the tartan drive.
    1. Re:What patent does Apple want? by Wovel · · Score: 1

      I imagine it is an end-around to put top down pressure for some concessions on their manufacturing contracts.

  59. Re:Pinky: Gee, Brain, what do you want to do tonig by MikeBabcock · · Score: 2

    Every time I see a Mac user drag a removable device to trash, I picture the device being formatted.

    --
    - Michael T. Babcock (Yes, I blog)
  60. Summary is deceptive by goombah99 · · Score: 2

    Instead of reading the summary, which provokes the thought you deride (rounded corners?) . Have a look at the photos.

    The photos show the samsung is a slavish copy. they also show that the features it copies so slavishly are exactly the ones captured in the apple design illustrations they patented.

    I agree that just saying rounded corners and black borders makes this seem idiotic. Compare the photos and you will see this phone is a lot closer to the iphone in outward appearance than the HTC or Nexus phones.

    Samsung can easily make other phone designs but chose to make a carbon copy. They asked for it.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Summary is deceptive by kenshin33 · · Score: 1

      no it's not a carbon copy. i own have both the iphone 3gs and the galaxy s.. one has nothing to do with other. the galaxy is way bigger (untill recently it was the phone with the largest screen). The back of the galaxy is not rounded like the iphone. You can't really mistake one for the other.

    2. Re:Summary is deceptive by Eth1csGrad1ent · · Score: 2

      ...apple design illustrations they patented.

      and theres the first fucking problem with the entire IT industry. Patents shouldn't exist. Design patents, software patents.... they're all bs, and they're all used, in the main, for big companies to crush little companies - and its been this way since the days of yore... copyright can get fucked too...
       
      to be honest, I don't have the energy any more to articulate this issue - the system is so blatantly broken, and has been that way for so long, that the fact that it still exists indicates the vested interests are too strong for the system to be changed in any meaningful way

    3. Re:Summary is deceptive by goombah99 · · Score: 1

      So you are saying no one should do ergonomic research or if they do there will be no return on investment for it? By the way how is your chair feeling? What about can openers used by people with arthritis? Driver alert systems. The shape of a shoe. none of this has any patentable value?

        Design is a form of value added. Arguing it's not won't work simply because other people see it as value and therefore it has value.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    4. Re:Summary is deceptive by Coren22 · · Score: 1

      My Blackberry storm I have sitting on my desk at home shares those features and came out around the same time as the iPhone, why weren't they sued?

      http://www.google.com/products/catalog?q=blackberry+storm&um=1&ie=UTF-8&cid=5600859454965523342&sa=X&ei=GdKtTfaYBqmx0QGS2KSuCw&ved=0CEkQ8wIwBA#

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    5. Re:Summary is deceptive by Eth1csGrad1ent · · Score: 1

      no. I'm saying whatever the original intent, the patent/copyright system is fundamentally broken when it comes to IT (tho not restricted to IT)
      whatever product protection the system provides is nothing compared to the damage that is wrought upon the entire industry, as a result.

      Generate a list of the top 100 IT companies... and then get the number of lawsuits filed by each against each other.
      The list is enormous, and the rest of the industry pays the price.

  61. I seem to remember being told... by Anonymous Coward · · Score: 0

    I seem to remember being told as a kid that imitation is the sincerest form of flattery - Apple is acting like they're still in grade school.

    "Juuuuudggggeeeee they're copying meeeeeeeeeee!"

  62. Hopeless by joh · · Score: 2

    While I totally agree that Samsung tried very, very hard to have the Galaxy phone and its UI look as much as an iPhone as possible, it's totally hopeless to sue them.

    I mean, they're black rectangles with rounded corners and colorful icons in a grid on the screen. Still, others managed to give their phone a design that doesn't cry "iPhone!" to everyone, asking or not. What Samsung did was totally uncreative and somewhat shameless, but not illegal.

    Anyway: This is in no way subtle or random chance.

    1. Re:Hopeless by thegarbz · · Score: 1

      What Samsung did was totally uncreative and somewhat shameless, but not illegal.

      Shameless? I call it inevitable. Samsung has historically nearly always had a black bezel around their screens. As pressures to increase screen size rose they started getting bigger, and hiding keyboards in slide out bits at the bottom, and the screens continued to have black bezels, and phones... well phones come in all shapes and colours including rounded edges making the phone almost circular and the ludicrously straight edges.

      So my question to you is, when the world moves to a platform that emphasizes touch, on-screen keyboards, and the pressures are to maximize usable area while minimizing the size of the phone, what would you design? Ultimately you'll end up reducing the number of buttons, and making a phone that looks like every other fucking phone.

      Is it shameless that I put my computer in a grey box? Is it shameless that my nextdoor neighbour builds a house that has 4 walls and a roof just like mine?

  63. Speaker companies should sue each other by Hamsterdan · · Score: 4, Insightful

    I mean. most of them are rectangular boxes with 2 or 3 drivers. Heck, with the grille on, they all look the same.

    This is completely ridiculous....

    How the heck do they expect Samsung to build a tablet? round and angled at 90 degrees at the middle?

    --
    I've got better things to do tonight than die.
    1. Re:Speaker companies should sue each other by Anonymous Coward · · Score: 0

      I'm no genius but round and angled at 90 degrees at the middle sounds unique enough for a patent to me.

    2. Re:Speaker companies should sue each other by andyr86 · · Score: 1

      KRK have sued other companies in the past. Whether for infringing core cabinet designs or the yellow on black motif IANAL so i'm not sure but where is that grey line between branding and simple ergonomic,brand or technical design. Personally I think the patent would need to be far more specific in this case for it to fly but I guess that's for a judge/jury to decide.

    3. Re:Speaker companies should sue each other by Anonymous Coward · · Score: 0

      http://counternotions.com/2010/12/29/clones/

      Aside from the slant in the summary mentioning only the generalizations "rectangular shape and black border", look at the two devices. The stock UI for the Andriod OS doesn't look like an iPhone iOS. There are similarities but there's enough difference to easily tell them apart. Samsung changed the Andriod UI to look exactly like the iOS.

      Whether Apple has a case is a question for the lawyers but I'd go after them for something so blatant.

  64. trollish but... by kangsterizer · · Score: 2, Insightful

    ... that's why I don't buy Apple. Vote with your wallet they say. So yeah, there.

    1. Re:trollish but... by Anonymous Coward · · Score: 0

      so are you telling me that the technology vendor you use allows it's ideas to be stolen? I gather you don't run MS or Linux, because these guys also have a litigious history, how about your HW - hmm Dell - no, HP - no, IBM - no, Intel - no. Hang on - they all stole wifi for the CSIRO, who sued them all and got a nice payout - but I guess that means the CSIRO is also the devil, fancy wanting to be paid for something you invented.

    2. Re:trollish but... by Anonymous Coward · · Score: 0

      square. rounded. icons on the screen. worst troll attempt ever mr anon

    3. Re:trollish but... by Anonymous Coward · · Score: 0

      Except Apple didn't invent a rounded square with rectangles on the screen. RIAA, MPAA, Apple, Sony... all criminals.

    4. Re:trollish but... by mmaniaci · · Score: 1

      Same here. I bought an iPod Touch a week before the App store update. When I found out there was no way around the $20 fee to get the update, I immediately sold the iPod on craigslist (it was a piece of shit anyway). I haven't bought anything from Apple since, and don't ever plan to. I won't stand for their endless cycle of screwing the customer.

  65. Re:Samsung should have done a Möbius strip ta by MikeBabcock · · Score: 1

    Upgrade to a Xoom. :)

    --
    - Michael T. Babcock (Yes, I blog)
  66. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    That would be the intuitive action that should happen. I get that in 1984, that kind of crappy UI MIGHT have been understandable, but that understanding changed from mistake to incompetence 2 decades ago.

  67. Re Apple by freddieb · · Score: 1

    I still expect them to sue God over the name Apple.

  68. Look at the "slates" before the iPad. by aristotle-dude · · Score: 1

    Do you remember how they all had sharper corners and thin bezels and how nerds on slashdot criticized the iPad initially for having a wide bezel? The pre-ipad slates also had flat backs instead of curving ones. One could also talk about how the UI of honeycomb mimics the UI controls of iOS for the iPad especially in the calendar and email apps.

    Finally, look at the dock connector and sync cable. It is basically a copy of the ipod/iPhone/iPad connector but with the pins reversed.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  69. the galaxy S screen is the app screen by Anonymous Coward · · Score: 0

    not the actual homescreen. And there really is no other way to organize apps efficiently. So everyone defending apple are idiots. Moving on.

  70. Green fucking phone icon...?? by E+IS+mC(Square) · · Score: 1

    Yep. No other product ever used a green phone icon ever evarrr!!!! Apple was the first one... you got that right.

    1. Re:Green fucking phone icon...?? by UnknowingFool · · Score: 1

      Exactly the same icon? I'm pretty sure if you used the Office, Word, Excel, Powerpoint, or Access icons for your application, MS would like to have a word with you.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:Green fucking phone icon...?? by PaladinAlpha · · Score: 1

      The icon is not at all exactly the same. The similarity ends at the fact that it's a tilted white phone pictogram on a green background. I'd submit that's fairly obvious, but whatever.

      It's actually nothing like the Office icons, which are distinctive, and carry the logos for their respective products. The button you're complaining about is, literally, the shape of a phone, and nothing more. This situation is a lot more like someone using an icon that looks like a notepad, and trying to say that Windows has grounds to sue. Or, in short, it's completely wrong.

  71. Aren't they Samsung's customer? by st0rmshad0w · · Score: 1

    Didn't they just buy a metric shit-ton of screens for their new iPhone from Samsung?

    Samsung should just tell them to go fuck themselves.

    1. Re:Aren't they Samsung's customer? by Wovel · · Score: 1

      Companies actually do poorly when they teller their largest customers to go fuck themselves..

    2. Re:Aren't they Samsung's customer? by mjwx · · Score: 2

      Didn't they just buy a metric shit-ton of screens for their new iPhone from Samsung?

      Samsung should just tell them to go fuck themselves.

      Samsung simply cant tell Apple to go "fuck" themselves.

      Apple and Samsung have a contract, Apple must pay the contract and Samsung must provide goods.

      However due to rapidly changing technologies, Apple may very well find it has trouble negotiating good rates with Samsung when the next new thing(TM) is invented.

      This doesn't make sense from a traditional business standpoint, but when has Apple acted like traditional business? Hubris almost killed them in the 90's.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  72. Re:Pinky: Gee, Brain, what do you want to do tonig by Anonymous Coward · · Score: 0

    In the menu there is

    Mac OS Classic
    Special->Eject Disk

    Mac OS X
    File->Eject Disk

    Dragging a disk to the trash is a short cut. It was never the primary method of ejecting a disk.

  73. Re:Pinky: Gee, Brain, what do you want to do tonig by R3d+M3rcury · · Score: 1

    A little entertaining but useless trivia about that...

    Way back when, the Mac allowed you to have "off-line volumes." This was a disk that the Mac knew about but it wasn't actually in the computer. This was necessary for you to be able to copy a file from one disk to another when your Mac only had one floppy drive. When you ejected a disk, the volume went off-line. To completely get rid of a disk, you would then drag that off-line image to the trash.

    Most people didn't have a problem with this--you were throwing out the image and not the disk, which was no longer in the machine. I would show people this and they were fine with it.

    So the "dragging the disk to the trash" became a shortcut for "Eject Disk, Drag Off-Line Disk Image to Trash." When I was teaching people to use Macintoshes, if I showed them the longer method (ie, Eject Disk, Drag Off-Line Disk Image to Trash) and then said, "Or you can just drag the disk to the trash" they seemed far more comfortable than if I didn't show them the longer method (That's where you usually heard the, "Won't that get rid of all my files?!!?")

    Nowadays, the image of the Trashcan turns into an eject icon when you start dragging it.

  74. Re:Pinky: Gee, Brain, what do you want to do tonig by larry+bagina · · Score: 1

    The trash icon changes to an eject icon when you start moving a removable disk. It's worked that way for years now.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  75. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    It is still the same target. Having the icon change is an obvious attempt to try to legitimize a poor UI.

  76. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    I worked in a software store way back when, and I regularly would have Mac owners come in and ask me how to eject a disk. They would ask multiple times if I really meant that the disk should be put in the trash, and if it that would delete there files. It was a bad UI choice then, and having the icon change while dragging is a bad UI choice now. You shouldn't have to start dragging the disk around to find out where it goes.

  77. Spartan Madness by Anonymous Coward · · Score: 0

    TV manufacturers beware! Most hi-def TVs these days have a black border around a screen, and many have rounded edges. Icons depicting button functions too. I get the spirit of it, but if every TV manufacturer sued each other over the universal design of TVs these days, we'd either have some cracked-out looking TVs or whoever made the first black bordered LCD getting royalties out the ass. On second thought, whoever made the that first round edged, black bordered LCD needs to sue Apple. Let's just finally create the royal cluster**** that will result in the patent reform we so desperately need

  78. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    That is a rational at best. It is comments like that that get Mac users accused of being fanboys. Dropping a disk in the trash to eject is simply bad UI design. Having other ways to accomplish an eject doesn't change that.

  79. Re:Apple is hoping to slow down the wave of HONEYC by Anonymous Coward · · Score: 0

    First off android was being developed before iOS. The iOS market only came into play a year after iPhone1 came out. Android market came out a few months later. iPad had apps designed for it right out of the gate. Honeycomb apps came a full year after.
    In summary, the tablet lead apple enjoys is 2x as much as their iPhone lead and it is growing.

    And yes apple plans to slow down honeycomb because they plan to make an example of android. Not just win but completely destroy honeycomb. Because doing so will also win the phone wars. The app quality on the iPad is much much better.

    I tend to think of these wars as a race to collect the best software minds on earth. He who has the most brains wins.

    Microsoft won because they had the apps. It is almost impossible for google to win the tablet wars when they don't have an ecosystem in place for wifi only google devices.

  80. Re:Pinky: Gee, Brain, what do you want to do tonig by BitZtream · · Score: 1

    You could of course also just right click on it (or option/alt click if you have a single button mouse/crappy track pad config) and select Eject ... which is the typical intuitive thing to do for someone like yourself.

    How else would you have it done?

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  81. Re:Pinky: Gee, Brain, what do you want to do tonig by jittles · · Score: 2

    You could of course also just right click on it

    What is this right click that you speak of? The lack of a right mouse button on the track pad is the main reason I would never buy a mac laptop (although my mac mini is nice, with my logitech mouse).

  82. Rectangular, with rounded corners by Sycraft-fu · · Score: 1

    They were much thicker, because they were full on computers, but that's how they looked. We have a couple of old ones hanging on the wall in our office showing Nagios an MRTG. Also some of the professors have convertible tablet laptops, you spin the screen around and lock it in place, making it a tablet. In all cases rectangular devices, rounded corners, like any other laptop more or less.

    Compared to the old Motion Computing M1200 tablets we have the iPad is thinner, shinier, smaller, and blacker. Both are rectangles with rounded corners. The M1200 was released in 2002, by the way.

  83. Re:Pinky: Gee, Brain, what do you want to do tonig by brian_tanner · · Score: 2

    Surprise, click with two fingers executes a right click, and it feels *way* more intuitive than having a separate button.

  84. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    I would have put an eject button right under the drive, as that would have give the option of removing the disk even if the computer was turned off. Just about anything would be better than having it go to the same target as the trashcan though. Your explination of other ways to do it doesn't change the fact that using the same target drop point as the trashcan for eject is poor UI.

  85. Re:Pinky: Gee, Brain, what do you want to do tonig by R3d+M3rcury · · Score: 1

    Agreed. If they said, "How do you eject a disk?" and you said, "Drag it to the trash," I wouldn't blame them for going "Huwha!?"

    Did you ever tell them to go to the File menu and choose "Eject"?

    Also, I believe that in Mac OS 9 and Mac OS X, the "Eject" menu item started behaving the way you expected it to behave (ie, it didn't leave off-line volumes lying around).

    I don't necessarily disagree--dragging the disk to the trash

  86. I don't know that it is that by Sycraft-fu · · Score: 5, Insightful

    I think Apple is getting worried. Their massive rise to success has been as a consumer electronics company. While they were doing fine as a computer company after the iMac and so on, they were still a small fry. MS could have bought them no problem with plenty of cash to spare. Their massive rise has all been on their consumer electronics line.

    I mean look at the iPod. It wasn't the first MP3 player, not by a long shot. What it was is the first MP3 player that made MP3 players a fashion accessory. You had to have one to be cool, right down to the white earbuds that proclaimed your ownership (high end headphone companies started making white earbuds after that, had never been a demand for them before).

    Well while that market certainly hasn't gone away, it has leveled off a whole lot. The new growth has been iOS. Smartphones and tablets, "computer like" toys if you like. Again, not the first smartphone, just one that really struck a chord with consumers. Blackberry was (and is) very enterprise focused and does very well there, but the iPhone was a toy that consumers wanted.

    However newer Android phones are becoming a big threat. They are high power, have all the latest gadgets, and they are getting slick. HTC's Sense UI is a real nice one, and Apple sued them last year over it. Not to say default Android is bad, but it polishes things, makes them very pretty and friendly.

    I think Apple is getting worried. While nobody has been very successful in competing with the iPod, Android seems to be making a real run on the iPhone, and now with tablets maybe on the iPad. It's growth has been astounding.

    So I think Apple is trying to stomp on the more successful companies, the ones who are trying to make it real user friendly. My experience is with Sense since I got a Thunderbolt from work not long ago and I'm impressed. Compared to the Android phones I saw just a couple of years ago it is slick, pretty, and easy to use. You could give it to a non-technical user and I doubt they'd have any trouble.

    I don't think this is a "We want a patent," thing, I think it is a "Shit these guys are going to screw over our new market, we have to try and stop it!" thing.

    1. Re:I don't know that it is that by StormReaver · · Score: 1

      Sycraft-fu, I wish I could mod you higher than 5, because you've exactly identified why Apple is suing: an anticompetitive attempt to monopolize a market. Apple and Microsoft were cut from the same cloth; they're just different dresses. Android is kicking Apple's ass, and Apple is terrified.

  87. Re:Pinky: Gee, Brain, what do you want to do tonig by Anonymous Coward · · Score: 0

    just like the equally intuitive function of pressing start to turn off your computer.

  88. Re:Samsung should have done a Möbius strip ta by mjwx · · Score: 1

    Copying the GUI is a valid point

    1994 called,

    It wants you to know that the "look and feel lawsuit" didn't turn out the way you think it did.

    The Samsung OS customisations (TouchWiz) is a world apart from IOS despite similar external appearances to the untrained eye. TouchWiz still performs similar to vanilla Android in most respects. Any half respectable lawyer will rip shreds out of the "copying UI" argument using the Look and Feel case as a cudgel and Samsung can afford very competent lawyers.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  89. Prior art by edremy · · Score: 1
    Hey look everyone, it's a black, rectangular tablet with rounded edges.

    From *1992*. I'll admit it doesn't seem to have a grid of icons, but the Palm folks have that one pretty much covered

    --
    "Seven Deadly Sins? I thought it was a to-do list!"
  90. Probably not USian by Anonymous Coward · · Score: 0

    Truly an American icon.

    I don't think so.

    The use of the derogatory "cunt" to refer to a man indicates the poster is most likely NOT American. "Cunt" is frequently used in a gender-neutral form in the United Kingdom and possibly other (non-American) English-speaking states. If I were a betting man, I'd bet on the South of England, probably Greater London.

  91. Re:Pinky: Gee, Brain, what do you want to do tonig by tjhart85 · · Score: 1

    My gf just picked up a MBP ... you can set the part of the trackpad where the normal right click button would be to react like a right click.

    If that is the main thing keeping you from buying a macbook, I'd say buy it.

    I prefer to just use linux, but I have to admit, the hardware and build quality is definitely nice. Neither the gf or I would touch an iPhone or iPad with a 10 foot pole though.

  92. Pushup menu? by Compaqt · · Score: 1

    What's a push-up menu? In an Windows programs I've worked in, the menu reveals itself downwards.

    Or was that the sound of something flying over my head?

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:Pushup menu? by Capsaicin · · Score: 1

      What's a push-up menu?

      The OS's main menu which is pushed up from the Windows "Start" button on the bottom left from about Windows 95 onwards if memory serves me correctly.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    2. Re:Pushup menu? by exomondo · · Score: 1

      The OS's main menu which is pushed up from the Windows "Start" button on the bottom left from about Windows 95 onwards if memory serves me correctly.

      So the button for the menu being beneath the menu it reveals? That's just a default, you can put it at the top or at the side if you feel that's a better option.

    3. Re:Pushup menu? by Capsaicin · · Score: 1

      That's just a default, ...

      As is the position of the Trash bin which (for right handed people) would naturally be placed at the bottom rhs (ie. where you don't have to cross your hand across your body to throw paper). It's the first thing I correct on Windows (I'm sitting here on Xubuntu, a Macbook to my left and a Windows box to my right - so I'm fairly platform neutral :)

      But the point I'm trying to make is that these kids of suits have a chilling effect upon competitor's development processes. If you always have to bear in mind the necessity of making your GUI's look and feel (defaults or otherwise) just that little bit different from the guy you know is gonna sue, you are not free to develop naturally. Put it another way, assuming that Apple's research on how humans work has resulted in the optimal GUI (and that would be a BIG call to make), then any move to distinguish your GUI from theirs would necessarily render yours sub-optimal.

      This is why BigTech is constantly locked in legal disputes, not with the purpose of asserting rights (the point of law), but as a business strategy.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    4. Re:Pushup menu? by exomondo · · Score: 1

      Yeah that's true, even if you find the objectively best way to do it you might not be able to do it that way because someone else got there first.

    5. Re:Pushup menu? by Capsaicin · · Score: 1

      Yeah that's true, even if you find the objectively best way to do it you might not be able to do it that way because someone else got there first.

      And that's not necessarily a bad thing of itself. The problem arises if it is not only objectively, but also obviously the best way to do it. In which case patent law is not supposed to prevent you adopting it.

      Now patent law, as I recently explained, has an invaluable economic role to play. However in this game, it appears to me, that the law is being applied (and sometimes it doesn't matter whether you win or loose -- ie. what the legal rights actually are), mainly as a way to nudge your competitors.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  93. Gone long ago... by SuperKendall · · Score: 1

    If so, then it was surely the gift that kept on giving. How many times has Apple stock split since then (and now trading at well over $300/share)?

    I don't think it has split at all since then, but they still got a very good price for it although...

    Microsoft made a killing on the deal

    Microsoft didn't lose anything but they sold the stock quite some time ago and so did not really make much either.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Gone long ago... by PCM2 · · Score: 1

      I don't think it has split at all since then, but they still got a very good price for it although...

      Around 1997, when Microsoft made the investment, AAPL was hovering somewhere under $23/share. It did a 2:1 split once since then, in 2005, and the current price is $332. So if Microsoft did hold all that stock until now (and I doubt it did), it really did get a nice return.

      --
      Breakfast served all day!
  94. They all have had right buttons for years by SuperKendall · · Score: 2

    The lack of a right mouse button on the track pad is the main reason I would never buy a mac laptop

    That's a pretty stupid reason, because you've always had either a right button or been able to treat part of the trackpad as a right button OR use Control+click as right button (which I think is actually a lot easier to use than a right button) OR use a hold-click kind of gesture to get to a right button alt click.

    In fact the Mac has more ways to get to the alt menu than any other computer I can think of. To claim it does not have a right button is absurd.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:They all have had right buttons for years by Arcorn · · Score: 0

      The lack of a right mouse button on the track pad is the main reason I would never buy a mac laptop

      That's a pretty stupid reason, because you've always had either a right button or been able to treat part of the trackpad as a right button OR use Control+click as right button (which I think is actually a lot easier to use than a right button) OR use a hold-click kind of gesture to get to a right button alt click.

      In fact the Mac has more ways to get to the alt menu than any other computer I can think of. To claim it does not have a right button is absurd.

      I use ctrl+click as my middle button. Last time I used a Mac it kept clicking when I wanted to move and when I wanted to right click it was all "Fuck you, I won't do anything."

    2. Re:They all have had right buttons for years by jittles · · Score: 1

      But none of that works properly if I need to boot into another OS besides Mac OS.

  95. You don't have to by SuperKendall · · Score: 1

    You shouldn't have to start dragging the disk around to find out where it goes.

    In finder you can simply tell any mounted drives to eject with a single (direct) click - on the small eject icons next to them.

    Or you can right-click on a drive and hit eject.

    The dragging to eject still works but it's simply one of many ways.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  96. Re:Pinky: Gee, Brain, what do you want to do tonig by SuperKendall · · Score: 1

    It is comments like that that get Mac users accused of being fanboys.

    And it's nitpicky comments like yours that let the show the rest of us there are real, live, breathing Mac Haters that will take any opportunity to Hate.

    Dropping a disk in the trash to eject is simply bad UI design.

    Only if it's the primary path because it is non-intuituve. But as a secondary method, conceptually it's a way to say "this thing should leave my system", either file or drive - so it actually makes sense. Take that Apple Hater and smoke your Weed of Bitterness elsewhere.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  97. Re:Pinky: Gee, Brain, what do you want to do tonig by Belial6 · · Score: 1

    Because anyone that points out flaws in the Mac OS is a "Mac Hater"? Riiiighhht. It does not make sense as a secondary method. It is bad UI and conceptually it's a way to say "This is garbage. I don't want it anymore".

  98. Did anyone ever mention that software patents suck by Anonymous Coward · · Score: 0

    Did anyone ever mention that software patents suck? Every element in a programming language, can be described mathematically. Every part. Every assignment. Every element. Pure math. Assignment operators, and/or/not/nand logic, loops, certainly (more easily) everything coming out of the ALU. Mathematical methods are not patentable, yet computer software is, and thats absurd. So why exactly do software patents suck? They suck productivity out of the economy. They suck money out of technology manufacturers. They suck willingness out of developers to create new, innovative software. New software could literally boost the entire economy, surpassing the US national debt. IBM has a lot invested. They all have a lot invested. But the truth is that they would all be much happier, if they knew that someone wouldn't be ready to sue them by implementing really new innovative software. Software patents are sucking quite a bit of life out of the industry.

  99. Re:Pinky: Gee, Brain, what do you want to do tonig by Anonymous Coward · · Score: 0

    so where do you drag it if you do want to format it?

    "hey, where'd the trash can go?"

  100. Like I said before . . . by Anonymous Coward · · Score: 0

    And will say again, fuck apple.

  101. Re:Pinky: Gee, Brain, what do you want to do tonig by kevinmenzel · · Score: 2

    Now click both buttons at the same time. How'd that work out for you.

  102. + Funny by Anonymous Coward · · Score: 0

    + Funny

  103. Re:Pinky: Gee, Brain, what do you want to do tonig by funfail · · Score: 1

    I don't use a Mac, but still I wonder. In what application you need to click both buttons?

  104. Re:Pinky: Gee, Brain, what do you want to do tonig by teh+kurisu · · Score: 1

    The only thing I've ever seen this used for in a GUI is the back and forward actions in Opera. These days, Apple trackpads have swipe gestures to perform that function.

    The only application I can think of for this is games, and if you're playing games with a trackpad then you're a Damn Fool.

  105. Re:Pinky: Gee, Brain, what do you want to do tonig by teh+kurisu · · Score: 1

    Dropping a disk in the trash to eject is simply bad UI design. Having other ways to accomplish an eject doesn't change that.

    True. But if you're trying to infer that the OS X ejecting UI is bad because a particular method of ejecting is bad, which I think is the implication here, then that's unfair. If you open a finder window and look at the sidebar, you'll see eject icons next to each ejectable volume. That's good UI design.

    Personally, I prefer this method of ejecting. I keep my dock positioned on the left side of the screen, and since drive icons typically appear on the right hand side of the desktop, dragging to the trash means dragging them all the way across the screen.

    Really, dragging to the trash is a piece of legacy UI that exists for the benefit of Apple's long-standing customers. Too often Apple has removed oddball functionality that users had come to expect and rely on. This is an example of them not doing that.

    That is a rational at best.

    Yes, you're right, it is a rational argument.

  106. Re:Pinky: Gee, Brain, what do you want to do tonig by Laurence0 · · Score: 1

    On my laptop (HP, running Ubuntu), pressing both mouse buttons simulates a middle click, which I use for pasting, closing tabs, opening links in new tabs and so on. I believe the same can be achieved on a Mac (or this HP, for that matter) by tapping the touchpad with /3/ fingers.

    Which isn't as hard as it sounds. And probably is easier on the macbooks 'cos they've got bigger touchpads. I think.

  107. Step up your game, Apple by Legion303 · · Score: 1

    If anyone needs to be sued for rectangles with rounded edges, it's Microsoft. Just look at that blatant violation in MS Paint.

  108. Dub dub dubba dubba dub dub dubba dubba strrrrrumm by Hognoxious · · Score: 1

    Etch-a-sketch was red, therefore did not contain the novel inventive step of making it black.

    Maybe they'll name the Rolling Stones as co-defendants?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  109. Re:Pinky: Gee, Brain, what do you want to do tonig by Hognoxious · · Score: 1

    How else would you have it done?

    Another icon, with a burning jet fighter on it.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  110. Re:Pinky: Gee, Brain, what do you want to do tonig by adamchou · · Score: 1

    And I'm betting Samsung's design missed the lost-reception-feature when you hold the phone incorrectly

  111. Re:Pinky: Gee, Brain, what do you want to do tonig by Anonymous Coward · · Score: 0

    Why the fuck not?

  112. Talk about stifling innovation and competition by Anonymous Coward · · Score: 0

    They should dispense with all the legalese and flowery terms and cut to the meat of it:

    "We're suing you on the grounds that your product competes with ours and could hurt our profits. We were in this market first."

    Free market, hah!

  113. Re:Pinky: Gee, Brain, what do you want to do tonig by UnknowingFool · · Score: 1

    Have you actually used or seen a MacBook in the last several years? The whole damn trackpad is a single button. There is no second button. If you want to right-click, click with two fingers. Or put one finger down first then click with the second if you lack the dexterity. Or CTRL-click.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  114. Actually... by fredrik70 · · Score: 1

    ... one might argue that Samsung have prior art to the iphone...

    --
    if (!signature) { throw std::runtime_error("No sig!"); }
    1. Re:Actually... by Labcoat+Samurai · · Score: 1

      That's fairly compelling. I'd mod you up if I could.

  115. What kind of "Tablet" by DarthVain · · Score: 1

    isn't fucking rectangular? Hell I think stone tablets might have a bit of prior art here.

  116. 3000 year old prior art by DarthVain · · Score: 1

    http://news.nationalgeographic.com/news/2006/09/060914-oldest-writing.html

    Not to mention those Babylonians and Mesopotamians loved those stone tablets!

    There of course there was those Egyptian folks they loved the tablets as well, as did those Roman guys.

    Then of course God made tablets, with rounded edges even. You gonna sue God next Apple?

  117. Re:Pinky: Gee, Brain, what do you want to do tonig by VortexCortex · · Score: 1

    It is still the same target. Having the icon change is an obvious attempt to try to legitimize a poor UI.

    Negative. Having the users drag their devices to the trash is an obvious attempt to brainwash them into thinking their current hardware is garbage, and they need something new and shiny.

  118. *ahem* by gosand · · Score: 1
    --

    My beliefs do not require that you agree with them.

  119. Re:Pinky: Gee, Brain, what do you want to do tonig by jittles · · Score: 1

    Oh I know they have hacked together a way to simulate a right click, but for some tasks its just not convenient. There are times when I do need to hit both buttons at once, and must resort to a mouse. I had a Macbook Pro for years (work issued). I am aware of the ways to fake a right click.

  120. Re:Pinky: Gee, Brain, what do you want to do tonig by Anonymous Coward · · Score: 0

    Umm, how about just having a fucking button on the front of the drive? Doesn't get much more intuitive than that.

  121. booo hoooo by Anonymous Coward · · Score: 0

    jeez apple / darth job ,

    feeling it's harder and harder to compete on the technical specs or price per units ? should ask why ford never sued gm or crisler for making a 4 weel vehicule running with an internal combustion engine ....... beecause it would look freaking RIDICULOUS , just as you are now .... poor little cry baby ..... go tell daddy and let the adults talk and abuse the court system in a RESPONSIBLE WAY

  122. boo hoo by Anonymous Coward · · Score: 0

    jeez apple / darth jobe

    feeling harder and harder to compete on unit specs and unit price or what ? guess why FORD never sued gm or chrisler for making and selling 4 weel internal combustion engine individual vehicules ? BECAUSE THEY WOULD'VE LOOKED COMPLETELY RIDICULOUS JUST LIKE YOU GUYS ARE NOW , go tell daddy you little cry baby and LET THE ADULTS USE AND ABUSE THE COURT SYSTEM IN A RESPONSIBLE WAY .

  123. Complete Analysis is here by hunangarden · · Score: 1
  124. Re:Pinky: Gee, Brain, what do you want to do tonig by Coren22 · · Score: 1

    The newer multitouch trackpads use a two finger click as a right click (and two finger drag as scroll...)

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  125. Steve Jobs by Anonymous Coward · · Score: 0

    Oh greedy man , why don't u and ur ridicolous claims fuck off forever.

  126. The other shoe by niftymitch · · Score: 1

    The other shoe to drop is the apparent rumor that
    the design team came to work on Fridays wearing
    black turtle neck T-shirts.

    My opinion is that the "tablet" and "phone" look
    and feel like a tablet, phone, tri-corders and
    other props as presented on StarTrek a long time
    ago in a far away place.

    One thing I dislike about the Android and like about
    the iPhone is that it is easy to tell top from bottom
    on an iPhone both tactually and visually. The
    Android would do well to use the old thumb spot
    that lantern slide projectionists used. The spot was
    placed so a right handed man looking at the screen
    with his thumb on the spot to keep the projection
    from being upside down or backwards.

    This difficulty in knowing which end is up
    may be all that Android needs to undress
    the apple suite.

    Hmmm: T-shirt .ne. shoe
    but are of type clothing.... so what the hey.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  127. Re:Pinky: Gee, Brain, what do you want to do tonig by FrellMeDead · · Score: 1

    You have no idea what you are talking about. Windows won/was cleared of any wrong doing with regards to the Apple suing MS suit in the 80's. MS. / Windows was never in any danger of being sued after that initial B.S. suit by Apple in the 80's which end in MS's favor, and as a result Apple and it's customers suffered for years after that fiasco. By the way MS. gave Apple money for stock which was pretty worthless at the time and was more about lending a hand to a company that they wanted to stay afloat, etc. The only thing that you said that makes sense is to stop all this litigation and just make products/services that consumers want and/or prefer. Copyright/I.P. was never intended to lobby B.S. claims against competitors when the other company doesn't like something that their competitor does. Companies need to get over it and Government (worldwide) needs to cap and downgrade Copyright/I.P. to what it used to be with public domains works, limit the scope, open and/or provide more options for the protection of consumers against these corps., etc. Copyright/I.P. law is a joke and has only been used to stifle, rip off, and just plain out screw over others since it's easier to apply for a patent/trademark, etc then to invent something when they can just sue those that have made a successful product/service. Apple has been overly litigious recently with their broad scope of lawsuits against HTC, Nokia, Samsung, etc... Maybe Apple should just make the products and services and stop wasting everyones time and money with these frivolous suits simply because a rectangular design is similar to their product even though many others have produce something similar years earlier. Apple needs to just stop and move on.

  128. test by hqrdqa1 · · Score: 1

    test...

  129. Prior art? by Anonymous Coward · · Score: 0

    "rounded corners"

    Does anyone remember the etch-a-sketch?