Sale of Samsung Galaxy Tab Blocked in the EU
bizwriter writes with a news piece in bnet about the continuing battle between Samsung and Apple. From the article: "In a stunning and painful decision for Samsung, Apple got a German court to issue a preliminary injunction against the Galaxy Tab. According to patent analyst and blogger Florian Mueller, that means Samsung cannot ... sell its tablet in the entire European Union, except for the Netherlands."
Its better to block out competitors by trolling patents than outcompete them isnt it. god bless american companies ..... not.
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From the article:
Note that this preliminary injunction is all about a design-related intellectual property right, not about hardware or software patents.
This might be confusing to readers in the United States, where exclusive rights in industrial design are treated as patents.
Tagged as ohnoitsflorian
Great news for Apple fans I guess, but I have to wonder why can't Samsung block Apple's sale? Can't they just think of something and sue Apple for it?
looking at the design IP, its just a flat thin shape with curved edges and corners.
it seems pretty generic...
SURELY NOT!!!!!
Stop quoting Florian Mueller as news.
"You want to know how to help your kids? Leave them the fuck alone." -George Carlin
PLEASE!
The guy's like incredibly annoying, a troll and full of crap.
Please, either quit posting his crap or give me a way to ignore the *astard.
I remember sitting at a restaurant with a few Apple employees a few years ago chatting about all things computing. I remember there was always a tone and underlying implication in everything they were saying: "Apple is Different. People will naturally pick Apple products if given a choice. They are simply that much Better."
After I heard this, I had a horrible dream!
http://www.youtube.com/watch?v=guGchg4mbLs
And the use of government power by corporate cronies continues...why let the market decide which device should be sold and bought when you can use the power and violence of Government to work in your favor?
So what is the lifespan of this non patent? 5, 10, 20, 100 years?
Go back to crying over your Starbucks about how Android is destroying your precious Apple products in sales.
This site is for people interested in tech news, not Hipster Douchebags like you.
The community design document can be found here. They're effectively preventing anyone from creating a mobile computer device that is rectangular in shape with round corners. Unbelievable.
[alk]
Those who can, do.
Those who can't, sue.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
For instance, suppose I register a box with round corners. Now you show that the real reason for round corners is so that the box, designed to go in a pocket, will not put too much stress on the pocket material. It is a human factors improvement; it should not be usable as a design copyright.
I'm sure that Samsung will be actively pursuing any way of showing that Apple's tablet design follows naturally from engineering factors for a portable computer. Meanwhile, Apple had better hope its new manufacturing partners don't start to worry about which of their products it might go after.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Apple is in the right here. Certain companies just want to copy Apple's designs, slap Linux on them, and make money, and the only reason geek communities like Slashdot support it is because they run Linux, even though Slashdot has previously trashed other companies like Microsoft for ripping off people's ideas.
Just look at what Android phones looked like before and after the iPhone was released in 2007. At first, they looked like Blackberries, and then all the sudden, they all looked like iPhones.
The patent mess finally impacts non techies here in Europe. Some of them want a Galaxy tab. And they can't. Because of patent stuff. Much easier to explain than (invisible) innovation that hasn't happened because of patents, and (invisible) price hike because of patent related costs.
Or is this about patents? Or design rights? Actually it's about neither. It's about blocking competition. Using intellectual property. Don't care what flavour, it just sucks.
This is not about patents. It is about the design of the Galaxy Tab which looks so similar to the iPad. I do not know the correct English term. In Germany it is called Produktmusterschutz (copyright on product pattern/design/the art of appearance). Like you are not allowed to open a fast food restaurant McDonald's without asking the company of that particular name. As they own the brand and the design of the logo and shops etc.
It was only a couple days ago here on Slashdot I read several comments along the lines of "that sort of crap only happens in your American legal system, not in Europe". So one of two things must be true.
1) Apple has a legitimate case; or
2) European law has the same issues as American law.
European Linux fans need to try to figure out which one it is without having their heads explode.
#DeleteChrome
Being a fan of Apple is like being a fan of pure winning.
Perhaps Samsung should have left well enough alone a month ago?
This crap sickens me. Is it possible that our economies are becoming less rather than more ethical as civilization (d|)evolves?
samsung ripped off 'the rectangle', and 'rounded corners' ....
...................... not.
i think we have to thank apple for invention of 'the rectangle' and 'rounded corners', since apparently they were the inventors of these very important concepts, because everyone else into stone age has been so stupid that noone invented them
please, get real.
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We all know that Microsoft is bad but Apple is even badder.
Previous artwork exists http://en.wikipedia.org/wiki/Tablets_of_Stone
I was on the fence, but if they're so close that they're getting sued for their look/feel, I just got that shove I need.
and ban all tablets until definitively proven they are useful in any context outside of cellular revenue projections and micro transaction based gaming.
Good people go to bed earlier.
http://www.inventinginteractive.com/wp-content/uploads/2010/01/Sarah_Sisko_reconstruction.jpg
If you aren't part of the solution, then there is good money to be made prolonging the problem
Time to buy as many as you can get your hands on to sell on eBay at a nice 25% markup.
Waaaa!
This is a victory for innovation and one which the consumers will enjoy. Because we all know that all these patents are there to ensure that the consumers get the best possible option.
In opposite world!
says who. apple ?
apple has done a huge amount of research in inventing in many areas like, what, geometry ? so that they are able to sue samsung over RECTANGLE shape and ROUNDED CORNERS ?
before jumping in and sounding like an idiot like this, how about actually reading what is happening and what 'patent' is in question ?
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instead, samsung should have gone back to drawing board to invent THE RECTANGLE and ROUNDED CORNERS. these are what they are being sued for.
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Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
netherlands is just a few hours by train from most parts of europe in which any kind of tablet would have high sales. germany especially. or france. or britain. basically, this order is rather moot.
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please #Anonymous
Have you ever seen a Galaxy Tab? They totally ripped off Apple!
No, seriously, the connector it uses is some proprietary POS instead of just USB. Just like Apple's! It actually looks kind of like the iPod connector cable, except a different color and it says Samsung on it in giant letters.
I have no idea why Samsung would want their connector cable to look like an Apple cable, but I will admit when I first saw the tablet end-on with the cable sticking out, I figured it had to be an iPad because no one else would be so stupid as to use a proprietary connector when a simple micro-USB plug would work.
Actually, I could be wrong, because I didn't bother unplugging the cable, so it could be hiding a micro-USB plug under the Apple-esque oversized cable plug. Which would be incredibly silly, like requiring a music application to sync contact information to a cell phone.
I wonder if it also breaks as incredibly easily as Apple's cable? Nothing quite like seeing copper wires after only a few month's use!
You are in a maze of twisty little relative jumps, all alike.
The clipboard on my desk is rectangular and has rounded corners, and it was made before the iPad. Where is the justice?!?!
I'm in favour of Android products over Apple, because there is normally a substantial price difference and Android offers a less restrictive environment. However, there is little to no price difference between the Samsung and the iPad, and you have to pay an extra £150 to fully load it with memory (i.e. you can't put your own memory card in), so I'm not so convinced of the advantages of the Tab over the iPad(s).
Donte Alistair Anderson Roberts - hi son!
Karma: Chameleon
Remember what the Galaxy Tab 10.1 looked like in February this year? It was fatter and it only somewhat looked like what Apple was doing.
And then... the iPad 2 came. You can tell that Samsung completely freaked out that it would lose to Apple, because it almost immediately said it "would not be outdone" by the iPad's new design:
http://www.electronista.com/articles/11/03/24/samsung.says.galaxy.tab.101.thinner.to.beat.ipad/
Yep. Samsung openly admitted that it was going to change the shape of its tablet because of the iPad 2, just two weeks after it had unveiled its own work. And sure enough, in March, the Galaxy Tab 10.1 was suddenly a lot thinner and looked remarkably much more like the iPad 2. I was at the CTIA's spring show, where they first showed off the remake: they even made it a source of pride how quickly they'd changed the look and had a glass case showing the old version and the new one.
I would personally keep the Galaxy Tab 10.1 on shelves because it's different enough, but there's no question that the model you see now wouldn't look the way it does if it weren't for Apple.
If you can't trace the intellectual property you are using, don't use it. That means don't your own R&D. In fact, if you hire software engineers, don't even have them do anything innovative.
If you do, you are taking a great risk. To increase your reward and compensate for the risk, patent everything and sue aggressively. By the way, since developing technology is now a high risk activity, it is not suitable for small companies or entrepreneurs. Excessive IP laws and suing people for innovating is the heart of capitalism.
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found being guilty
Ehrm, what part of "preliminary injunction" is it that you don't understand?
for i in `facebook friends "=bday" 2>/dev/null | cut -d " " -f 3-`; do facebook wallpost $i "Happy birthday!"; done
I agree that you should be able to copy others work, but just because you have a touch screen tablet doesn't mean it is a knockoff. Essentially, the iPad is big iPod touch, if I offended an Apple fan with the statement I am sorry, but it is true. Essentially, the Galaxy is a big Droid without the phone. They run completely different operating systems. I mean I have a Samsung LED flat screen TV and it looks exactly like the many other LED flat screen TVs, but some of the TVs have different features. I think Apple knows that Samsung has added features they do not have. If you look at the specs, Samsung's tablet actually seems better. (Disclaimer: I have not used either and I am only comparing the specs, I personally would never buy a tablet, I perfer a laptop.) In terms of entertainment, it seems the Galaxy might be a better buy looking at the specs which have 1080p HD to the iPad's 720. And since the Galaxy uses Android and supports Flash you have play more games on it. I also think that having a USB I also think having a USB port is a big plus. But like I said I am not in the market for a Tablet. I have to admit they look the same on the outside, but under the hood not as much different chips and different OS.
Just because you are wrong and I called you out on it doesn't mean I am a Troll.
You're wrong, Apple started this whole mess waaaaay back in April by suing Samsung over Android phones that they claimed "looked like an iPhone."
It was only later that Samsung started filing suits against Apple. I mean, hell, your own link mentions that the battle has been ongoing!
Apple started this. Samsung just refused to take it lying down.
You are in a maze of twisty little relative jumps, all alike.
It's a standard, agreed upon, connector that others are able to use. It /looks/ like the Apple one, sure, but how else are you going to make a connector with that many connections you want plugged in one way? It's going to be flat by design.
Waiting for an amusing sig.
It's a standard, agreed upon, connector that others are able to use.
Actually, it's not. It looked like a standard, agreed-upon connector when it was first unveiled, but once people got hold of the actual hardware, they realized Samsung had tweaked the connector enough that it's essentially proprietary.
Breakfast served all day!
The only real innovation that Apple can be credited for, is popularizing of certain product types (MP3 players, touchscreen phones and tablets) and bringing them into the mainstream with their huge marketing campaigns and their hipster appeal.
All of those product types already existed for years before Apple started making them. Apple did not revolutionize them from a technical engineering standpoint. They just made them cooler to have.
You can't patent that. You can't say that just because you brought tablets further into the mainstream that you own that market segment. There have been dozens if not hundreds of models of Microsoft Tablet PCs since 2001 and many of them looked like the iPad does now. These are prior art and invalidate Apple's patent.
Yes, companies are copying Apple by pushing cool new tablets right as Apple expands the market for tablet PCs. That's perfectly legal. It's like if a trendy clothing label started pushing a new bellbottom fashion lineup and they started selling like crazy. Any other clothing labels could also pick that time to push new bellbottom lineups. If they didn't invent the bellbottom pants, and they can't patent it after the fact, even if they try adding on stupid modifications to the style like "rounded corners".
My Nokia N810 (circa 2007/2008) http://images.amazon.com/images/G/01/electronics/detail-page/B000Y4AH3C-multimedia.jpg is rectangularly-shaped with rounded corners and a headphone jack. Is that what Apple is suing about?
GTFO, Apple Troll. Taking a look at your comments, it's obvious all you talk about is Macs, and I would say you're somewhat biased in that regard.
Regardless of that point, I own a Macbook Pro, but I, unlike most fanboys, can at least remain somewhat unopinionated when it comes to realizing the evil biz tactics they employ. I'm a industrial design engineer working as an interaction designer these days, but I can tell you that making something that is less than 1/3 of an inch thick, with a rectangular shape, will automatically be hard to differentiate from another rectangular shape with 1/3 of an inch's thickness. If there are similar colors, even harder. And, speaking as an industrial design engineer, I will also point out that any piece of hardware that size that wants to have a lifespan of at least a few years is going to be dark-colored or simply black. The finish is designed to keep the device looking pretty for as long as its lifespan will allow.
Please stop being the normal consumer troll that goes, "Hey, those two things look similar. I'll just take it at face value that one of them copied the other, instead of doing some introspection on the design, and reaching a more valid conclusion which expresses an understanding of the individual facets of a design and why the exist."
Troll.
And I defy anyone to confuse any of these devices, they are quite obviously different.
I am just so glad apple does not make cars, sorry but can't have round wheels, you want glass windows, no way, seats no sorry they have to be milk crates........
It is easy to see which one has the smug, arrogant, hipster fawning all over it and using it as a lure to get you to join his cult. No possible chance of confusion.
The whole principle of evolution is that good ideas are copied and bad ideas die. This principle works so well that even mother nature uses it. Now, thanks to the patent system, this brilliant idea is basically being defeated.
If Pandora's box is destined to be opened, *I* want to be the one to open it.
Well, you might be right about one thing: you probably should be allowed to.
It would sure as hell eliminate at least 1/3 of all the trouble patents give us these days.
I believe prior art would also need to be restructured, though, which makes this much less likely.
... like if someone would buy the Galaxy Tab because it looks like the iPad and wouldn't realize it's not an Apple product. ... has he been living in a cave, or does he just think everyone around him is retarded?
If there is a German judge who can think that, he should be voted for being the most stupid idiot on the planet...
Where is the big Apple logo smashed on the product/box? It has been elected the most valued brand on the planet... and a customer might be confused? Give me a break, that's just laughable... Even Steve Jobs has declared this to be the 'post-pc era of the tablet', was he talking about just one tablet?
Pathetic!
preliminary injunction sounds a lot like guilty before proven innocent.
Give me Classic Slashdot or give me death!
The Samsung Galaxy S2 is outselling Apple's flagship in parts of the world. Just look at the crazy amount of pre-orders: http://www.getyourgadgetsgoing.com/2011/05/09/3-million-samsung-galaxy-s2-have-been-preorderd/
-]Phreak Out[-
...have jurisdiction for the whole EU? It smells like BS from Florian Mueller...
For another, look at the iPad 2, notice how much cooler it is that the iPad 1. That because even in their brilliance, Apple saw their competitors come up with cool ideas they missed.
It's extremely unlikely that Apple co-opted any of their competitors' hardware ideas for the iPad 2, which was released less than a year after the original. The design would have been finalized months before, probably before the original model shipped, then there would have been consultations with manufacturers, procurement of components, tooling up for production, testing, etc.
Organizing the supply chain for production of a complex, high-volume device like the iPad 2 doesn't happen overnight, and once the trigger is pulled on the decision, altering specs is like trying to turn a supertanker on a dime. Even if they saw something they wanted to copy for iPad 2, it would have been next to impossible to incorporate it into production. It would have caused havoc with component procurement, manufacturing, testing, marketing, etc., and would have introduced delays which would probably have been unmanageable.
The Samsung Galaxy S2 is outselling Apple's flagship in parts of the world. Just look at the crazy amount of pre-orders
There certainly have been a great many pre-orders —and shipments— of Tabs, but how many have been converted into sales to actual customers? And of those, how many have been returned? There seems to be a lot of anecdotal evidence that the return rates have been quite high.
I'm not trying to troll; I'm really keenly interested to see if any competing tablets have managed to gain traction against the iPad, because as it stands at the moment, Apple seems to be asserting iPod-like dominance over the category. Their competitors are fighting a juggernaut, and the longer they take to bring a viable rival to market, the much more difficult it's going to be for them to get some mind share. Right now the general public, not those of us who frequent tech blogs, only know that there's the iPad, and may have heard that there are some other devices available. This is the major reason we're seeing so many half-baked tablets being rushed out the door: the manufacturers know that the device isn't quite ready, but they have no choice but to ship if they have any hope of gaining some sort of attention for their offerings. They may stumble, but they know that every second longer they take to throw their hat into the ring is another second Apple is using to lock up an incredibly lucrative market.
The unfortunate thing for Apple's competitors is that they may find themselves battling for a very distant second place. The iPad is riding high, wide, and handsome, and the Xoom, TouchPad, Playbook etc., are slugging it out among themselves for Apple's scraps.
One small step for Apple, one giant plunge for innovation.
Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.Once you think his work business
Including north face sale work load, it must also be one of, you will enjoy (this will bring the ability to succeed), this may make you feel very proud to be the owner.
a favorite phrase of Jobs: "Good artists copy; great artists steal."
With all of the court cases Apple's been involved in. I guess there lawyers were running out of work and wanted a paid vacation to the UK. IMO the Galaxy kicks the iPads ASS anyway, thats probably what the real issue is.