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UK Judge: Galaxy Tab "Not Cool" Enough To Infringe iPad
zacharye writes "U.K. Judge Colin Birss has ruled that Samsung can continue selling its Galaxy Tab 10.1 in the region because the Android tablet is 'not as cool' as the iPad and therefore is unlikely to be confused with Apple's slate. Samsung's Galaxy line of tablets 'do not have the same understated and extreme simplicity which is possessed by the Apple design,' Judge Birss said. 'They are not as cool.'"
The rule is fine, but the logic used is horrible. Instead of pointing out how obviously screwed up the patent system is, we see this: A special case exception based on an opinion, which is most obviously not law and can not be translated in to law!
-The wise argue that there are few absolutes, the fool argues that there are no probabilities.
Come'on when was the last time you've ever heard the words "not as cool" coming from a bunch of silly looking serious magistrates (with those funky white hairpieces).
It's a funny image.
If you want a device that has no controls except the touch screen itself, you are going to wind up with a screen surrounded by a narrow frame. The only choice is color, and black has been a safe bet as a trendy color for decades.
So the usual question: what else should a tablet look like?
Design patents aren't.
Enjoy life! This is not a dress rehearsal.
Are you kidding? This is hilarious!! It puts Apple in the classic catch-22 position. Either they now seriously argue that Android tablets are "every bit as cool" as its IPAD devices... or they agree with the Judge and abandon their law suit. That just might be one shrewd Judge! Either way, Apple's options suck right now!
Who uses a tablet from ten feet away?
So Apple has the rights to "cool." Is that patent, trademark, or copyright? Or does the UK has some other category where a "registered design" means something important?
Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
I think it's a ruling that lots of people should be happy with... theoretically. It certainly does call Apple on its case that "it might be mistaken for..." Clearly, the judge sees the two devices as different enough not to be mistaken for the other and that's at the core of what their [current] suit is about.
Now, that's not to say they won't turn around and sue for some other idiotic thing, but at least that's one less thing they can sue about... in the UK. Good thing the judges tend to pay attention to what the others rule and take those ruling into consideration.
Honestly, I went the other way on this one.
Samsung has just had their product ruled demonstrably inferior by a court of law. Not exactly a marketing message they want celebrate.
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That just might be one shrewd Judge!
That is apparent, and with a dry sense of humour.
When all you have is a hammer, every problem starts to look like a thumb.
Or they can proudly declare that their product is for people who care about functionality and features rather than 'cool'.
DRM: Terminator crops for your mind!
Let me help you guys out here. I am a sales engineer, so I am close enough to marketing to know how to spin this. I can see a Galaxy commerical going like this:
An old judge is his chambers using some sort of app designed for the buggy whip enthusiast on his iPad. He exclaims how "cool" this is.
Now we cut to a hot young chick snow-sking down a mountain in a bikini and using her Galaxy to find the nearest nightclub with Google Maps and posting pictures to Facebook to arrange a "gathering" that evening. She exclaims how "hot" that is.
If you think not being cool makes you inferior, you were either a bullied or the bullied in school. Each tablet has its merits, the judge simply dealt with it in a hilarious reverse peer pressure sort of way.
Apple: The Galaxy Tab is totally trying to copy our style. Make them stop! ...Are they gone? ...Why's that?
Judge: Nah, it's not as cool as you guys by far. I mean, you guys are cool right? Cause if you weren't, I could totally see Galaxy Tabs as being the cool guys.
Apple: Um, naw bro, we're cool... But they suck, so we didn't want them tainting our style is all...
Judge: That's what I thought. Stay cool, dudes.
Apple: Aiight, peace J-dawg.
[beat]
Samsung:
Judge: Yeah. I don't think they know what just happened.
Samsung: I mean, I guess. You didn't have to rule us uncool though.
Judge:
Samsung: Part of who we are is that our customers like to make up their own minds about our products, not just be told what their opinio....
Judge: Exactly.
Samsung: Judge, you're the best.
So you're telling me that you're going to accept a judges opinion on what's cool?
I'm friends with a few judges and retired judges, nice guys, but I'm not taking advice on what's cool from them.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
Apple's not cool anymore.
With their domination of the tablet market, the fanatical following of their phones, and the dominance of the portable music devices, not to mention their obsession with being cool; these factors can only lead me to one conclusion: Apple is not cool anymore.
Simply because its not cool to be part of the herd. And The Cult of the Fruit is one big herd.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
It's demonstrably less cool. Not demonstrably inferior.
The thing is, there's no argument that Apple products are inherently stylish. Anyone who thinks "cool" matters will go for the iPad.
Nobody chooses Android over Apple because it's cooler. They do so because they like the apps, or because they believe in slightly less closed platforms, or because they prefer the way it works, or because they see the iPad as hipsterish (where being "cool" is actually harmful).
I dunno, things like aspect ratio (4:3 vs 16:9 or 10, can't be buggered to check) and orientation, number of buttons on the front panel (1 for iPad, 0 for gTab), position of connectors and stuff like that.
If you'd put iPad and gTab side by side as GP proposed, you'd see that it's like Samsung's engineers carefully took all the measurements from iPad to make an exact copy, and then threw 'em away and designed a tablet that only has "rectangular, rounded, black, flat front" in common. Of course, GP did no such thing and only knows what approved sources tell him.
I buy products based on price and usability, not 'cool'. Unlike all the iDrones out there that rush out when the newest and 'coolest' item shows up. Sure, they spend more and keep Apple in business.
Meanwhile, Samsung (and other Android devices) continues to grow their user base creating several different devices that just work. Between the wife and I we have Samsung SII, a Samsung Note, and a Samsung tablet. All have worked great and provided us more choices than 'black or white' or 'how much non-upgradable memory do you want with that'.
In fact, my daughter just switched to an HTC android phone after having an Apple phone for years, and likes it better.
Keep your 'cool', it might attract a few customers that can afford it. I'll take basic usability for a lower overall cost.
I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
while managing not to commit any of the classical faux pas which are typical of most other engineers (such as calling the customer an idiot when they are bein an idiot).
Or more likely, telling the customer the unadulterated truth about the product.
Android is only SLIGHTLY less closed than iStuff, seriously?!??!