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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.'"
Because that ruling really is for teh lulz. This quote is likely to become an internet meme all on its own, with thousands of pictures of cats sitting on Samsung tablets and half-witted captions about "keepn warrm on mah galaxy bcuz itz not cool"
John
That was a pretty sick burn on the judge's part.
"For a successful technology, reality must take precedence over public relations, for nature cannot be fooled." Feynman
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.
"The iPad is not as HIP! Maaaan"
-- By all means let's be open-minded, but not so open-minded that our brains drop out.
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.
but they are cool enough.
It would be interesting to get one, but not by paying UK prices.
A feeling of having made the same mistake before: Deja Foobar
So, when Apple inevitably appeals the decision, can we take that as a de facto statement that they do not, in fact, find their own products to be "cool" or posses "understated and extreme simplicity" in their designs?
An enigma, wrapped in a riddle, shrouded in bacon and cheese
News sources report a mad rush of hipsters trying to buy a Galaxy Tab before it becomes cool.
https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
There are those who still insist Apples are inherently better for graphics, which really isn't true anymore.
I loved the concept of Android, but used an iPhone for the past 3 years. Android has really come a long way in that time. It should be noted that most iOS 5 features existed in Android first. The notion that Android isn't as cool, slick or intuitive as iOS was once true, but no longer is.
I made the switch to a Galaxy S III and it actually exceeded my expectations. The OS is very intuitive, slick and looks really good. The surprising thing is I think the typography is better, which is an area where Apple normally excels. Roboto is just a great looking scalable font.
I find great features every day that I didn't even know about. For example, I set an alarm on my phone to take a nap. It slowly woke me up with soft music like a zen alarm clock.
http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
See the "Cool Bikes" episode... he thinks he's the judge of Galactic Cool Court...
As someone who hopes that the fragmented android market can compete with apple's patent war...
We'll take this victory.. a sour victory... but we'll take it.
Besides, I like other formats besides mp4.
If it's hipsters you're after, this should augment sales. They're in to Pabst Blue Ribbon, which is definitely the "not cool" of beers especially since Schlitz is gone...
Do not look into laser with remaining eye.
Now the judge should go for the jugular and rule that Apple can't ever sue anybody again because of form based on the 'coolness factor'. The judge should cite Fonzie as prior art.
You can't handle the truth.
...I'm not sure if the judge should be moderated +1,000,000 Funny of -1,000,000 Flamebait. Either way, this oughta be good.
The soylentnews experiment has been a dismal failure.
Imagining a judge almost like the one in the Regular Show episode "Cool Bikes"
Who uses a tablet from ten feet away?
At least according to Wikipedia, a design patent covers the ornamental aspects of a design and not the functional ones. I wonder which parts of apples iPad design are purely ornamental. Is there anything I can take away from the design without sacrificing functionality?
Or is either the Wikipedia entry or my understanding of the English language incorrect?
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.
""Samsung had requested this voluntary trial in September 2011, in order to oppose Apple's ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple's design right, such as 'slightly rounded corners,' 'a flat transparent surface without any ornamentation,' and 'a thin profile.' "However, the High Court dismissed Apple's arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP's TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."
They might be cool (after all, the target market values form over function) but they aren't original!
That IPad they show in TFA is SO COOL!!
Privacy is terrorism.
As the Galaxy Tab can't double as a hand/lap warmer it's obviously completely unrelated product, aimed at a different demographic.
I think the headline should have been "Placing Apple fanboy judge in case backfires on Apple" :-P
Judge says that only simple people use Apple products. Anything more than one button at a time confuses them.
What? I said I was trolling...
I like you, Stuart. You're not like everyone else, here, at Slashdot.
Never thought I'd see Slashdot seriously link to an Onion article and- what? Really?
There! Right there. Did you all feel it? The word "evil" was finally devalued to absolute zero.
My best friend's 2 year old daughter, on her own, figured out how to turn on his iPhone and get to the funny photo of her and pets and whatnot she likes. I'd say the problem lies more with your boss's wife.
Of course, it's never been shown that "innovating" a successful product has ever been one of those things.
Probably. Looking cool at Starbucks in front of the other hipsters is an important thing to many purchasers of tablets.
This is an oft-repeated assertion that only reveals YOU are the shallow callow hipster. Because you see there is more hipster than to scoff at something that once was rare and is now growing in popularity.
You see, what you are doing is exactly how your type of hipster spoke about public cell phone use 13 years ago. And no doubt in any technology revolution there is some percentage of early adopters who enjoy the conspicuous consumption aspect. Most of us can probably remember the dude standing in line at the grocery store in 1997 talking loudly into his phone in a way that was clearly attention-seeking. But now 9-year-olds get cell phones as birthday presents and use them to text grandma. There is nothing in that situation that makes anyone look cool. And now no one in the line at the grocery story notices that you are using a personal phone in public, because they're too focused on playing games on their own phone.
The current universal prevalence of cell phones in top economic countries and their continuing growth in countries on lower economic tiers is a result of their utility, not their coolness. Tablets will stand or fall on the very same merits. I think it's pretty obvious that ten years from now everyone will be somehow carrying/wearing a personal computer every bit as powerful as this year's desktops. Public use of tablets (or whatever replaces them) won't look any cooler and status-seeking than ubiquitous cell use is today.
Hollywood, Television, has become the dream machine. We need to take that back; each of us is a Dream Machine
Which is more than you can say about Apples mobile OS, which has problems doing 2 things at a time, somthing the competition can do.
Exactly. Samsung is not cool enough for that.
-- An avid Samsung customer, for rational reasons.
Rethinking email
Yeah. That old, trusted argument of confusing patens and copyrights.
Rethinking email
Comment removed based on user account deletion
I think you only felt it inside the Apple Reality Distortion Field.
"When information is power, privacy is freedom" - Jah-Wren Ryel
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.
Apple is a widely recognised trade mark, so if it says "Samsung" on the back the chance of confusion is minimal.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
'do not have the same understated and extreme simplicity which is possessed by the Apple design,' Judge Birss said. 'They are not as cool.'
He went on to say,
'Mmmm it feels so warm against my thigh. Mmmmm the Tab's vibrating motor does not... mmmmm... provide the same strength and vigor. MMmmmm Oh Gawd, that retina display! The sleek cool aluminum sliding across my finger tips! Oh! Oh! MMMMmmmm!'
He concluded his summary with these remarks,
'Uh uh uh uh...Mmmmm...iPad...iPad...iPad...!'
Most "Passing off" is subjective; I am reminded of the Chrysler that has been made to look like a Bentley. When asked if they would sue Chrysler for passing off, the Bentley spokesman is said to have replied "Nobody who might actually buy one of our cars would be fooled for an instant." This is a very similar example.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
This would be awesome! Weeks of demonstrating "evidence" in court. "Look! Our browser doesn't even work! It just loads up a jpeg of the Google homepage! The iPad was meant to be held and manipulated via touch screen. Clearly we did not copy them. Ours gets so hot that if you touch any part of the device, you will immediately have you finger prints burned off MIB style! This thing can't even really be called a tablet; I would call it more of a paper-weight-like device. Do not use it as a paper weight though, because it will ignite the paper!!...patent pending. patent pending. patent pending."
Can you say Brit Twit 10 times real fast?
Is the "coolness" a defining factor of what makes Harry Potter what it is?
Apple's trouble is when even a judge is calling their device "cool", and every metrosexual media employee has been indoctrinated into loving their devices, then they cease to be truly cool because they're just another lame fashion accessory. Too "cool" to be cool.
Cool is an elusive concept. Apple and their billion dollar marketing team are trying too hard to hold onto it. When a product becomes 100% mainstream and run of the mill it's become reality TV. So last decade.
The Galaxy Tab is the underdog and underdogs can be cool.
Your ad here.
This just in, Apple requests courts to stop the sale of the HumanCentiPad
Have gnu, will travel.
Good news, everyone! I just broke out the Cool-O-Meter and iPad reads over 40 Megafonzies, while the Galaxy Tab registers a lower reading than Zoidberg.
The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
I hate much of this patent-bullshit and I also hate many of these radical patent haters, but this is just too good.
Not cool enough. Well, Apple should make a commercial out of this and rest its case otherwise. Mission accomplished.
Well?
WHOOSH!
This Samsung commercial in which they mock a bunch of hipsters standing on line for nine hours to buy the next iPhone is probably where that remark came from.
"I could never get a Samsung. I'm creative."
"Dude, you're a barrista."
John
To get the Galaxy Tab banned would they now have to prove that the Tab is cool enough to be confused with an iPad? Not that I think any tablet is particularly cool to be honest, they're all oversized media consumption devices. I prefer the older HP windows running tablets that were actual fully capable computers, but at the the time the price point was not consumer level at all... and as much as I can't stand Microsoft products (if I weren't a heavy PC gamer I wouldn't be using Windows) the Surface Pro might actually be a tablet I'd consider.
When will IP apologists give it up?
I love Jesus, except for his foreign policy.
It means he uses buffer overflows and other exploits that Sumerian goddesses merely dabbled in, not to merely DoS other systems, but to get those systems to execute code which performs "buy x."
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
I'll have you know that I am very cool. I listen to hip-hop.
You know, that is fucked up, the only time I use my iPad is when I go to Starbucks. Never realized that until just now.
I object to power without constructive purpose. --Spock
This reminds me of when they banned K.C. Munchkin back in the day... they did it because he was so much cooler than Pac-Man.... especially Atari 2600 Pac-Man, which made little children cry.
"MIT betrayed all of its basic principles."
I don't think I've ever heard of PBR being a hipster beer. The only reason I know of people drinking it is because it's damn inexpensive.
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