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The Surprises In the Latest Apple V. Samsung Court Documents

Nerdfest writes "The lawyers behind the upcoming Apple v. Samsung trial have been hard at work filing docket after docket as their court battle looms closer, and many of those dockets have just been released to the public. We're now seeing a lot of previously secret information about the early days of iPhone and iPad R&D, and what's happened behind closed doors at both Apple and Samsung. Surprises include the iPhone design being 'inspired' by Sony product ideas, and that Samsung was warned that it was copying Apple."

257 comments

  1. No no no by Anonymous Coward · · Score: 0

    You meant to write that Apple was *copying* Sony and that Samsung was warned "Hey, we're copying Sony here, go copy someone else"...

    As if first to copy imbued special rights.

    1. Re:No no no by Anonymous Coward · · Score: 0, Funny

      Hey it did back when it was copying Xerox's XPARC. Why stop now?

    2. Re:No no no by MrHanky · · Score: 4, Funny

      But Xerox was a xeroxing company. They made products for copying.

    3. Re:No no no by Anonymous Coward · · Score: 0

      Xerox copiers, as long as the patent held, were the cash cow that supported the advanced research done by Xerox P.A.R.C.

      Sadly, like the old AT&T, that is all gone. Out to China I guess.

    4. Re:No no no by ColdWetDog · · Score: 1

      But Xerox was a xeroxing company. They made products for copying.

      But then they went ahead and screwed things up by doing original research. Thus, the Natural Order of the world was disturbed and Steven P. Jobs ...

      Well, we all know how that turned out.

      --
      Faster! Faster! Faster would be better!
  2. More interesting news in the trial... by jkrise · · Score: 4, Interesting

    Microsoft moves to seal their agreement with Samsung for Android licenses.

    http://www.groklaw.net/article.php?story=20120727084323510

    It would be nice to get a close view of the MS-Samsung deal.... it would be even more interesting if it is found that Microsoft PAID money to Samsung rather than the other way round.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:More interesting news in the trial... by Nerdfest · · Score: 3, Informative

      I thought the patents in question had actually been exposed because of the mistakes Microsoft made during the B&N extortion (and were extremely weak, unlikely to survive any patent re-evaluation).

    2. Re:More interesting news in the trial... by UnknowingFool · · Score: 2

      They might be part of the Android licensing deal where MS demanded royalties or licensing deals from the phone manufacturers. At the time most of them were dropping WinMo in favor of Android. My understanding was the deal was that they made WP7 phones and paid a fee for every Android phone or MS would go after them for patents. Motorola was the one that didn't agree and there is a MS-Motorola lawsuit.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:More interesting news in the trial... by gl4ss · · Score: 2

      I would think it to be pretty expected that Samsung is/was getting a discount on their WP phones by them paying for android licensing, though the moneyflow would probably still be from samsung to MS.

      --
      world was created 5 seconds before this post as it is.
    4. Re:More interesting news in the trial... by Xest · · Score: 1

      It's quite possible that it's tied in to some kind of WP7 deal, such that Microsoft will ignore Android patents for Samsung, providing Samsung continues to manufacture WP7 phones, and may have WP7 license fees waved or some such thing.

      Samsung's Windows Phones probably make them so little money that it wouldn't even be worth doing relative to the massive success of their Android phones unless there was some kind of incentive. Their time would probably be better spent just focussing 100% on Android for their smartphone business normally.

      Of course, I'm just speculating, but this wouldn't be the first time Microsoft has struck this kind of deal and spun it as something it isn't, nor would it be unusual for companies in general.

  3. Surprises? by garcia · · Score: 2

    1. Most of what are shown here are not surprises, they are iterative design concepts.

    2. A kickstand is not a surprise; it seems logical.

    3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

    4. What is a surprise is that Sony didn't patent their design so they could be suing Apple right now for lifting it.

    5. Another surprise is that this story continues to gain stories on Slashdot and other sites. It's a little overdone. Let us know when something of substance appears that is actually interesting.

    1. Re:Surprises? by Anonymous Coward · · Score: 2, Insightful

      4. What is a surprise is that Sony didn't patent their design so they could be suing Apple right now for lifting it.

      Or that LG didn't with their Prada, which clearly pioneered the "iPhone type" smartphone, before Apple. But then Apple is one of the most litigation-happy tech companies.

    2. Re:Surprises? by larry+bagina · · Score: 2, Insightful

      3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

      They didn't see it. Apple *read* (in an interview) about a prototype Sony was working on and then did a mock-up based on the description. Sort of a "What would Sony do?" or "How would Sony do it?"

      --
      Do you even lift?

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

    3. Re:Surprises? by Nerdfest · · Score: 4, Informative

      The mock-ups were based on the design description from Sony, and are quite similar to the design patent awarded to Apple.

    4. Re:Surprises? by Anonymous Coward · · Score: 0

      So in summary Apple copied no Sony Product at all. Because it doesn't exist.

    5. Re:Surprises? by LynnwoodRooster · · Score: 2

      3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

      4. What is a surprise is that Sony didn't patent their design so they could be suing Apple right now for lifting it.

      Maybe Sony didn't patent their design because they are adult enough to realize the veracity of claim number 3? Don't try to force through a patent when what you do is obvious and not novel...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    6. Re:Surprises? by Anonymous Coward · · Score: 0

      Maybe Sony didn't patent their design because they are adult enough to realize the veracity of claim number 3? Don't try to force through a patent when what you do is obvious and not novel...

      Or more simply there was no design to patent. The only thing sony had was a design philosophy.

    7. Re:Surprises? by tooyoung · · Score: 5, Informative

      4. What is a surprise is that Sony didn't patent their design so they could be suing Apple right now for lifting it.

      Not really a surprise if you read the Samsung filing. Apple didn't copy a design that they saw from Sony. An interview with a Sony designer described a concept for a phone that fit in the hand, had rounded corners, and a lack of buttons on the front of the device. Based on this, an Apple designer created a concept design of what this Sony phone would look like. Just to be clear - the screenshots that people will be posting links to in comments during the coming months are screen shots created by Apple. These are not designs that Sony created, although many posters will have that misunderstanding.

      It will be very tempting for people to make posts saying "how can Apple sue Samsung for rounded corners when they stole the idea from Sony.". These comments will be modded highly, as there is a common misconception on slashdot that Apple has sued Samsung for rounded corners. Rather, Apple has sued Samsung for combining so many visual and behavioral elements from the iPhone and iPad that they have obviously ripped off the design. Any one of these elements in isolation does not infringe on the design, it is the sum of so many similarities. So many similarities, in fact, that Google actually demanded that Samsung alter their design.

    8. Re:Surprises? by punit_r · · Score: 5, Informative

      3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

      They didn't see it. Apple *read* (in an interview) about a prototype Sony was working on and then did a mock-up based on the description. Sort of a "What would Sony do?" or "How would Sony do it?"

      Cant find an accurate date on these SONY phones (range 2006 to 2010), but the iPhone 4 looks extremely close to these.
      http://www.cellphonebeat.com/sony-ericssons-cybershot-concept-phone.html
      http://moblog.net/view/273678/new-sony-ericsson-concept-phone
      And multiple phones in these pages (plus/minus a few pages)
      http://www.concept-phones.com/tag/sony-ericsson-concept-phone/page/6/

      It does not matter whether SONY actually released the particular product in the market or not. The bottom line is Apple's claim that they have come up with an "entirely original" idea that never existed before does not hold water. If anyone is going to design a new touch screen only phone / tablet, there is not much one can do. They cant Patent a rounded rectangle and assert it to prevent competition in the market and escape the microscopic examination of others.

      Apple keeps parading the image of before / after iPhone cellphones, where it claims that all cellphones before iPhone were flip / qwerty and candybar and touchscreens did not exist at all (which is a lie). There were many PDA phones before the first ever iPhone in 2007. Even without the iPhone touchscreen phones would have come in the market.
      http://www.gsmarena.com/sony_ericsson_p910-846.php (one cant argue that size of this phone would have never shrunk with time and with advances in technology)

    9. Re:Surprises? by Anonymous Coward · · Score: 0

      Maybe Sony didn't patent their design because they are adult enough to realize the veracity of claim number 3? Don't try to force through a patent when what you do is obvious and not novel...

      Actually that seems childishly naive not adult. Ignoring how the world actually works.

    10. Re:Surprises? by Deorus · · Score: 2

      The Prada came out only 4 months before the iPhone, furthermore that tells you nothing about previous research or patent applications. If Apple had iPad prototypes as early as 2004, imagine when they started to think about and patent iPhone designs, especially considering that the first iPhone concept is from 1983 (totally different from what it is now, but serves to show just how long Apple has been thinking about the iPhone)...

    11. Re:Surprises? by aaaaaaargh! · · Score: 5, Interesting

      That's right. As it seems,Apple did this: They copied Sony's idea based on their description of a product, not any real product, then patented the design as if they had invented it themselves as something genuinely new, and then sued Samsung for damages, claiming that it took them millions of dollars of R&D costs to come up with the design and the product specifications in the first place.

    12. Re:Surprises? by Anonymous Coward · · Score: 0

      Apple did this: They were inspired by a design philosophy from Sony and came up with a 100% original design, patented their design because they came up with it themselves because it was something genuinely new, then sued Samgung for ripping off their design.

    13. Re:Surprises? by Anonymous Coward · · Score: 0

      I thought that maths and slashdot intersected:

      If none of the similarities between samsung and apple intesect the infringement set. Neither does their union.

    14. Re:Surprises? by 0xdeadbeef · · Score: 1

      Let us know when something of substance appears that is actually interesting.

      Ok. Should we contact you by email or phone?

    15. Re:Surprises? by fredprado · · Score: 5, Insightful

      There is nothing 100% original in this universe. Actually there is nothing 10% original to tell the truth.

    16. Re:Surprises? by Anonymous Coward · · Score: 0

      It's even less than that. From TFA,

      "In February 2006, before the claimed iPhone design was conceived, Apple executive Tony Fadell circulated a news article to Steve Jobs, Jonathan Ive and others. In the article, a Sony designer discussed Sony designs for portable electronic devices that lacked buttons and other âexcessive ornamentation,â(TM) fit in the hand, were âsquare with a screenâ(TM) and had âcorners [which] have been rounded out,â(TM)â the document explains. An Apple industrial designer, Shin Nishibori, then mocked up the design, even using Sonyâ(TM)s logo on the back of the CAD drawing.

      According to Nishibori's testimony, his design changed the course of the iPhone project, and pointed it toward the iPhone of today.

      These are only accusations, and even then they only add up to displays of 'what our competition is thinking about'.

      It doesn't demonstrate that the Apple-made /interpretation/ of what a Sony design /might be/ is the direct inspiration for the iPhone, only what one possible competition to the iPhone /might/ look like.

      Yup, reviewing your competition 'changes' the course of a product. And it's a long long way from 'they copied us' or 'they got their product design from us'.

      And since this is an /accusation/ from Samsung, rather than established fact in the case, it's revealing that they didn't even bother to make a more specific and useful claim. They knew bloody well they had nothing here but fluff.

      Tactically, it's presented the way it is so it could only be discredited in court, but not draw more attention by being proved wrong. Means it becomes a neutralized point in the game, not a point for the other team.

    17. Re:Surprises? by fredprado · · Score: 1

      Actually no. It can be argued that Apple didn't have good results in their litigation, especially outside US. Most of their claims are of patents they filled of designs and concepts that either shouldn't be patented, because they were too general, or that had prior art. Additionally they got the reputation of patent trolls, which will hunt them sooner or later in courts, as judges start to get fed of it.

    18. Re:Surprises? by drinkypoo · · Score: 4, Insightful

      Maybe Sony didn't patent their design because they are adult enough

      Uh no, because we're talking about Sony here. Remember Betamax? Memory stick? Minidisc? Rootkits?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    19. Re:Surprises? by farble1670 · · Score: 2

      4. What is a surprise is that Sony didn't patent their design so they could be suing Apple right now for lifting it.

      no, what's a surprise is that apple received a patent their design.

    20. Re:Surprises? by Belial6 · · Score: 5, Insightful

      And THAT is the first, biggest problem with "IP".

    21. Re:Surprises? by fredprado · · Score: 1

      Exactly.

    22. Re:Surprises? by ColdWetDog · · Score: 4, Interesting

      It will be very tempting for people to make posts saying "how can Apple sue Samsung for rounded corners when they stole the idea from Sony.". These comments will be modded highly, as there is a common misconception on slashdot that Apple has sued Samsung for rounded corners. Rather, Apple has sued Samsung for combining so many visual and behavioral elements from the iPhone and iPad that they have obviously ripped off the design. Any one of these elements in isolation does not infringe on the design, it is the sum of so many similarities. So many similarities, in fact, that Google actually demanded that Samsung alter their design

      Very much this. This one paragraph distills the annoyance I have with a number of vocal Slashdotters who have tried to oversimplify their hate of Apple into a meme of rounded rectangular corners. Come on folks, even the most VBasic-crippled, 10E6 numbered poster can figure out the logical constructs of an AND statement....

      --
      Faster! Faster! Faster would be better!
    23. Re:Surprises? by Anonymous Coward · · Score: 0

      Sorry, but "It's not rounded corners, it's combination of all the features" meme is not much better, considering none of those repeating it ever bother to enumerate any of these features.

      Let's try to do this here and break the tradition, shall we? I'll begin:

      1) Rectangular with rounded corners,
      2) Flat glass top,
      3) Bezel around the screen,
      4) Grid of icons in the launcher,
      5) ...

      Take it over from here.

    24. Re:Surprises? by Anonymous Coward · · Score: 0

      Sorry, but "It's not rounded corners, it's combination of all the features" meme is not much better, considering none of those repeating it ever bother to enumerate any of these features.

      Let's try to do this here and break the tradition, shall we? I'll begin:

      1) Rectangular with rounded corners,
      2) Flat glass top,
      3) Bezel around the screen,
      4) Grid of icons in the launcher,
      5) ...

      Take it over from here.

      http://peanutbuttereggdirt.com/e/2011/05/03/apple-vs-samsung-a-visual-guide-to-apples-ip-claims-hardware-icons-packaging/

    25. Re:Surprises? by bigstrat2003 · · Score: 1

      It's only naive if you operate under the illusion that other companies don't engage in similar behavior. Refraining from engaging in said behavior is not naive, it's acting in a reasonable and ethical manner.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    26. Re:Surprises? by Anonymous Coward · · Score: 0

      Yeah, that link totally helps here.

      For a start, it shows how Samsung's design radically changed from F700 to Galaxy S (I mean, check it, icons are now in color AND there's color silver appearing on the border now). Also, their marking is incosistent, half of things they crossed out on F700 seems like were crossed just because nobody would bother to check what's written there (really, "The color black appears on the front of the deviceabove and below the gray rectangle and on the curved corners of the device." doesn't apply to F700?)

      Now there's how specific are tablet related claims:

      The mark consists of the configuration of a rectangular handheld mobile digital electronic device with rounded corners. The mark consists of the configuration of a handheld mobile digital electronic device. The color gray appears as a rectangle at the front, center of the device. [the screen]The color black appears on the front of the deviceabove and below the gray rectangle and on the curved corners of the device.

      Here, only those they marked as matching left. Nope, it's not about black rounded rectangle with a screen, as you can see. There's much more to it.

      Then there's icons that are _totally_ copies of each other. Except for only thing copied are idea.

      Thank you for proving my point.

    27. Re:Surprises? by Tough+Love · · Score: 2

      3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

      To state the obvious: but only Apple is hypocritical enough to sue over it, especially having done so itself.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    28. Re:Surprises? by Tough+Love · · Score: 1, Interesting

      Face it, Apple is busted on this one. But of course facts are never enough to stop an Apple spinbot from spinning on. And on. And on.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    29. Re:Surprises? by Tough+Love · · Score: 0

      Face it, Apple is busted on this one. But of course facts are never enough to stop an Apple spinbot from spinning on. And on. And on.

      Oh, and cue the Apple spinmods.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    30. Re:Surprises? by cheesybagel · · Score: 2
      Touch screen rectangle without a keyboard? There were plenty "smartphones" like that before the iPhone even if we exclude PDAs:

      Heck I had a Sony K750 phone (with a camera flash) and it is also a black square rectangle candy bar with a color LCD screen with a chrome bezel around the phone. It did not have a large touchscreen because those were too expensive at the time. The fact is cellphones were converging towards that form factor regardless if Apple made the iPhone or not. Samsung is having problems trying to make their cellphones as different as possible from the iPhone because it is pretty hard to come with a different shape which makes sense from a usability perspective. Once you have the large touchscreen you cannot change the shape too much otherwise it won't fit a pocket anymore. Which is also why you hardly saw non-rectangular calculators either. As one guy from HP once said the constraint was that it had to fit into a shirt pocket.

      If you compare it with other designs which also used large LCD screens like PDAs you can easily see that such designs keep popping up. The Handspring Visor is one example but there are others.

    31. Re:Surprises? by sjames · · Score: 2, Insightful

      The Prada came out only 4 months before the iPhone

      Meaning that we must conclude either that the iPhone is a copy of the Prada OR we must conceed tha tsimiolar goals and same technology lead to naturally similar designs.

      Either way, Apple is left with no justification of their lawsuits or theie yelling "Mine Mine Mine!" Daffy Duck like.

    32. Re:Surprises? by Anonymous Coward · · Score: 0

      It must be hard to be a playa who's as oppressed as you, ToughLove. First spinbots, now The Man is keeping you down with mod points. I bet it's people behind the scenes at Slashdot doing the modding anyway.

      Fight the good fight, man. Everyone knows Slashdot is cashing checks from Cupertino, but it's voices in the wild like yours that keep it "real."

    33. Re:Surprises? by Anonymous Coward · · Score: 0

      better the previous model http://www.gsmarena.com/sony_ericsson_p800-pictures-326.php.

      other touch phones:
      http://www.gsmarena.com/tel_me__t919-389.php
      http://www.gsmarena.com/motorola_a1000-653.php
      http://www.gsmarena.com/motorola_a1200-1429.php

      honorable mentions to:
      http://www.gsmarena.com/o2_xda-696.php
      http://www.gsmarena.com/hp_ipaq_h6325-1310.php
      http://www.gsmarena.com/ericsson_r380-195.php
      http://en.wikipedia.org/wiki/Kyocera_6035
      http://en.wikipedia.org/wiki/IBM_Simon
      .

    34. Re:Surprises? by Anonymous Coward · · Score: 0

      Apple is for girls and girly men.

    35. Re:Surprises? by Deorus · · Score: 3, Interesting

      Meaning that we must conclude either that the iPhone is a copy of the Prada OR we must conceed tha tsimiolar goals and same technology lead to naturally similar designs.

      I don't see how the former could be feasible considering the timeframe. Regarding the latter, don't blame the players, blame the game.

      Either way, Apple is left with no justification of their lawsuits or theie yelling "Mine Mine Mine!" Daffy Duck like.

      They aren't suing LG as far as I know, so I don't see the relation, and there's strong evidence pointing to Samsung having actually and knowingly copied Apple's designs. Plus as I mention what matters are the dates in which patents are filed, not the time products come out. Once you file an application for a patent you can pretty much assume that it's public knowledge.

    36. Re:Surprises? by chrb · · Score: 1

      So many similarities, in fact, that Google actually demanded that Samsung alter their design.

      No they didn't.

    37. Re:Surprises? by deathguppie · · Score: 2

      Rather, Apple has sued Samsung for combining so many visual and behavioral elements from the iPhone and iPad that they have obviously ripped off the design.

      Do you have any link to documents that back that up?
      here (pdf) is the actual Apple filing. Reading it tells us that, although Apple is attempting to imply what you are saying, the actual court case comes down to their design patents. i.e. "rectangle with rounded corners" not the combination of behavioural elements from the iPhone/iPad as you are claiming.

      As people have noted here many times, there are plenty of smart phones created before the advent of the iPhone with many of the same elements that the iPhone later came out with. Everyone was talking about what direction the smart phone would go, and it seemed obvious to most even at that time, that the full screen phone was what was going to happen. LG Prada

      What really seems unfair about this to me is that where Samsung spent years and billions of dollars in R&D to help develop cell phone standards like 3g, Apple has not added anything to the development of cell phone standards and even refuses to negotiate with Samsung for any sort of payment for those patents. Meanwhile Apple wants Samsung to pay literally all of their profits to Apple for "allegedly" using their design patent (rounded corners).

      --
      once more into the breach
    38. Re:Surprises? by Anonymous Coward · · Score: 0

      An again none of those look anything like an iPhone.

    39. Re:Surprises? by Anonymous Coward · · Score: 0

      Subtract the kinetic bounces, and your homescreen and OS behaviour functions very much like Anrdoid 1.5, and even more so for Android 4.x.

      Tell me which OS (or even phone!) I'm using from this description:
      - I have a rectangular phone with a volume rocker on the long edge. On another edge, I have a power / screen off button. On one of the smaller edges, I have a port to connect a dual purpose data / power cable.
      - You swipe down the top bar to get your notifications.
      - Applications suspend themselves when backgrounded, so you don't need a task manager and still never run out of memory.
      - A phone call comes in, you can respond with an SMS straight from the "incoming call" screen.

      Well?

    40. Re:Surprises? by sjames · · Score: 3, Insightful

      You see no relation whatsoever to Apple's product bearing a remarkable (and I'm sure Apple will claim, harmless) resemblance to an earlier LG product and Samsung's product bearing a resemblance to Apples (Which Samsung claims is harmless)?

      You can see no reason at all that might weaken Apples claims in the slightest?

      And, I will note that a game only exists if there are players. If I hate the game, I fully reserve the right to hate the player for keeping it alive.

      As for timing, a patent claim is invalidated by prior art. It does matter if a design existed elsewhere before the patent was filed.

      The sdesigns we are seeing ALL reflect images of future technology dating back to the 1960s. None of them have the right to lay claim on the design as far as I can see. The only reason we didn't see these designs in products in the '60s is that we had to wait for the general state of technology to catch up with the vision.

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

      That is precisely how design works. Verbal/written descriptions constitute valid design concepts -- which Apple copied.

      Claims in patents are written -- not drawings.

      No. Apple copied Sony, thus they did not originate their design, and they can have no valid claim to it.

    42. Re:Surprises? by Anonymous Coward · · Score: 0

      The iPhone looks nothing like the LG Prada? Either you are blind or a troll.

    43. Re:Surprises? by Deorus · · Score: 2

      You see no relation whatsoever to Apple's product bearing a remarkable (and I'm sure Apple will claim, harmless) resemblance to an earlier LG product and Samsung's product bearing a resemblance to Apples (Which Samsung claims is harmless)?

      No, because it would be unfeasible for Apple to copy LG in such a short amount of time, not to mention that the Prada never received a lot of attention thus making it even less reasonable for Apple to copy it specifically. Samsung, in the other hand, changed the design of their phones radically after the iPhone (which received a lot of attention) came out, and now there's even evidence that they were warned about the similarities and continued not to care, so they were aware and we are in the presence of bad faith.

      You can see no reason at all that might weaken Apples claims in the slightest?

      The iPhone was patented before it was launched. Unless you can demonstrate that LG patented that design first, then no, I do not see how that would be of relevance.

      And, I will note that a game only exists if there are players. If I hate the game, I fully reserve the right to hate the player for keeping it alive.

      The players can't survive unless they play the game, so hating them doesn't make that much sense. Everybody in this industry patents stuff and makes legal threats in hopes to extort smaller players through settlements, so in my opinion I think it's pretty good to actually see a company that came from the brink of bankruptcy be so open about their business practices and actually engage into patent wars against the once threatening big players that it now dwarves. You are not hating Apple because of how they do business, you are hating Apple because unlike others they are open about it, you are hating Apple because they're honest.

      The sdesigns we are seeing ALL reflect images of future technology dating back to the 1960s. None of them have the right to lay claim on the design as far as I can see. The only reason we didn't see these designs in products in the '60s is that we had to wait for the general state of technology to catch up with the vision.

      You can't claim the existence of prior art without an actual implementation, nor can you patent something that is currently not feasible to implement.

    44. Re:Surprises? by Anonymous Coward · · Score: 0

      Samsung, in the other hand, changed the design of their phones radically after the iPhone (which received a lot of attention) came out

      Yeah, it took them whole month after iPhone to get a similar design out.

      It was completely unobvious for a touchscreen-centric device. Also, this is not a smartphone, and slide-out keyboard makes it _completely_ different. They couldn't ever think about stripping off that keyboard, right?

      By the way, this design was registered in Korea before first iPhone pictures.

      You can't claim the existence of prior art without an actual implementation, nor can you patent something that is currently not feasible to implement.

      We're speaking about _design_ patents. You can claim the existence of prior art for a design patent as long as there was actual implementation of such design.

    45. Re:Surprises? by pgregg · · Score: 1

      The Sony Ericsson P800 was released in 2002 - a full 5 years before the iPhone. Full screen touchscreen Windows 5.5 phone.
      http://www.gsmarena.com/sony_ericsson_p800-pictures-326.php.

      I loved that phone.

    46. Re:Surprises? by LordLucless · · Score: 0

      Rather, Apple has sued Samsung for combining so many visual and behavioral elements from the iPhone and iPad that they have obviously ripped off the design.

      Care to enumerate those visual elements? Because Apple's design patent (which I'm sick of linking to in these stories; you look it up) is extremely minimal, and contains very few distinctive visual elements.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    47. Re:Surprises? by sjames · · Score: 0, Flamebait

      They most certainly don't have to play the game. They weren't playing the game until Apple fired the first shots. However, since you appear to be in full fanboi mode (BTW, Jobs may have known how to use the RDS, but you don't seem to posess that knowledge) I suppose nothing can possibly move your opinion the slightest bit, no matter how much fact and logic you are forced to mis-interpret or forget in order to do it.

    48. Re:Surprises? by ToThoseOfUs · · Score: 1
      I believe it actually used UIQ 2 (aka Symbian).

      I almost bought one of these bad boys, Symbian was a big selling point for me. It's a pity that Nokia has effectively killed it.

    49. Re:Surprises? by Eyeball97 · · Score: 2

      Yeah, that link totally helps here.

      For a start, it shows how Samsung's design radically changed from F700 to Galaxy S (I mean, check it, icons are now in color AND there's color silver appearing on the border now). Also, their marking is incosistent, half of things they crossed out on F700 seems like were crossed just because nobody would bother to check what's written there (really, "The color black appears on the front of the deviceabove and below the gray rectangle and on the curved corners of the device." doesn't apply to F700?)

      Now there's how specific are tablet related claims:

      One question. Why did Apple themselves REMOVE the F700 from their filings?

      Here's why:

      Apple lawyer #1: Your honour, we'd like to draw your attention to the F700 which is clearly a copy of the iPhone
      Apple lawyer #2: Errr... A moment your honour... [nudges lawyer 1] "(actually the F700 was before the iPhone 1)"
      Apple lawyer #1: Your honour, we'd like to have the F700 excluded from these proceedings as it is not relevant

    50. Re:Surprises? by stephanruby · · Score: 3, Informative

      Uh no, because we're talking about Sony here. Remember Betamax? Memory stick? Minidisc? Rootkits?

      Actually, I thought we were talking about Sony Ericsson, not Sony.

      Sony does own Sony Ericsson right now, but that wasn't the case at the time.

    51. Re:Surprises? by Smauler · · Score: 3, Interesting

      You are not hating Apple because of how they do business, you are hating Apple because unlike others they are open about it, you are hating Apple because they're honest.

      This is either a fanboy or a shill comment. If you seriously believe it's neither, you're the former.

      Seriously, Apple have been abusing patent law for their gain for a while now. You can claim patent law is broken (which it is), and you can claim that their patents are legally valid (which at least some of them are, others are questionable), and you can claim all their competitors are doing the same (which they are, some less aggressively though). However, claiming Apple are being honest and not engaging in anti-competitive patent hoarding and suing is flat out false. Yes, lots of other companies do the same, some are worse, some are better.

    52. Re:Surprises? by viperidaenz · · Score: 2

      not to mention that the Prada never received a lot of attention thus making it even less reasonable for Apple to copy it specifically

      LG won design awards for the Prada in 2006. The iPhone came out in 2007.

      Unless you can demonstrate that LG patented that design first, then no, I do not see how that would be of relevance.

      You don't need a prior patent to invalidate another patent, you only need prior art. It only needs to be demonstrated that LG designed their phone first, not patented the design.

    53. Re:Surprises? by Smauler · · Score: 1

      Rather, Apple has sued Samsung for combining so many visual and behavioral elements from the iPhone and iPad that they have obviously ripped off the design.

      You're allowed to rip off the design : Look and feel used to be not patentable, absolutely. Now it's a little fuzzy, but that patent has not stood up to serious legal challenge - the first didn't.

      Established law is that visual and behavioural UI element "feel" is not patentable, usually. That's why "look and feel" lawsuits don't generally work, unless you have a load of lawyers, and a load of time, and the person you're suing doesn't.

    54. Re:Surprises? by fustakrakich · · Score: 1

      Let us know when something of substance appears that is actually interesting.

      The White Sox are in first place two games ahead of the Tigers...

      --
      “He’s not deformed, he’s just drunk!”
    55. Re:Surprises? by Anonymous Coward · · Score: 0

      *POP*

    56. Re:Surprises? by Anonymous Coward · · Score: 0

      So a company that wants to inflict billions in damages for products that are based on ideas copied from Sony is no news? The iphone 4 looks exactly like rhe iPhone 4. And the iPad just continues that trend. Call Apple hypocrite and you barely scratch the surface: Apple, compete on the basis of product, not courts.

    57. Re:Surprises? by Anonymous Coward · · Score: 0

      I enjoy slashdot since 2000, love my iPhone and think Apple has a double moral. They documented a Sony description of a phone (including the Sony logo), patented the design and now sue to the very vendor that enabled them to build the phone? I wouldn't mind seeing Apple go bunkrupt 40 years from now. I feel bad about them, but I like their phone (iOS)

    58. Re:Surprises? by Anonymous Coward · · Score: 0

      I think that's why they are ultra secretive. They stole the market to Sony by listening to a 1 minute decription which is now worth 300 billion dollars or more. No wonder their hermetism.

    59. Re:Surprises? by Compaqt · · Score: 1

      That's a very important point:

      This: Phones in the early 2000s didn't have a touchscreen because they were too expensive. When they became cheaper, everybody had them.

      Not this: Apple's the first one to think of having a large touchscreen. Nobody else thought of that, and if anybody else makes a device with a big touchscreen and black case, they're copying Apple.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    60. Re:Surprises? by Anonymous Coward · · Score: 0

      All those billions of dollars of profit and you think Apple actually care what gets posted by neckbeards on Slashdot. Dream on you fat, inconsequential fuck.

    61. Re:Surprises? by Deorus · · Score: 1

      Yeah, it took them whole month after iPhone to get a similar design out.

      Can you please tell me exactly what that is supposed to prove? Announcing a product with a similar design is something they could have done even a day following Apple's announcements. It's not like they have to have an actual product for the announcement... Fact is that the phone you link to came out nearly a year after the iPhone, from which it borrows features (along with the BlackBerry, another powerful brand at the time). If anything, this proves that Samsung is all about freeloading on the competition's innovations.

      It was completely unobvious for a touchscreen-centric device. Also, this is not a smartphone, and slide-out keyboard makes it _completely_ different. They couldn't ever think about stripping off that keyboard, right?

      After Apple showed the world how to make touch-friendly UIs, yes, it became obvious that touchscreen phones didn't need physical keyboards...

      By the way, this design was registered in Korea before first iPhone pictures.

      Touchscreen phones existed long before the iPhone, they were just not successful or practical because they lacked a proper firmware. It wasn't until Apple released the iPhone and showed the world how to design a proper touchscreen phone complete with a touch-friendly user interface that the designs gained popularity and everybody started to blatantly copy them. By focusing on individual patents rather than the whole argument you are missing this point entirely, so no wonder these legal battles don't make sense to you.

      We're speaking about _design_ patents. You can claim the existence of prior art for a design patent as long as there was actual implementation of such design.

      Smartphone design patterns! The domain is relevant!

    62. Re:Surprises? by Deorus · · Score: 1

      Seriously, Apple have been abusing patent law for their gain for a while now. You can claim patent law is broken (which it is), and you can claim that their patents are legally valid (which at least some of them are, others are questionable), and you can claim all their competitors are doing the same (which they are, some less aggressively though). However, claiming Apple are being honest and not engaging in anti-competitive patent hoarding and suing is flat out false. Yes, lots of other companies do the same, some are worse, some are better.

      Everyone in this industry abuses patent law, but they are even worse than Apple because instead of actually going to court and having the validity of their patents disputed, they engage in legal threats with smaller players with intent to extort! Apple isn't doing that, they're going after the big players and they're putting their patents to the test! Is it a bad thing? It is, but that's what patent law enables you to do, so as I mentioned before, don't blame the players, blame the game. Everybody plays that game, you're just not aware of it because they don't usually make it public! Apple isn't interested in money, they're just happy to do their thing, and in this case a bunch of other companies saw their success and started to copy them, which to me is a perfectly legitimate reason to bring them to court.

    63. Re:Surprises? by Deorus · · Score: 2

      LG won design awards for the Prada in 2006. The iPhone came out in 2007.

      Source?

      You don't need a prior patent to invalidate another patent, you only need prior art. It only needs to be demonstrated that LG designed their phone first, not patented the design.

      Then LG would have to come out and make that prior art claim, which strangely enough they haven't, at least not legally...

    64. Re:Surprises? by AmiMoJo · · Score: 2

      The point is that Apple ripped off the flat front AND the lack of buttons AND the big touchscreen AND the grid of icons AND slide to unlock AND rounded corners AND the rest of it from other people too. The iPhone looks very much like the LG Prada, and the iPad looks very much like a number of tablet-like photo frames that Samsung made. Many of Apple's designs looks very much like Braun designs from the 70s and 80s.

      There is nothing wrong with that. What is wrong is then turning round and saying that Samsung are not allowed to do it, and then releasing highly misleading images to try and prove their point.

      Apple should compete by making a better product, not through ridiculous litigation.

      --
      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:Surprises? by Anonymous Coward · · Score: 0

      Living inside RDF must be fun, eh? Too bad none of your arguments are based in reality.

      Samsung was showin this working phone a month after iPhone, they also got UI design award for its purely touchscreen interface, and keyboard was there only for text input, as its display's resolution wasn't enough for onscreen keyboard.

      Oh, and domain isn't relevant for design patents' prior art. You can't just take a design from someone and claim it as your own because "it wasn't actual item" or "it was in other domain".

    66. Re:Surprises? by oztiks · · Score: 1

      You're missing the point, a day, a week a month you can't patent prior art, Apple's patent will have to be deemed invalid after this and so it should.

      Throw whatever crafted argument at it but judges are about the law, if you think of them like compilers and the lawyers the code the result will result in this one conclusion Apple cannot sidestep it.

      Time will tell though.

      As for my opinion Jobs if alive today would not of done this he also would not of fucked his suppliers out of the market grabbing at market share like Cook has. Go look at the market cap graph since Jobs death, the company nearly doubled, Cook was reckless and he'll kill Apple because of it, stupid, because MS, Samsung, Google will tear them to shit, if not this time, the next, the target has been set.

    67. Re:Surprises? by serviscope_minor · · Score: 1

      Not this: Apple's the first one to think of having a large touchscreen. Nobody else thought of that, and if anybody else makes a device with a big touchscreen and black case, they're copying Apple.

      Nos sure if serious or sarcastic. On the off chance that you're serious, I guess Apple should sue IBM for the IBM Simon produced in 1992, then. Oh, also Apple should sue AT&T for the 2001 broadband phone which coupled that with a much more familiar looking (now) UI and apps.

      --
      SJW n. One who posts facts.
    68. Re:Surprises? by Deorus · · Score: 1

      Living inside RDF must be fun, eh? Too bad none of your arguments are based in reality.

      Samsung was showin this working phone a month after iPhone, they also got UI design award for its purely touchscreen interface, and keyboard was there only for text input, as its display's resolution wasn't enough for onscreen keyboard.

      Oh, and domain isn't relevant for design patents' prior art. You can't just take a design from someone and claim it as your own because "it wasn't actual item" or "it was in other domain".

      Samsung was showin this working phone a month after iPhone, they also got UI design award for its purely touchscreen interface, and keyboard was there only for text input, as its display's resolution wasn't enough for onscreen keyboard.

      Strange then that they aren't using this claim in court... Don't bring that bullshit about Korean patterns again either, because even though the patents themselves wouldn't be valid in the US, their filing documents would constitute prior art thus making it retarded for Samsung to not have used this to defend themselves already.

      Oh, and domain isn't relevant for design patents' prior art. You can't just take a design from someone and claim it as your own because "it wasn't actual item" or "it was in other domain".

      Designing a cell phone similar to a remote control does not violate any design patterns because the designs are applied to different domains. You could legally make an iSoap or an iToyPhone modeled after an iPhone 4S, and Apple wouldn't be able to sue you for violating design patterns, and while they could still sue you for damaging their image by misrepresenting their products, this requires an actual implementation.

    69. Re:Surprises? by drinkypoo · · Score: 1

      Sony does own Sony Ericsson right now, but that wasn't the case at the time.

      Sure, but they were in bed.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    70. Re:Surprises? by Anonymous Coward · · Score: 0

      Dude, you're so messed up, I don't even know if you're genuinely stupid or a troll anymore.

      You start by mixing up two issues: a) did Samsung copy Apple and b) can Samsung invalidate Apple's patent based on their own patent. While b) is a "no", because their design patent is on a phone with slide-out keyboard, you somehow assume that it follows that a) is a "yes".

      Also, you are again disconnected from reality, because Samsung indeed points out F700 in their arguments.

      Then you mix up "making a product" and "getting a design patent". While you might be able to get out a product based on design from other domain, getting your own design patent on someone else's design from other area and forbidding others from producing the same is a different matter. You might be allowed to produce it, but you can't claim you created it.

      But do go on helping cement the image of "fanboi". You're a great disservice to Apple fan community.

    71. Re:Surprises? by Anonymous Coward · · Score: 0

      Could have, dammit, not could of.

    72. Re:Surprises? by jbolden · · Score: 1

      Its more than that. The two were totally different technologies. LG Prada was based on Adobe Flash, iPhone on Core Animation. So the touchscreen technology in the Prada was about scrolling and light data input. Not like the flocking and zooming experience on the iPhone. That is the Prada was far closer to the Palm than the iPhone.

    73. Re:Surprises? by jbolden · · Score: 1

      Or we conclude that the AC was dead wrong and in Prada vs. iPhone we had very different technologies, using different designs that achieved different goals. The actual differences between Prada and iPhone show what independent evolution looks like.

    74. Re:Surprises? by jbolden · · Score: 1

      There were lots of touchscreen far earlier than 2000. Palm was dominant from about the mid 1990s with a touchscreen. Phones didn't have touchscreens in the early 2000s because phones were about making phone calls and texting. Other devices, designed to plug into your computer and download information in advance, were about data. It took a while till those two separate product classes joined.

      But if you want a 2002 phone with a touchscreen: http://en.wikipedia.org/wiki/Treo_180

    75. Re:Surprises? by jbolden · · Score: 1

      The iPhone looks very much like the LG Prada,

      Yes but it doesn't act anything like the LG Prada. Once you get beyond the most surface examination independent evolution is immediately evident.

    76. Re:Surprises? by Deorus · · Score: 1

      You start by mixing up two issues: a) did Samsung copy Apple and b) can Samsung invalidate Apple's patent based on their own patent. While b) is a "no", because their design patent is on a phone with slide-out keyboard, you somehow assume that it follows that a) is a "yes".

      I was not the one who introduced an unrelated subject to the discussion. Did Samsung copy Apple? Everything points in that direction! At least now it is known that they were aware of it and did nothing to prevent the situation. How long they've been aware of it is a different story altogether, but judging by the (now refuted) evidence that they've provided in their defense, they've been aware of Apple's designs for quite some time...

      Also, you are again disconnected from reality, because Samsung indeed points out F700 in their arguments.

      Perhaps that's already been refuted and that's why Samsung accused Apple of copying SONY with an old design that was not known to the public, and perhaps that's why Apple is now shooting back with iPhone 4 design mockups from 2005 which Samsung was not aware of...

      Then you mix up "making a product" and "getting a design patent". While you might be able to get out a product based on design from other domain, getting your own design patent on someone else's design from other area and forbidding others from producing the same is a different matter. You might be allowed to produce it, but you can't claim you created it.

      If the design patent has no application in a particular domain, others can patent the same design since there's no prior art in that domain. Not that any of this matters, Apple is owning the stage in every possible way right now, there's no way Samsung can get out of this mess now, they can only do damage control now. It is being demonstrated that they violated patents in bad faith and possibly with aid from industrial espionage. Samsung is doing a pretty good job shooting themselves in the feet by keeping this up, and Google will go down along with them!

    77. Re:Surprises? by Anonymous Coward · · Score: 0

      "Everything"? "Unrelated subject"? Existence of Samsung's own similar design released at almost same time with iPhone and registered before iPhone was demoed points in direction of Samsung copying Apple?

      This, Apple's mockups, Samsung's claims fo Sony influence and others are in current round of hearings.

      Also, "Design patents are only granted if the design is novel and not obvious for all items,[8] even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized." (source: Wikipedia, lol).

      Also, good job bringing "possibly industrial espionage" in there.

      Also, I think feeding time is nearly over.

    78. Re:Surprises? by Deorus · · Score: 1

      "Everything"? "Unrelated subject"? Existence of Samsung's own similar design released at almost same time with iPhone and registered before iPhone was demoed points in direction of Samsung copying Apple?

      The fact that Samsung was aware of the SONY design mockup from 2006, does. Everything else you mentioned is irrelevant.

      This, Apple's mockups, Samsung's claims fo Sony influence and others are in current round of hearings.

      Not anymore, that's already being refuted. News of the day is that Apple had iPhone 4 designs in 2005 that Samsung wasn't aware of. Keep up!

      Also, "Design patents are only granted if the design is novel and not obvious for all items,[8] even those of different utility than the patented object. An actual shield of a given shape, for example, can be cited as prior art against a design patent on a computer icon with a shield shape. The validity of design patents is not affected by whether or not the design is commercialized." (source: Wikipedia, lol).

      I accept being wrong in that regard, but that argument has no relevance anymore.

      Also, good job bringing "possibly industrial espionage" in there.

      How else would Samsung be aware of Apple's designs from 2006 in order to make the "Apple copied SONY" claim?

      Also, I think feeding time is nearly over.

      Yes, because claiming that I'm a troll will validate all your arguments, right?

    79. Re:Surprises? by Anonymous Coward · · Score: 0

      The Patent and Trademark office is just a mess, and is the cause of most of this. I had a friend who posted a historical recipe for a particular pie (he does this kind of writing). There are references to this type pie (including the name used) as far back as the early settlers. Some Kentucky based company sent him a cease and desist for posting the recipe with the traditional name because they had trademarked the name. I managed his website at the time, and found that odd, so I called the trademark office. This was maybe eight or nine years ago. I explained to the person I was talking to that a simple on-line search would reveal the recipe and name were historical, and been in use for 300-400 years, and asked how a company could trademark something like that. At the time, so help me, I was told they didn't have internet access to do those kinds of searches.

      Let's look at at least one of the Apple design patents...it is for basically a flat rectangle with equally rounded corners and a smooth clear surface. If that can stand as a patent, then I'm going to get a patent for vehicles with four wheels, and then take every auto manufacturer in the world to court for infringing on my patent.

      I know it's the job a company's patent attorneys to get as a broad a patent as possible, but it should, likewise, be the job of someone at the Patent office, to have the slightest semblance of a brain, and bring some reasonableness to what is approved.

    80. Re:Surprises? by Compaqt · · Score: 1

      "Not this" meaning "negation of this statement", i.e., the following statement is false, so no, Apple isn't the first to think of a big touchscreen.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    81. Re:Surprises? by Anonymous Coward · · Score: 0

      The iPhone 4 looks more like the iPhone "Purple" concept from 2005 than the Sony Phones that came after.

      http://www.slashgear.com/2005-iphone-purple-design-revealed-to-squash-samsungs-copy-claims-30240770/

    82. Re:Surprises? by viperidaenz · · Score: 1

      Source?

      here

    83. Re:Surprises? by Deorus · · Score: 1

      Your sources are outdated. Project Purple's prototypes from 2005 are being used to refute Samsung's claim that Apple copied SONY. Guess LG wouldn't have much of a leg to stand on if they sued Apple after all, and the whole LG Prada bullshit can now be put to rest...

    84. Re:Surprises? by biovoid · · Score: 1

      3. The fact that the iPhone design was lifted from another product design seen by Apple's team isn't a surprise, it's how all companies work.

      Except that this didn't happen. The product design mockup was created by "Apple industrial designer, Shin Nishibori" who was inspired by a Sony designer's article that describes the device, using words alone. The design itself is Apple's property. There was nothing for Sony to patent.

    85. Re:Surprises? by Anonymous Coward · · Score: 0

      prada vs iPhone

      Galaxy vs iPhone

      The trouble with your accusations is they are simply wrong. Prada and iPhone are similar, with obvious differences. No one would mistake one for the other. Galaxy and iPhone are so similar in shape and software function many will mistake one for the other, as Samsung intended.

    86. Re:Surprises? by MrResistor · · Score: 1

      Regarding the latter, don't blame the players, blame the game.

      Fuck that, and fuck you for saying it!

      It's the players that created this game and perpetuate it, and Apple is (at the moment) the worst of the bunch.

      The most effective way to end the game is to get the players to stop playing.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    87. Re:Surprises? by Deorus · · Score: 1

      It's the players that created this game and perpetuate it, and Apple is (at the moment) the worst of the bunch.

      I disagree, the worst of them are the patent trolls and the patent cartels. Apple is straightforward, you always know what to expect from them, but you never know what to expect from people who threaten with "235 patent infringements" without ever telling you what those patents are in attempt to practice extortion. I'm very glad to see someone actually play the game, force other layers to put their money where their mouth is, and expose potentially anti-competitive behavior (Microsoft and IBM being scared of their patent licensing deals with Samsung being exposed and all). You hate Apple because they are the only ones playing an open game that you can actually see.

      The most effective way to end the game is to get the players to stop playing.

      And how do you accomplish that without demonstrating that the game is flawed in the real world (precisely what Apple is doing, intentionally or not)? Also, should the game cease to exist, what alternatives would you suggest to promote innovation? Say everyone in the market could suddenly make iPhone clones: how would Apple be rewarded for their innovation? Why would Apple even enter the game in the first place?

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

      Firstly, this is the kind of company Samsung is :
      http://www.dailytech.com/article.aspx?newsid=2188
      THEY WERE ALREADY RIPPING OFF ICONS OUT OF MICROSOFT'S (Messenger) AND APPLE (OS X) SOFTWARE EVEN IN 2006. GET THE FUCKING FACTS.

      As for the rest :
      I actually owned a LG prada before I got my first iPhone. I've never been an Apple fanboy or anything like that, didn't even own a mac at the time. THE LG PRADA IS A FUCKING PIECE OF SHIT THAT HAS NOTHING TO DO WITH THE IPHONE; END OF THE LINE. ANYONE WHO BELIEVES THAT BULLSHIT NEVER TOUCHED, NOT EVEN LOOKED AT A FUCKING PRADA.

      It's made of cheap, flimsy plastic with a backcover that can too easily feel creaky/bendy when you grip it. It doesn't have a glass front that feels nice to the touch. The touchscreen itself is not multitouch and broken beyond repair, far from responsive and precise. The whole UI of the phone was created using an embedded edition of Adobe Flash and it FUCKING SHOWS.

      IT'S NOTHING LIKE THE IPHONE. NOTHING.
      Android+Samsung exterior shell, their packaging, even a look-a-like of Apple's Dock Connector and wall plug. YOU CAN'T FUCKING DENY THE TRUTH WHEN THE FACT SPEAK FOR THEMSELVES : NO OTHER ANDROID MANUFACTURER CAME CLOSE TO COPYING SO MUCH OF APPLE'S DESIGNS.
      Some of them may have some of the elements mentioned. But like someone said here on slashdot : it's not about the individual piece, but the whole shebang. HTC, Motorola and the others didn't copy EVERYTHING from apple UP TO THE FUCKING DOCK CONNECTOR, PLUG, PACKAGING, RIPPING OFF ICONS AND PUTTING THEIR IN THE WALL OF THEIR STORE.

      Samsung like all asian companies love to take shortcuts and blatantly plagiarize their competitors. Fuck South Korea, if you were to look at the rest of Samsung and not just their mobile division you'd sooner understand what kind of company it is, and what kind of country South Korea is.

  4. Dockets vs. Briefs by SniperJoe · · Score: 2, Informative

    I hate to be pedantic, but you don't file a docket. The docket is the schedule / container for legal filings. Rather, I believe the proper term would be brief in this case. You can also file other things such as suits, claims and motions.

    1. Re:Dockets vs. Briefs by ThunderBird89 · · Score: 0

      Careful, the troll from yesterday may strike here as well, and claim you have no right to correct the summary, as you're not a lawyer...

      Anyway, I believe the lawyers are filing the dockets in their own filing cabinets (and that's where they were released from), not filing them as in "submitting them to the court".

      --
      Hyperbole: I use it liberally!
    2. Re:Dockets vs. Briefs by Nerdfest · · Score: 1

      The first part of the summary is actually from the original Wired story (my quotation marks were removed). I always thought the docket was the schedule as well.

  5. Apple Copies by moniker127 · · Score: 1, Insightful

    Guys- is it ever any surprise that apple copies a design? They design well, but that is because all of their work is second generation. They take a concept then make it shiny, and sell it. They don't make concepts. Hell- the apple 2 was literally a XEROX!

    1. Re:Apple Copies by UnknowingFool · · Score: 2

      Have you actually used/seen a Xerox system. I bet you hadn't as Xerox had great ideas however they still had a long way to go. What Apple paid for and got was use of the ideas. For example one Apple engineer struggled with overlapping windows and couldn't figure out how Xerox did it. Finally he implemented on how own. A year later, he was able to ask a Xerox engineer how they did it. It turns out that they didn't for the version they saw. They had ideas but Xerox didn't get it to work right and so pulled it from the version.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:Apple Copies by Spliffster · · Score: 2

      Well, I think you are confusing some things. I am no big fan of apple but I think it is worth correcting some things that have been said. First of all, xerox is a company not a product. One of the big achievements of Xerox was the alto, an early and capable gui system. Macintosh copied heavily the ideas of the alto, however apple ][ was released before the Macintosh. Apple ][ was a console system. The alto was a "lisp" machine, where the Macintosh was programmed in assembler to be able to run on the much slower hardware. Big differences.

      Cheers,
      -S

    3. Re:Apple Copies by macs4all · · Score: 1, Flamebait

      Guys- is it ever any surprise that apple copies a design? They design well, but that is because all of their work is second generation. They take a concept then make it shiny, and sell it. They don't make concepts. Hell- the apple 2 was literally a XEROX!

      Wow. Are we so far out in computing history that we don't remember the difference between an Apple ][ (designed in 1976 and first sold by Apple in 1977), and the Lisa (first designed by Apple in 1978 and first sold by Apple in 1981)?

      And oh, BTW, Apple didn't "copy Xerox". Apple was shown some technology that Xerox PARC was working on, then they started riffing on it, bringing many improvements. Then, Apple LICENSED the tech from Xerox.

      They stole NOTHING.

    4. Re:Apple Copies by Anonymous Coward · · Score: 0

      s/Macintosh/Lisa/g
      s/Assembler/Pascal/g

    5. Re:Apple Copies by UnknowingFool · · Score: 1

      My understanding was that Xerox used their own language called Mesa which was object oriented. Also Apple got permissions from Xerox corporate to use the ideas for which they paid in Apple stock. The PARC guys thought it was a bad idea; however, Xerox was so focused on copiers that they never understood the potential of it and other things like Ethernet, the mouse, OO programming, etc.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    6. Re:Apple Copies by macs4all · · Score: 2

      Well, I think you are confusing some things. I am no big fan of apple but I think it is worth correcting some things that have been said. First of all, xerox is a company not a product. One of the big achievements of Xerox was the alto, an early and capable gui system. Macintosh copied heavily the ideas of the alto, however apple ][ was released before the Macintosh. Apple ][ was a console system. The alto was a "lisp" machine, where the Macintosh was programmed in assembler to be able to run on the much slower hardware. Big differences.

      Cheers, -S

      Um, the CPU in the 128k Mac and the Lisa was the same 8 MHz MC68000. And the Lisa and Mac were both "programmed" in a combination of Smalltalk, Pascal, and 68k Assembler.

    7. Re:Apple Copies by symbolset · · Score: 1

      Well maybe the golden rectangle was appropriated, seeing as how it's a riff on the proportions of the Parthenon.

      --
      Help stamp out iliturcy.
    8. Re:Apple Copies by jo42 · · Score: 1

      Apple copies something. Does a better job than the original. Apple version becomes very successful (see iPhone) then everyone else (Samsung, Microsoft, et al) copies Apple trying to hitch a ride on the Apple bandwagon.

      So exactly who was wronged here?

    9. Re:Apple Copies by moniker127 · · Score: 2

      I didn't say they stole anything. How exactly is "riffing on" different from COPYING? I don't speak hippie.

    10. Re:Apple Copies by moniker127 · · Score: 1

      I did mean to say the macintosh. I'm familiar with the difference. The macintosh they copied form Xerox's designs, the Apple 2 they got from people at the homebrew computer club. My bad.

    11. Re:Apple Copies by moniker127 · · Score: 1

      "use of the ideas" = "copying the ideas" Apple copied the xerox concept, then made it shiny. That's what they do. I didn't say they did it illegally, not that people at PARC were bloody happy about having all of their work taken to the market without them.

    12. Re:Apple Copies by moniker127 · · Score: 1

      Aye I meant to say that the mac was a derivative of the work at PARC, not the apple 2.

    13. Re:Apple Copies by moniker127 · · Score: 1

      I said nothing about anyone being wronged. I'm merely pointing out that most of apple's work is taking something that already exists, making it shiny, and then selling it.

    14. Re:Apple Copies by UnknowingFool · · Score: 1

      Xerox had a GUI but built on their own systems with Mesa. Apple implemented their own version on their own hardware with assembly; however, Xerox's system was very much a prototype. A lot of things in the Mac was not done in Xerox's system. It wasn't just about "shiny". Overlapping windows, drag and drop are just two things Xerox did not do. Of course from your angle, Apple just copied Xerox. History and facts disagree with you.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    15. Re:Apple Copies by moniker127 · · Score: 1

      Sure, apple made shiny, overlapping windows. Xerox didn't. Kudos to apple for improving upon an existing concept. Your point is?

    16. Re:Apple Copies by UnknowingFool · · Score: 3, Interesting

      My point is you can't tell the difference between concept (which was never released) and an actual working product. Computing history is filled with lots of vaporware and concepts that never made it. It takes a great deal of work to get something to work. But you don't want to give Apple any credit for implementing actual working systems. You would rather lump everything into "shiny" category than admit that Apple does engineering to get their products to market.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    17. Re:Apple Copies by Anonymous Coward · · Score: 0

      Aye I meant to say that the mac was a derivative of the work at PARC, not the apple 2.

      No worries... everyone that knows what they're talking about and not just bashing Apple for the sake of it has made that mistake at least once... Apple ][ and Mac... they're just so gosh darn similar.

    18. Re:Apple Copies by UnknownSoldier · · Score: 1

      What's with the mods on crack?

      Parent is correct about the history of the Apple 2 and Lisa.

    19. Re:Apple Copies by catmistake · · Score: 1

      Aye I meant to say that the mac was a derivative of the work at PARC

      Not really true... a few concepts came from Xerox, the mouse, pop up menus, and windows... sure... and that's about it... most of the good stuff was originally designed by the folks at Apple. Here's the truth, if you really care about truth and aren't just pilling on trolls.

    20. Re:Apple Copies by Belial6 · · Score: 3, Insightful

      That is how Apple fanboys describe things. If Apple has it and someone else doesn't, it is the key defining feature that makes it the greatest "innovation" ever, and completely original. If someone else has it and Apple doesn't, it is a minor, inconsequential part that could hardly be called a feature. In this thread, it is suggested that Samsung copied Apple, even though iPhone doesn't do widgets. Then in another post it is suggested that Apple didn't copy Xerox because Xerox didn't have overlapping windows.

    21. Re:Apple Copies by moniker127 · · Score: 2

      I'm not speaking ill of apple, I'm just calling it what it is. Apple doesn't come up with new concepts, it just improves upon existing ones. The problem with that is that innovation stagnates, and you're left with a 10-20 year period in which there is nothing but incremental upgrade because no one has any new ideas.

    22. Re:Apple Copies by Anonymous Coward · · Score: 0

      I did mean to say the macintosh. I'm familiar with the difference. The macintosh they copied form Xerox's designs, the Apple 2 they got from people at the homebrew computer club. My bad.

      No worries, friend! Gawd, I totally did something similar the other day when I was trying to explain to some total n00bs that the new AppleDOS, Valley Cougar, now a Microsoft NT flavor, was available as a floppy image downloadable from Apple's BBS Store! Boy, was I embarrassed, I tell you what: everyone knows NT was a DEC technology, not Microsoft... don't know how I screwed that up... because I really know my stuff!

    23. Re:Apple Copies by moniker127 · · Score: 1

      A few concepts, huh? Xerox came up with the GUI, the mouse, bitmaps, wysiwyg text editors, laser printing, ethernet, and object oriented programming. You would call those unimportant little details?

    24. Re:Apple Copies by UnknowingFool · · Score: 1

      Calling implementing a working product the same as adding "shiny" does speak ill of Apple. It doesn't give them any credit for doing real work. I can come up with a holographic UI concept. I can never implement it. It's not shiny if someone actually makes a system work.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    25. Re:Apple Copies by UnknowingFool · · Score: 3, Informative

      I never called it the greatest innovation ever. I merely said Apple used ideas from Xerox; however, the Xerox concept was not complete. It was a prototype. Apple actually implemented a working product.

      Then in another post it is suggested that Apple didn't copy Xerox because Xerox didn't have overlapping windows.

      And you missed the entire point. If you a using a GUI instead of a command line, things like overlapping windows and drag and drop are essential. Apple implemented these things in a shipping product. Xerox as a concept did not.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    26. Re:Apple Copies by moniker127 · · Score: 3, Insightful

      I'm an engineer myself. I'm not going to make light of the process of making an idea function. But the simple truth is- Xerox DID make it work. The palo alto research center had an entire network of what were essentially modern computers in 1979. They created the GUI, ethernet, network printers, object oriented programming, bitmaps, and many other important advances. Have whatever opinion you want, but we're arguing over historical fact here.

    27. Re:Apple Copies by UnknowingFool · · Score: 1

      Xerox made a basic concept work. They didn't make it complete. Again, I can prototype a holographic UI system. It will never actually work in real life. Could Xerox have made a working, selling product had their bosses realized what the potential PARC ideas had? Probably. But historical fact is that they did not.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    28. Re:Apple Copies by Anonymous Coward · · Score: 1

      before you post again, read this . GP is correct... and you are uninformed. Perhaps try to avoid making things up when you attempt a post... you are embarassing the other trolls.

    29. Re:Apple Copies by moniker127 · · Score: 1

      So you're saying that because apple worked on it, they didn't copy it? Wouldn't that basic line of logic make all patent suits immediately invalid?

    30. Re:Apple Copies by UnknowingFool · · Score: 1

      No you said anything Apple did to make something work was basically "shiny" and dismissing any real work they did to get a system from concept to working product. Minority Report has a concept of a holographic UI. Okay anyone who makes it work is only contributing to "shiny" according to you.

      The concept of the Ethernet was developed by Metcalfe at PARC. Metcalfe left PARC to form 3Com which helped it make it a standard. But all 3Com did was to add "shiny" to it according to you.

      First of all patents are for implementations of an idea. Not for an idea. Second, Xerox tried to sue Apple for GUI patents in 1989. The first problem was they waited too long (nearly 5 years after the Macintosh) to pursue a claim. Even if it went to trial, Apple was mostly likely covered by their agreement.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    31. Re:Apple Copies by moniker127 · · Score: 1

      http://www.pophistorydig.com/wp-content/uploads/2010/05/1970s-xerox-alto-280.jpg This is a picture of the xerox alto, released in 1973. http://oldcomputers.net/pics/lisa2.jpg This is a picture of an apple lisa, released in 1983, 10 years later. I know, 10 years brought a LOT of progress, huh? You're such a clueless fanboy.

    32. Re:Apple Copies by Kielistic · · Score: 1

      What are you on about? They had working systems in "real life"; they didn't just imagine it all. You seem to think that real life is only the US consumer market.

    33. Re:Apple Copies by cheesybagel · · Score: 1

      Xerox used the Xerox Alto prototypes internally (by the thousands) but they did sell a product in the market. The Xerox Star which also had a WIMP GUI and a mouse. It never got much market traction because it was too expensive. Same reason why Steve Jobs's NeXT nearly went bankrupt.

    34. Re:Apple Copies by UnknowingFool · · Score: 1
      A picture of the Alto. Yes a picture of a demo model == full working system. Here's a picture of a holographic UI. I'm sure a system exists today right? But please don't do any research into the history of the two:

      Smalltalk had a three-button mouse and pop-up menus, in contrast to the Mac's menu bar and one-button mouse. Smalltalk didn't even have self-repairing windows - you had to click in them to get them to repaint, and programs couldn't draw into partially obscured windows. Bill Atkinson did not know this, so he invented regions as the basis of QuickDraw and the Window Manager so that he could quickly draw in covered windows and repaint portions of windows brought to the front. One Macintosh feature identical to a Smalltalk feature is selection-based modeless text editing with cut and paste, which was created by Larry Tesler for his Gypsy editor at PARC.

      As you may be gathering, the difference between the Xerox system architectures and Macintosh architecture is huge

      Or even read wikipedia

      The following description is based primarily on the August 1976 Alto Hardware Manual by Xerox PARC. . . .The Alto was never a commercial product, although over two thousand were built. . . In December 1979, Apple Computer's co-founder Steve Jobs visited Xerox PARC, where he was shown the Smalltalk-80 programming environment . . .integrated it first into the Lisa and then in the Macintosh, attracting several key researchers to work in his company. . . In 1980–1981, Xerox Altos were used by engineers at PARC and at the Xerox System Development Department to design the Xerox Star workstations.

      Xerox had the concepts for several years before Apple. They never made it into a product. The Star was finally a product but not a standalone that the Lisa and the Mac was.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    35. Re:Apple Copies by cheesybagel · · Score: 2

      Apple implemented these things in a shipping product. Xerox as a concept did not.

      Wrong. The Xerox Star was introduced to the market in 1981 years before Apple ever sold a computer with a WIMP GUI.

    36. Re:Apple Copies by sjames · · Score: 1

      They DID copy. Nobody claimed they did it without permission. However, there is a big difference between inventing something and copying with permission.

    37. Re:Apple Copies by cheesybagel · · Score: 1

      Xerox was under anti-trust supervision at the time. Software patents were pretty much unenforceable and were usually not filed. When Xerox did sue Apple (after Apple sued Microsoft) it bumped into the statute of limitations because too much time had passed.

    38. Re:Apple Copies by cheesybagel · · Score: 1

      Most of the things listed as Apple "innovations" in that article are considered misfeatures today. Fork files? No other operating system uses that crap for good reason. Direct manipulation of resource names? A trivial extension. Better internationalization? The Xerox Star was internationalized to Japanese... The only thing in his list which seems to be actually useful is pull-down menus. However Wikipedia says it was designed in PARC first.

    39. Re:Apple Copies by cheesybagel · · Score: 1

      Try reading the pages you actually link to. They say the Lisa was introduced into the market in 1983 not 1981. Perhaps you are confusing that with the Xerox Star which was actually introduced in 1981 two years before the Apple Lisa.

    40. Re:Apple Copies by cheesybagel · · Score: 1

      Samsung and Microsoft were working on cellphones a long time before Apple ever entered the market and you say they are the ones hitching a ride on their bandwagon?

    41. Re:Apple Copies by jedidiah · · Score: 1

      No. It just removes Apple's work from the realm of something that a layman would grant them a 20 year exclusive monopoly on. That is what this is really all about. That's what happens when you take a highly technical subject and present it to people that are COMPLETELY UNEDUCATED on the matter. You end up with them clamouring to give Apple the right to stiffle further innovation for the next 20 years.

      By the time technology has reached a consumer a lot of iteration and collaboration has already occured. Plus underlying technology has gotten good enough for the resulting product to be viable outside the lab.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    42. Re:Apple Copies by jedidiah · · Score: 1

      You are confusing the guy that deserves to have is name on the patent with the company that comes along afterwards and makes a product out of it.

      If you are going to bother with this nonsense of ownership and the right to exclude the rest of the market then the real inventors need to be given their due. Otherwise you're an obvious hypocrite.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    43. Re:Apple Copies by Anonymous Coward · · Score: 0

      Ignoring whether or not who copied who...

      Who says you need a working commercial product to be copied? Patent trolls will sue for concepts alone. Once you're granted a patent, you can sit on the idea and do nothing with it... then sue when something is incredibly similar the time is right.

    44. Re:Apple Copies by Anonymous Coward · · Score: 0

      Company A copies Company B, does a better job than the original. Company A version becomes very successful (see Android) then everyone else (all other mobile phone OSes) copying company B to hitch a ride on the Company A bandwagon.

      I might have agreed with you a few years ago, but there's at least some reverse copying at this point (see notification systems)

    45. Re:Apple Copies by moniker127 · · Score: 1

      I have stuff to work on that doesn't involve sitting around discussing how Steve Jobs is my personal hero. You're just going to have to find someone else to argue with.

    46. Re:Apple Copies by Anonymous Coward · · Score: 0

      oh, good. Another expert editorial.

    47. Re:Apple Copies by Anonymous Coward · · Score: 0

      Self-fulfilling prophecy.....you are an Unknowing Fool. Xeroz had products in market. Just because they weren't exactly PCs doesn't mean there weren't IP infringements.

    48. Re:Apple Copies by Compaqt · · Score: 1

      I guess it depends on what you mean by copy.

      No one's saying Apple copied the C-language source code.

      But, like you just said, Apple saw Xerox's stuff, and then made their own that looked just about just like it.

      If you build something yourself, but after having seen someone else's product, that's not copying, right? OK, good to have that cleared up. Meaning Samsung didn't copy Apple.

      Anyway, the point of all this is to disabuse the notion that the oh-so-high Apple comes up with all this stuff on its own, and it deserves patent protection for it.

      It didn't, and it doesn't.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    49. Re:Apple Copies by UnknowingFool · · Score: 1

      Please. Apple took the concepts of Xerox and completely made their own system. This was due to the hard work of Apple engineers. The role Steve Jobs played was that it was his direction and his vision that Apple should develop the GUI instead of another command line OS. If you fell all Apple did was to add shiny, then all Linus did was add shiny to Unix and call it Linux. Just because it's Apple you refuse to acknowledge they made something.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    50. Re:Apple Copies by Anonymous Coward · · Score: 0

      A few concepts, huh?
      Xerox came up with the GUI, the mouse, bitmaps, wysiwyg text editors, laser printing, ethernet, and object oriented programming. You would call those unimportant little details?

      Well duh, if they were important, Apple would have invented them!

    51. Re:Apple Copies by UnknowingFool · · Score: 1

      And what does that say about Samsung. If you believe Apple then all Samsung did was to take their product and copy it down to the packaging.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    52. Re:Apple Copies by jbolden · · Score: 1

      The Apple 2 was not a Xerox, there was nothing similar between them. I think you mean the LIsa. And it was not literally a Xerox. There were some idea from the Xerox prototype that were in the Lisa then later the Mac.

    53. Re:Apple Copies by jbolden · · Score: 1

      Yes and your historical facts are wrong. Xerox had pieces of those technologies and prototypes of those technologies. If you blur out enough details typewriters were "essentially" computer word processors. Forget Apple. The guys who left Xerox to form Adobe did so because Interpress (later Postscript later PDF) was not the direction Xerox choose to go. Adope really did invent stuff. The idea of Postscript is not the same as the reality of Postscript.

      Go to http://research.microsoft.com/ and you can see something very much like Parc today all sorts of incredible innovations.

    54. Re:Apple Copies by jbolden · · Score: 1

      To violate a patent you have to steal a means of doing something. The approach that Apple choose with Macintosh was quite often very different than the approach that Xerox choose with their Smalltalk based system. That's not to say they were not heavily inspired by Xerox, but inspired is not a patent violation.

    55. Re:Apple Copies by jbolden · · Score: 1

      Prototypes are not products. Real life involves many things more than just invention, like being able to manufacture it cheaply enough to get to market. There are great retina 30" displays that exist and are sold to the radiological market at $18k. And there have been great "retina" displays for a decade. Apple / Panasonic invention is not inventing retina but getting the cost of manufacture down by a factor of about 50x so that the entire supporting infrastructure can evolve.

      All sorts of things exist in academia, and research facilities that don't exist yet in the market.

    56. Re:Apple Copies by jbolden · · Score: 1

      Actually NeXT was pretty cheap for the workstation market. NeXT had problems because he jumped into the Unix workstation market just at the point where the whole Unix workstation market was dying (not in terms of sales but in terms of innovation) switching over to the x86 market, and the move in Unix was to Unix servers. SGI, IBM and Sun had mature products to sell into this market. NeXT was incredibly innovative, at a time when the workstation market was not about innovation. Where there was a lot of room though was figuring out how to bring workstation technology down to cheap x86 (and PPC) hardware. And once NeXT (Apple) tried to do that, they came up with OSX which worked out well.

      If you think of NeXT as a really cool PC then it was too expensive. Though not by much (only about 2x price of high end Mac or PC). if Jobs had stuck with his vision of the academic market, he might have been able to bring the cost down.
      If you think of NeXT as a cool workstation than it was underpowered and immature.

    57. Re:Apple Copies by jbolden · · Score: 1

      There are 4 issues here.

      1) A discussion of how ideas evolve, which ironically enough has been a topic of discussion evolving over the thousands of years of human culture with no consensus emerging.
      2) A discussion of specific historical events, a history of science / history of engineering debate.
      3) A discussion of what is the distinction between innovation and improvement.
      4) A discussion about specific details of specific innovations between Apple and Samsung.

      I don't think there are many, if any people on /. that think that technology patents should offer 17 year monopolies. But the disagreement, which is broad, on policy doesn't change the historical facts.

    58. Re:Apple Copies by jbolden · · Score: 1

      The Xerox systems was written in SmallTalk and used a SmallTalk object system. You wouldn't see anything like that approach in GUIs until (arguably), Visual Basic / Windows 3.0, it was not the approach that Apple choose.

      The core of the iPhone (2007) was:
      a) capacitive touchscreen as the primary or sole means of input
      b) animation based interaction
      c) high speed web rendering

      There was no other system in 2007 that made use of those 3 things together. There were systems that made use of some of those pieces prior to the iPhone. After the iPhone everyone is making use of those 3 things and making them the core.

    59. Re:Apple Copies by jbolden · · Score: 1

      People in technology often don't think in terms of NPV. In other words money today is worth a lot more than money in the future. Innovation that drives down costs, can cannibalize existing products. Interest rate adjusted that can be devastatingly stupid.

      In other words, financially it can often be the right thing to hold all of a market at a higher price rather than lose a market. Lots of Parc innovations would drive down publishing and reproduction costs in ways that would devastate Xerox. How Xerox understood low large the publishing market would be once it became cheap of course they would have brought at these technologies. But at the time Xerox looked at Parc's innovations as very risky to the bottom line, not if they failed but if they succeeded.

    60. Re:Apple Copies by jbolden · · Score: 1

      object oriented programming.

      Sketchpad 1961 MIT. Those ideas get incorporated into Simula and Alan Kay brings them to Xerox. Xerox didn't invent OO.

    61. Re:Apple Copies by jbolden · · Score: 1

      Yes he's too young to have computing in the early 1980s. Welcome to middle age, macs4all, and this crap gets worse as you get older.

    62. Re:Apple Copies by Kielistic · · Score: 1

      And the people that developed and researched it made the invention and the innovation. The company that threw it in a consumer product once it became cheap enough to do that did neither.

    63. Re:Apple Copies by jbolden · · Score: 1

      That's an odd and impractical definition of innovation. So Xerox becomes a computer innovator but they have nothing to do with photostatic duplication, that becomes the A.B. Dick Company. Under that definition the ancient greeks were the innovators with the steam engine not the British. But in reality everyone knows the technology eco system that grew up around steam power is what was important. I think that's a dumb definition of innovation that only considers the initial invention and not the thousands of improvements required for practicality.

      And no one is considering the people who put something in a consumer product to be innovators. Don't change the topic! The question was about the people who figured out how to make it cheaper.

    64. Re:Apple Copies by Kielistic · · Score: 1

      You can't claim to be the inventor of something that you saw another do first. You keep confusing the word invention and innovation; they are not the same thing. My point was that it is not innovation to wait for someone else to research and bring the price down then throw it in consumer goods. And the question was never who made it cheaper: "They take a concept then make it shiny, and sell it" - The Parent Post. Which you reiterated in your post.
      Innovations and inventions come from everywhere and are all built off thousands of years of progress. A lot of people get a little miffed when a company comes along and tries to claim the invention of things that they saw elsewhere first.

    65. Re:Apple Copies by jbolden · · Score: 1

      Lets see where we agree.

      I agree that inventions are different than innovations. My definition would be an invention is an innovation that requires a unique insight. I don't think Xerox invented the GUI since as I mentioned: Sketchpad and Logo both of which Alan Kay said influenced him were GUIs that predated the work at Parc. So I think it is false under the strong definition you were using earlier to say Alan Kay invented the GUI. I don't think its false though to say it under the the weaker definition of unique insight.

      Alan Kay was the first person to understand that languages, operating systems, hardware and software all needed to tie together to make a GUI really work. It wasn't about one part changing it was about all the parts changing. So I don't think its fair to say he invented the GUI, but he did invent the WIMP GUI.

      But equally under the definition of unique insight. Steve Jobs was the first one to understand how GUI could actually become mainstream. He did not steal Xerox's GUI, he took a few key ideas from Xerox and built the entire system in a way that it could be sold to millions. And tons of details that people have pointed out.

        Right now there exist 50 gigapixel cameras. But they are one of a kind and incredibly expensive. The camera companies that take us from .5 mega pixel to to hundreds of gigapixel over the next generation or two will be innovating. And those innovations will require lots of inventions.

    66. Re:Apple Copies by Anonymous Coward · · Score: 0

      http://www.dailytech.com/article.aspx?newsid=2188
      Samsung was already pulling this kind of crap in 2006 before there even was an iPhone, by copy and pasting icons directly from Windows and OS X.
      Fuck anyone who defends this south korean crap. Apple vs Samsung is not really about iOS vs Android.

  6. Biased Wired.com article by punit_r · · Score: 4, Insightful

    The Wired.com article is totally biased towards Apple.

    An example is the SONY concept phone released in 2006.
    http://www.cellphonebeat.com/sony-ericssons-cybershot-concept-phone.html

    Going by Apple's logic, their version of "inspiration" is removing the slider from the SONY concept phone and making the front all touch (removing the silver buttons). With these two basic modifications, there is no difference between the SONY concept phone of 2006 and the iPhone 4 of 2010. I fail to see why does Apple have double standards when treating with the issue when Samsung / Motorola and HTC are concerned. (rather all popular Android manufacturers)

    The industry was already gravitating towards touch screen phones in 2007. The technology was not ready earlier in terms of CPU power, price/performance ratio and OS maturity for touch only phones to be popular mainstream phones. Apple was the first to released a polished product, granted. But, Apple is behaving as if it owns all rights to a touch screen phone / tablet, which I find ridiculous.

    1. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      T With these two basic modifications, there is no difference between the SONY concept phone of 2006 and the iPhone 4 of 2010.

      There is no difference except for basically everything about it. That phone has absolutely nothing in common with an iPhone 4.

    2. Re:Biased Wired.com article by Anonymous Coward · · Score: 1

      Sorry fanboy, Apple used Sony's design, that's extremely clear to all but the most myopic Apple cult member. They had their own staff copy Sony's design for comparisons to their own (awful) design, they even included the Sony logo. Apple then scrapped their own plans and went ahead with what the stole from Sony. You zealots can't defend this whatsoever, it's pure theft, and exactly the kind of thing, but more so, as Apple are using to suppress competition via "design" lawsuits around the world. Sony can use everything about Apple's cases against them, using Apple's legal declarations in courts of law.

      Apple try to stop "rounded corners" by paying off judges, when their total iphone design is nothing more than mirroring a 2006 Sony design. Once again Apple have been caught conning and lying through their teeth to obstruct competing companies, when they themselves are the bigger crooks in the game.

      Weep and cry, zealot, weep and cry!

    3. Re:Biased Wired.com article by Anonymous Coward · · Score: 1

      They had their own staff copy Sony's design for comparisons to their own (awful) design, they even included the Sony logo.

      Except there was no Sony to design to copy. That mock up is one 100% designed by apple.

      Apple then scrapped their own plans and went ahead with what the stole from Sony.

      This is false on 2 counts because there were no scarped plans and they stole nothing from Sony because there was nothing from Sony to steal.

      Sony can use everything about Apple's cases against them, using Apple's legal declarations in courts of law.

      Sony has no legal standing in this what so ever.

      Apple try to stop "rounded corners" by paying off judges, when their total iphone design is nothing more than mirroring a 2006 Sony design.

      Explain to me how a phone that looks nothing like an iPhone is evidence that Apple copied Sony.

    4. Re:Biased Wired.com article by macs4all · · Score: 1, Interesting

      The Wired.com article is totally biased towards Apple.

      An example is the SONY concept phone released in 2006.

      Do you REALLY think that Apple designed and built the iPhone in ONE YEAR?!?

      Well, I guess we can tell who's never worked on a REAL product design...

    5. Re:Biased Wired.com article by macs4all · · Score: 1

      Sorry fanboy, Apple used Sony's design, that's extremely clear to all but the most myopic Apple cult member. They had their own staff copy Sony's design for comparisons to their own (awful) design, they even included the Sony logo.

      There was no "design" to "copy" when Apple went to work on the iPhone design. Sony DESCRIBED a product design IDEA, and then Apple incorporated that idea as a design element in an ORIGINAL product.

      That's how all product design works. And if you don't think so, you're deluded.

      Oh, and "weeping" and "crying" are the same thing, unless you have festering open sores.

      Moron.

    6. Re:Biased Wired.com article by Nerdfest · · Score: 2

      The article does contain this:

      “In February 2006, before the claimed iPhone design was conceived

    7. Re:Biased Wired.com article by punit_r · · Score: 3, Insightful

      With these two basic modifications, there is no difference between the SONY concept phone of 2006 and the iPhone 4 of 2010

      This is what I claim. I never claimed that the first iPhone of 2007 was a copy of the SONY concept phone.

      I am not even sure that the SONY concept phone is actually dated 2006. But, that is not the point. The basic point is the industry was anyways gravitating towards touch enabled phones. There had been many PDA phones (with no keyboard) before the first ever iPhone. So, at best Apple can only claim to have accelerated the era or touchscreen phones.

      No company ever claimed sole ownership to qwerty / flip / candybar / slider phones by blocking products of competitors in the market. There could have been reasonable royalty arrangements where the customer choice was not limited. Apple's stance is that a rounded rectangular object with a glass top is owned by them. That is the difference.

    8. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      The Wired.com article is totally biased towards Apple.

      An example is the SONY concept phone released in 2006.

      Do you REALLY think that Apple designed and built the iPhone in ONE YEAR?!?

      Well, I guess we can tell who's never worked on a REAL product design...

      Judging by the quality of the phone, I'd say they spent about 3 weeks. I'm kidding :P
      Actually I have an Android right now, but I think I should have bought a Blackberry this time. I had one for work and it was the most "bug free" phone I've used..... and it had real buttons.

    9. Re:Biased Wired.com article by punit_r · · Score: 2

      macs4all:
      Do you REALLY think that Apple designed and built the iPhone in ONE YEAR?!?

      Well, I guess we can tell who's never worked on a REAL product design...

      And if you had bothered to read TFA

      In February 2006, before the claimed iPhone design was conceived, Apple executive Tony Fadell circulated a news article to Steve Jobs, Jonathan Ive and others. In the article, a Sony designer discussed Sony designs for portable electronic devices that lacked buttons and other excessive ornamentation, and fit in the hand .......

      According to Nishibori's testimony, his design changed the course of the iPhone project, and pointed it toward the iPhone of today.

      So, guess what, it was really ONE YEAR, based on a testimony of Apple's own designers. I believe there is no doubt that the Apple designer Nishibori has worked on a REAL product design.

    10. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      Forget the Sony. What about the LG Prada?

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

      This Groklaw article makes it pretty clear how fucked up Apple is, even if you accept their claims about *whether or not they had valid patents to begin with*--what about the *value* of those patents?

      http://www.groklaw.net/article.php?story=20120726121512518

    11. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      Moron.

      Wow, parents must have really loved you to give you that name. But by the complete lack of any understanding whatsoever in your posts, it fits.

    12. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      Forget the Sony. What about the LG Prada?

      What about? It's another phone that looks absolutely nothing like an iPhone.

    13. Re:Biased Wired.com article by Tough+Love · · Score: 1

      Whoa! Rounded corners. Didn't Apple sue Samsung over that? Maybe the German court needs a copy of this picture.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    14. Re:Biased Wired.com article by FranTaylor · · Score: 1

      "That mock up is one 100% designed by apple."

      So you say Apple has its own prior art? That was developed under contract to Sony?

    15. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      "That mock up is one 100% designed by apple."

      So you say Apple has its own prior art? That was developed under contract to Sony?

      What the hell are you taking about? Nothing was developed by Sony.

    16. Re:Biased Wired.com article by chrb · · Score: 1, Interesting

      Except there was no Sony to design to copy. That mock up is one 100% designed by apple.

      There were numerous Sony devices around at the time that were moving towards a more simplistic, button-less touchscreen design with rounded corners. This fact, along with those particular design design features, were noted in the Sony interview.

      This is false on 2 counts because there were no scarped plans

      The Apple designer who created the "Sony design" has testified that his design changed the course of the project, the existing design was scrapped, and his was adopted instead.

    17. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      There were numerous Sony devices around at the time that were moving towards a more simplistic, button-less touchscreen design with rounded corners. This fact, along with those particular design design features, were noted in the Sony interview.

      And completely irrelevant to this case because there was nothing what so ever from Sony that was copied.

    18. Re:Biased Wired.com article by cheesybagel · · Score: 1

      Apple launches a new smartphone model every year so it was hardly unexpected to me that it took about as long to design the first model. Software development could have started a long time before the hardware design. That would have been the item Apple invested most of its effort in anyway. The rest is outsourced...

    19. Re:Biased Wired.com article by Carewolf · · Score: 1

      Except there was no Sony to design to copy. That mock up is one 100% designed by apple.

      There was, the link is just above you. Take a look at the provided link of a Sony-Ericson prototype, and then look at the Apple mock-up. It is the exact same device changed only to being a touch device. So a sony design, modified by Apple according to ideas from Sony.

    20. Re:Biased Wired.com article by jrumney · · Score: 1

      What about? It's another phone that looks absolutely nothing like an iPhone.

      As is any Samsung designed phone or tablet.

    21. Re:Biased Wired.com article by Compaqt · · Score: 1

      Let me get this straight: You claim incorporating a "DESCRIBED" (i.e., written) product design idea as a design element is not "copying". Correct?

      OK. Now, why is it that Samsung cannot incorporate rounded corners from a written description as a design element into their product?

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    22. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      And completely irrelevant to this case because there was nothing what so ever from Sony that was copied.

      Except, of course, that Sony made a document which is a design for a phone, and an Apple employee made a drawing as shown in the article, based on Sony's design, which is similar to the iPhone.

      Don't let that stop you. Let me save you the trouble. "LA LA LA LA LA I can't hear you. Sony designed nothing. Apple designed everything."

    23. Re:Biased Wired.com article by Anonymous Coward · · Score: 0

      by macs4all (973270)

      Lose your religion

      open sores.

      There is Open Source code in every iPhone and Mac, ergo you don't know what you're talking about. Also, please die in a fire.

  7. The other thing by kilodelta · · Score: 2

    I have a Samsung SCH-R910 - in fact it does more than the iPhone believe it or not, straight out of the box. But the UI - it looks like the IOS. I find it interesting that they seem to be protesting that it physically looks like the Galaxy Tabs look like the iPad, but the UI is nearly identical on Android based platforms.

    1. Re:The other thing by cheesybagel · · Score: 1

      Yeah it looks the same. It has tiled icons which have been used since like forever and every PDA had them as well. I remember seeing them on a Handspring Visor and that not the first PDA. My Sony K750 mobile phone had tiled icons and I doubt it was the first either.

    2. Re:The other thing by kilodelta · · Score: 1

      Yup - all tiled! So I guess that's why Apple doesn't pursue that aspect. When you think about it all you can really patent is your software per se. The UI and the hardware physical is only constrained by modern physics.

  8. Star Trek: TNG is prior art by FranTaylor · · Score: 1

    We've seen ALL of these devices on Star Trek: TNG. Devices with buttons, devices without buttons, rectangular devices, etc.

    Someone should make a smash-up video of all the hand-held computer devices shown in Star Trek:TNG, it would destroy a lot of design patents.

    1. Re:Star Trek: TNG is prior art by aristotle-dude · · Score: 1

      We've seen ALL of these devices on Star Trek: TNG. Devices with buttons, devices without buttons, rectangular devices, etc.

      Someone should make a smash-up video of all the hand-held computer devices shown in Star Trek:TNG, it would destroy a lot of design patents.

      I hate to break it to you but ST TNG is a fictional TV show. They used props made out of painted wood with some plastic pieces and a silkscreened "display" rather than an animated one. Any animation that you saw on screen would have been added later on in post production. They could have easily just used a solid grey rectangle and added everything onto the surface in post but that would have been a lot of work to since most prop PADDs only appeared either on desks in the background or briefly on screen with the screen facing the camera. Sometimes the silkscreen may have had backlighting and a pulsing effect to simulate rudimentary "animation" like you might have seen for a warp core readout in the background or blinking lights to simulate a pulsing button.

      You cannot use something that is completely fake like that as "prior art".

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Star Trek: TNG is prior art by punit_r · · Score: 2

      Design patent just covers drawings and nothing else. I dont know if it is essential to have a working prototype in order to patent a design (although I think it is not required).

      Example: The design patent for the iPad
      http://www.google.com/patents/USD504889

      The only text in the entire design patent is this:

      "We claim the ornamental design for an electronic device, substantially as shown and described."

      Effectively, this is exactly what the Star Trek TNG tablet was. An electronic device no different from the class of devices that iPad is a part of.

      I am not sure if a digital photo frame can fit into the same class of devices because the patent just claims an electronic device. Technically a digital photo frame is also an electronic device.

    3. Re:Star Trek: TNG is prior art by catmistake · · Score: 1

      You cannot use something that is completely fake like that as "prior art".

      Correct, as it is even so with design patents, which is limited to the ornamental design of a functional item. Theatrical props can never be prior art unless they are functional.

    4. Re:Star Trek: TNG is prior art by Anonymous Coward · · Score: 0

      oh ffs, here we go again.... just... stop. READ:

      a design patent is a patent granted on the ornamental design of a functional item

    5. Re:Star Trek: TNG is prior art by bigstrat2003 · · Score: 1

      Maybe you legally can't, but when you're talking about a design patent, you should damn well be able to. The devices on the show didn't work, of course, but they showed off a coherent design.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    6. Re:Star Trek: TNG is prior art by FranTaylor · · Score: 1

      What about the mock-ups and computer renderings that the manufacturers use?

    7. Re:Star Trek: TNG is prior art by FranTaylor · · Score: 1

      Theatrical props ARE functional. The movie would not work without them.

    8. Re:Star Trek: TNG is prior art by punit_r · · Score: 1

      From the same wikipedia link.

      Design patents cover the ornamental nonfunctional design of an item.

      I am unable to find any reference that makes it mandatory for a design patent application to be accompanied with a working prototype in order to merit the protection. Anyways, as far as the design patent goes, the Star Trek tablet provides the some function, so it qualifies for a design patent.

      Another example: A 1994 video demonstrated Roger Fidler's concept for an electronic newspaper tablet.
      http://www.minnpost.com/business/2012/07/roger-fidler-man-who-came-tablet-steve-jobs

      Fidler had a chance to patent his tablet idea way back when, but took a pass. He believed it should be left unprotected so that the entire newspaper industry could benefit from it.

      Guess what, the testimony of this guy will be used in the Apple-Samsung trial.

    9. Re:Star Trek: TNG is prior art by Anonymous Coward · · Score: 0

      > Theatrical props can never be prior art unless they are functional.

      CBS/Paramount has design patents on the USS Enterprise ship models, so this obviously is not the case.

    10. Re:Star Trek: TNG is prior art by sjames · · Score: 1

      And I hate to break it to YOU, but functionality and design are separate things. STTNG will not invalidate any functional patents because their mockups had no function. They were, however, DESIGNED. They do have claim as prior art in a design patent.

    11. Re:Star Trek: TNG is prior art by Belial6 · · Score: 1

      Why? Most patents are at least initially on "fake" stuff. I have never heard any word that a product had to actually be made and working for it to count in the patent process. Plus, we are talking about "Design" patents. Those "Designs" actually did exists. The fact that the designed were not coupled with working phones or PDAs doesn't change the fact that the designs existed.

    12. Re:Star Trek: TNG is prior art by FranTaylor · · Score: 1

      YES they had a function:

      They served to advance the plot of the movie

    13. Re:Star Trek: TNG is prior art by FranTaylor · · Score: 1

      If design and function are separate things then why do you say that only functional things can have design patents?

    14. Re:Star Trek: TNG is prior art by Anonymous Coward · · Score: 0

      Star Trek devices were functional. Some of them had blinking lights, some had displays built in to them.

      Sure, it's not the same functions -- but in some ways they're similar. You press a button and something happens. lol

    15. Re:Star Trek: TNG is prior art by Compaqt · · Score: 1

      Apple fanboys struggle to understand why Slashdot is so hostile to Apple.

      Here's the reason: geeks pride themselves on logical, unemotional thinking.

      Therefore, they're not too taken with the whole Saint Steve Jobs business.

      Especially when innovators like Roger Fidler, Xerox, and Douglas Engelbart are completely ignored in favor of Jobs.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
  9. Apple is the white looter by 0xdeadbeef · · Score: 4, Insightful

    Apple is "inspired" by other designs, while Samsung "copies". Gotta love that fanboy doublespeak.

    1. Re:Apple is the white looter by Anonymous Coward · · Score: 0

      Apple is "inspired" by other designs, while Samsung "copies". Gotta love that fanboy doublespeak.

      Samsung's design was so similar to the iPad that their own lawyer couldn't distinguish it and Google chimed in and said "uhhh too similar, dudes."

      Gotta love that hater brain damage.

    2. Re:Apple is the white looter by Anonymous Coward · · Score: 1

      Samsung's lawyer was so nearsighted, that another one from the team had to answer instead

      FTFY.

      Gotta love that RDF effect.

    3. Re:Apple is the white looter by Anonymous Coward · · Score: 0

      Samsung's lawyer was so nearsighted, that another one from the team had to answer after a long awkward pause

      FTFY.

      Complain about RDF's all you like, but using the SEP to ignore the whole bit where Google warned them isn't any more honorable.

      Samsung copied Apple. The End.

    4. Re:Apple is the white looter by Anonymous Coward · · Score: 0

      So you're saying a lawyer went to court without their glasses? Heh.

      I love how all these theories about what happened there only make sense if Samsung hired cheap-ass lawyers.

    5. Re:Apple is the white looter by Anonymous Coward · · Score: 0

      You cannot be serious. I hate Apple, but take a look at Samsung's Galaxy Ace and you'll ask yourself why the hell Apple didn't sue sooner. We can argue about the silly funcionalities, gestures and other UI elements Apple has patented, but Samsung's hardware looks way too much like Apple's. It's VERY EASY to mistake the Galaxy Tab for an iPad.

      This is simply NOT a case of patent trolling. Look at anything by Motorola or HTC and nothing will look as much like an iPhone or iPad as some of Samsung's products do.

    6. Re:Apple is the white looter by chrb · · Score: 1

      It's VERY EASY to mistake the Galaxy Tab for an iPad.

      It's very easy to mistake lots of things if you ignore the differences.

      Is there any evidence that anyone has *ever* bought a Galaxy Tab when they meant to buy an iPad? Any?

    7. Re:Apple is the white looter by phillymjs · · Score: 1

      > Is there any evidence that anyone has *ever* bought a Galaxy Tab when they meant to buy an iPad? Any?

      Just this article. Excerpt:

      "Samsung was forced to release a bunch of documents it had been keeping under seal that show the likeness between its products and Apple's. Examples outlined in the documents include comments from Samsung workers discussing similarities with Apple's products, and reports Samsung got from retailer Best Buy that Samsung tablets were being returned because customers thought they were getting iPads."

      ~Philly

    8. Re:Apple is the white looter by Zeromous · · Score: 1

      Let's consider Journalistic Integrity with some possibilities (occam's razor in order of likelihood).
      1) Customer asks for IPad, Gets demoed a cheaper Droid. Takes home droid, gets frustrated that he can't find Fruit Ninja, returns it "I just want an IPad Thanks"
      2) Customer wants IPad, decides droid is cheaper or cooler looking. Regrets decision because it does not have this Siri thing he's heard so much of. Returns it after realizing what he was really looking for was IOS
      3) Customer being completely blind and retarded, actually fails at buying an IPad.

      So, do you agree with what really happened at Best Buy (Ie #1 and #2)?

      --
      ---Up Up Down Down Left Right Left Right B A START
    9. Re:Apple is the white looter by vallette · · Score: 1

      The reality is that Apple wasn't "inspired" by Sony designs. They'd already started down that design path months before Sony: http://www.appleinsider.com/articles/12/07/30/apple_strikes_back_at_samsung_with_2005_iphone_prototype_design.html

    10. Re:Apple is the white looter by Anonymous Coward · · Score: 0

      http://www.dailytech.com/article.aspx?newsid=2188
      Samsung was already pulling this kind of shit in 2006 before there even was an iPhone, by copy and pasting icons directly from Windows and OS X.
      GTFO anyone who defends this south korean crap. Apple vs Samsung is not really about iOS vs Android.

  10. The biggest surprise: by UnknowingFool · · Score: 1

    iPhone says to Samnsung Galaxy: "I AM your father!"
    Galaxy: "That's IMPOSSIBLE!"

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  11. How is this "design" remotely patentable? by Entropius · · Score: 1

    A smartphone is basically a portable computer. We've had computers for ages. Now, how do you get data into a portable computer? The most sensible way is the cell network, so why don't we make these portable computers make phone calls, too?

    Okay, so we have a computer. It needs a microphone and a speaker on it, so we can make phone calls. Why not put a camera on it too, since the market has decided that cameraphones are a neat idea.

    Okay, how are you going to control your little portable computer? Well, there's not much room for buttons on it, since we need both a big screen so you can see shit and a small device so you can pocket it. Now, computer interfaces have long used the paradigm of "show the user shit on the screen and have a device that simulates pointing at the screen called a mouse for the user to pick stuff to do." So a touchscreen is the obvious way to communicate with a pocketable computer, since it both makes efficient use of area (no buttons) and is pretty similar to what we have been doing for years on ordinary computers.

    Now, what shape should it be? Well, we like rectangular screens -- they're easy to code for -- so it should approximate a rectangle. Making it an exact rectangle means that the corners will snag on your pockets, so it ought to be a rounded rectangle.

    How is any of this worthy of a patent?

    1. Re:How is this "design" remotely patentable? by Anonymous Coward · · Score: 0

      It's funny to see on the "other" side the same sort of fanboyism you see on Apple's side. Just look at the two tablets and the only way not to realise they're unreasonably similar is if you really don't want to. Nothing by Motorola or HTC resembles an iPad remotely as much as the Galaxy Tab.

    2. Re:How is this "design" remotely patentable? by Anonymous Coward · · Score: 0

      Wow! You must be an effin' genius!

  12. What copied elements aren't from that IDEA? by tepples · · Score: 1

    Sony DESCRIBED a product design IDEA, and then Apple incorporated that idea as a design element in an ORIGINAL product.

    And then, it appears, Apple went on to sue Samsung for copying nothing more than elements making up the IDEA that was DESCRIBED by Sony.

  13. Re:First Posts are not the same anymore by akboss · · Score: 0

    And every day it gets worse. Slashdot is largely a collection of tech-wanna-bes who are too lazy and stupid to even realize they are wanna-bes.

    and yet you're still here posting away. What does this say about you?? I am breaking my self imposed rule on replying to AC's.

    --
    "Remember, politicians and diapers should be changed often and for the same reason."
  14. Nonfunctional prior art by tepples · · Score: 1

    Where in the article that you linked, or in any other article, is it spelled out that a nonfunctional item's ornamental design cannot be used as prior art against the novelty of a functional item's ornamental design?

  15. No nonfunctional prior art: Says who? by tepples · · Score: 1

    Theatrical props can never be prior art unless they are functional.

    In what case was this rule established?

  16. All companies do *not* work like Apple by Anonymous Coward · · Score: 0

    With the possible exception of Microsoft, I don't know of any company that is *constantly* suing everybody over bogus IP claims.

    Apple is not protecting it's IP. The IP in question is stolen and/or trivial.

    And how many dozens of lawsuits has Apple filed? Who hasn't Apple sued over some bogus IP claim?

    Note that these are offensive, not defensive, lawsuit. Yes, Google finally started suing suing back - after years of Apple filing bogus lawsuits against anybody who dared to use Android. Google, Samsung, HTC, etc. are just trying to protect themselves against Apple's thuggish tactics.

  17. Wi-Fi-only PDAs; arrow keys; semi-ellipses by tepples · · Score: 1

    Now, how do you get data into a portable computer? The most sensible way is the cell network

    How is that more sensible than by having a bridge from a wireless LAN to the wired network at any place where a portable computer will be used for long periods? That solution leads to the device category once called a "PDA" and now called a "pocket-size tablet" and exemplified by the iPod touch, Archos 43, and Galaxy Player. (If the Nintendo DS weren't locked down, it would have qualified as well.) These too can act as phones using applications that implement VoIP (voice over Internet Protocol).

    Now, computer interfaces have long used the paradigm of "show the user shit on the screen and have a device that simulates pointing at the screen called a mouse for the user to pick stuff to do."

    Computer interfaces have also long used the paradigm of dedicated keys to perform relative movements within a space, such as the arrow keys, or dedicated keys to add characters to a text area, such as a slide-out keyboard. Yet lots of smartphones and pocket-size tablets lack that.

    Making it an exact rectangle means that the corners will snag on your pockets, so it ought to be a rounded rectangle.

    A rectangle that is rounded need not have four flat sides. The short ends of the rectangle can be rounded as semi-ellipses with no flat end, like the Archos 43.

    1. Re:Wi-Fi-only PDAs; arrow keys; semi-ellipses by Anonymous Coward · · Score: 0

      I hate to tell you this, but back in the 199x and early 200x, Science centers, information kiosks, and cash registers didn't have keyboards and mice either. Some phones, like Palm, could also have a virtual keyboard.

      Most were designed in a mostly rectangular fashion. Unfortunately, technology / efficiency hadn't progressed enough to hide the antenna away into the shell.

  18. Apple copies & claims ownership & sues by walterbyrd · · Score: 1

    That is the difference between Apple and respectable companies.

    Sure Apple copied Sony as much as Samsung copied Apple. But Sony didn't sue, and sue, and sue, and sue.

  19. very nice by Anonymous Coward · · Score: 0

    as Clarence answered I'm amazed that some people able to profit $4434 in one month on the internet. did you look at this web site http://goo.gl/TyIY9

  20. I hate to break it to *you* but these are design by walterbyrd · · Score: 1

    patents. So yes props and the like do matter.

    The fictional shows, like "2001 A Space Odyssey " clearly show that Apple did not invent the rectangle.

  21. Oops by FranTaylor · · Score: 1

    The problem with your line of reasoning is that Apple is suing people for using the basic concept, not for stealing Apple's code.

    You say the "secret sauce" worth protecting is the actual implementation, and yet that is not what Apple is claiming damages over.

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

      No Apple is suing for two reasons: They believe that Samsung deliberately copied their design patents down to the packaging design. And they also believe others infringed (HTC, Motorola) on their functional patents. People can disagree whether these things are true but most here reduce both sets of claims down to single points.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  22. By that standard no company has ever invented by Brannon · · Score: 1

    anything--it is an impossible and absurd standard.

    Seriously, name a single new concept.

  23. Re:First Posts are not the same anymore by Anonymous Coward · · Score: 0

    What DOES it say about him?

    You can't honestly say you don't agree with him.

  24. Rounded corners by FMtRIS · · Score: 1

    2001 A Space Odyssey, rounded corners, BOTH are guilty of copying a prior form factor.

  25. Lots of ways to make a touch phone by tgibbs · · Score: 1

    While the success of the iPhone and iPad has lent a sense of hindsight inevitability to Apple's design choices, Apple's design documents highlight that there are lots of ways of designing a device that satisfy the original vague concept of a device that "fit in the hand, were ‘square with a screen’ and had ‘corners [which] have been rounded out.’" Indeed, Apple's own prototype designs resemble the final product considerably less than Samsung's products resemble Apple's.

  26. Re:First Posts are not the same anymore by Smauler · · Score: 0

    What the fuck are you people talking about?

    The "glory days" of Slashdot? When were those? I've been about since close to the start, lurking, registered later. I don't remember any "glory days".

    As long as Slashdot continues to provide stories I'm interested in, and has decent comments, I'm still here. Trolls get modded down relatively well, differing opinions get squashed a bit sometimes, but I try to mod them up even if I don't agree with them if their argument is semi-cogent. I seriously don't believe in group-think accusations, there's generally loads of out there nutjobs on most discussions, some are modded up, some down.

    tl;dr - Fuck off if you like, slashdot is not dead.

  27. Re:Surprises? R380! by prifre · · Score: 1

    Dont forget the phone I loved in the "early" days: The Ericsson R380. the first "smartphone"? It had (as far as I know) the first onscreen touch keyboard in a phone. Very many of iPhone concepts I remember from my old R380. Very few buttons (if you took away the numeric lid.

  28. Interesting comments on Wired by ilsaloving · · Score: 1

    It's funny... everyone complains about how the comments are going down hill, people don't read the article before commenting, etc etc.

    Reading the comments on wired, the signal to noise ratio is amazing. Not only do people not even read the article, they can't even read the captions under the pictures. And there are people who actually bring out the bible, as if that somehow has relevance to anything.

    Slashdot seems to be a lot like democracy. It's the worst system there is, except for all the other ones we've come up with.

  29. not so fast by Anonymous Coward · · Score: 0

    "This just in" Apple shows prototype work that PREdates Sony devices. "In other news" recent findings have come to light that in 1876 Alexander Graham Bell created a futuristic device, with an earpiece and a mouthpiece that would enable two individuals to conduct a conversation over an extended distance...

  30. Re:we all know how that turned out by Forty+Two+Tenfold · · Score: 1

    The classical imagery of hell suggests the conditions there are not suited for rotting.

    --
    Upward mobility is a slippery slope - the higher you climb the more you show your ass.
  31. Apple vs Samsung.... by Anonymous Coward · · Score: 0

    gosgog:
    1st, it seems to me that there's a good deal of stupidity in the "copyright" world in today's IT. And if this case is all about a rectangle with rounded corners, I wish I could influence "Da Judge"....I'd tell 'em, "GET THE FC@#$%&*k" out of here, pay $1,000,000. each as a fine for wasting the courts time!"

  32. Oops by Anonymous Coward · · Score: 0

    try that again: galaxy vs iPhone