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Who Cares If Samsung Copied Apple?

hype7 writes "The Harvard Business Review is running an article that's questioning the very premise of the Apple v Samsung case. From the article: 'It isn't the first time Apple has been involved in a high-stakes "copying" court case. If you go back to the mid-1990s, there was their famous "look and feel" lawsuit against Microsoft. Apple's case there was eerily similar to the one they're running today: "we innovated in creating the graphical user interface; Microsoft copied us; if our competitors simply copy us, it's impossible for us to keep innovating." Apple ended up losing the case. But it's what happened next that's really fascinating. Apple didn't stop innovating at all.'"

544 comments

  1. The Chinese... by j35ter · · Score: 5, Funny

    couldn't care less!

    --
    Delta-Mike November Bravo Tango
    1. Re:The Chinese... by Anonymous Coward · · Score: 0, Flamebait

      The Chinese don't give a shit about copying anything, as long as it makes a buck.

    2. Re:The Chinese... by Anonymous Coward · · Score: 1

      And while Apple and other such companies waste time and resources in the courts, they can spend theirs on research and innovation.

      Patents, Copyright, and Trademarks protection really should be narrowed.

      It won't, but it should.

    3. Re:The Chinese... by Anonymous Coward · · Score: 5, Interesting

      You kid, but this is actually important.

      Supposedly we live in a "Global Economy" now.

      China manufactures a lot of goods for the US. Now ask yourself, what does the US have to offer China, and the rest of our world? Intellectual Property, which is only reinforced by our nations laws? Our Lawyers, which mostly are specialized in US law? Our MBAs?

      If we hardly manufacture anything now and IP is our primary "resource", and foreign countries do not need to respect our IP, then what exactly do we have to trade for? What do we offer the world?

    4. Re:The Chinese... by what2123 · · Score: 1, Insightful

      We (The United States) offer them the ability to keep their land and people under peace and not the premise of war. We (The United States) have the military strength to undermine another sovereign state's ability to maintain control of factories and production of said goods. This is what we offer to them and will do so until we cannot do so.

    5. Re:The Chinese... by Anonymous Coward · · Score: 0

      this is thoughtcrime.

      actually you are right...and it is shocking.

      we have been swindled big time. we should never have outsourced.
      The digital-realm is a lie and it is destroying the material world.
      overreacting? we shall see.
      tv is destroyed. movies/music are stolen freely. newspapers are gone. software is pirated.
      all the electronics are so cheap now. what happens when this continues.
      everything is valueless.

    6. Re:The Chinese... by polar+red · · Score: 4, Insightful

      You're kidding right ? The war in Afghanistan has taken 11+ years, and costing trillions, and you're saying China should be Afraid ? HAHAHAHAHAH !

      --
      Yes, I'm left. You have a problem with that?
    7. Re:The Chinese... by hawguy · · Score: 4, Insightful

      We (The United States) offer them the ability to keep their land and people under peace and not the premise of war. We (The United States) have the military strength to undermine another sovereign state's ability to maintain control of factories and production of said goods. This is what we offer to them and will do so until we cannot do so.

      I wonder if that's true in modern times - if we declared war on China because we wanted control of their factories and suddenly lost access to Asian electronic component imports (even if other Asian countries remained friendly to the USA, China's military may prevent them from manufacturing or exporting any goods), would we be able to keep our war machine running? Do we have the capacity to make the semiconductors, resistors, capacitors, and build the circuit boards that we rely on for our "smart" military? Could that capacity be ramped up as quickly as we ramped up our industrial manufacturing capacity during WWII? A single chip fab can take billions of dollars and years to bring online - and probably relies on many foreign imports to make it run.

    8. Re:The Chinese... by ColdWetDog · · Score: 4, Insightful

      No, he's not kidding and what2123 shouldn't be downmodded as a troll. Just because we aren't terribly successful at winning the hearts and minds of the Afghan people doesn't mean we do not have a formidable military presence in the rest of the world.

      The wars in both Iraq and Afghanistan were totally stupid and failed to meet the vast majority of political and military objectives that were publicly stated. They do manage to show the world that we will spend untold trillions of dollars and tens of thousands of lives (both ours and everyone elses) on fairly stupid, limited goals. China well knows that if it really tried to piss us off it could be turned into a vast repository of active nuclides so they won't.

      It's going to be much like the "Cold War" which really was a warm warm using proxies (like Afghanistan). Look at China's attempts at getting at Africa's mineral resources. If they get terribly successful at it, plan on various guerrilla groups and proxy governments to join the fray.

      I personally don't think this strategy is economically viable nor particularly sane, but then again, nobody votes for me....

      --
      Faster! Faster! Faster would be better!
    9. Re:The Chinese... by Anonymous Coward · · Score: 2, Interesting

      In any serious war, you'd be fighting with what you had. A WWII fighter could be built and flying in a few days (few weeks if you had to start from nothing and build engines, etc, from scratch), but replacing an F-22 would take months or longer, even if you had no supply problems... the war would be over before the first replacements reached the front lines.

      Years ago I worked for a company whose chips were used to a small extent in military aircraft. If I remember correctly, we had to build those chips in America rather than Taiwan, but they were so obsolete by the time the hardware flew that we had to pay the fab to do a special production run for us every time they wanted some.

    10. Re:The Chinese... by paulsnx2 · · Score: 5, Insightful

      It is totally naive to think that just because someone can look at your product, they can execute the production, distribution, and support for your product.

      IP is not our primary resource. And if it is, we deserve to fail utterly.

      Companies should be successful for building, selling, distributing, and supporting products. There isn't any reason to Tax the world for their willingness to compete just because we pass a law that says they have to.

      Today there are nearly 200,000 patents on various aspects of smart phones. Maybe even more! If we gave every patent holder a penny, a cell phone would cost 2,000 dollars for IP alone.

      Get over it. IP is important to some extent. But Apple's abuse of the system is unethical and shouldn't be tolerated.

    11. Re:The Chinese... by Anonymous Coward · · Score: 5, Insightful

      I write this knowing full well that it will probably get modded down to -1 but this is exactly the sort of attitude that we (foreigners) see from US citizens which makes us look down on your country.
      You (vocal, arrogant and naive representatives of the USA) post inflammatory things (like the above) acting like you are the worlds police (Team America... F*ck YEAH!) without even realising that Chinas intellectual property laws are quite different from the USA's and they are not beholden to your laws.
      In reality it is only the AMERICAN company (in this case Samsung USA) who imports the product who is responsible for making sure the product complies with the local laws of the USA.

      Regardless it would be quite interesting to see what happens if the USA ever did declare war on China... a little flash video from Albinoblacksheep springs to mind:- http://www.albinoblacksheep.com/flash/end

    12. Re:The Chinese... by Anonymous Coward · · Score: 0

      The biggest limitation on our ability to produce is the restrictions on the export of the Chinese rare earth minerals. If it were not for that, then some more factories would be located in other countries such as India or the Philippines or maybe even Mexico.

    13. Re:The Chinese... by DragonTHC · · Score: 1

      Apple cares. As do apple's shareholders.

      --
      They're using their grammar skills there.
    14. Re:The Chinese... by CAIMLAS · · Score: 3, Interesting

      China manufactures a lot of goods for the US. Now ask yourself, what does the US have to offer China, and the rest of our world? Intellectual Property, which is only reinforced by our nations laws?

      Competence?

      It's a running joke that Americans are fat, stupid, lazy bastards. Many of us are. It's true for Northern Europe, too. What is also true is that when you're looking for field experts and one-of-a-kind capabilities, this is still where you look.

      You fail to realize that when another country needs precise engineering (regardless of the field), they'll usually look to the US. Yes, even today. With few exceptions, the rest of the world still looks to the White Man Culture to implement the new, important, interesting, useful things - and then "steals" them, implementing lesser versions of them.

      * skilled machinists
      * structural engineers
      * any precision instruments
      * specialty, non-consumer electronics
      * competent sysadmins
      * software that actually does its job well (what, did you think you'd find something in India?)

      This isn't race pride or anything like that. You can find eg. good software engineering in India, but it's rare due to the culture.

      Don't be fooled by the news and these patent sharks. There is still a lot of capability left in the US and the West as a whole, despite the powers that be trying to pillage it away.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    15. Re:The Chinese... by Sir_Sri · · Score: 1, Interesting

      Except that your military advantage is entirely intellectual property driven, the (technical) design off all of your equipment and all of the components of that equipment define the equipment. If someone can copy those, and remember, quite a lot of the parts are made in places not covered by US IP laws, you lose your military advantage.

    16. Re:The Chinese... by Anonymous Coward · · Score: 4, Insightful

      Even though we still have a dominant 1st-world military, and we're trying to act like self-justifying warpigs in some areas, when an "ally" of one of our former enemies (who still has enough nukes to glaze the world over a couple of times, at least), we're suddenly reluctant.

      China seems to want to take the long view on things more often than not. They're in a spot where they can invest in infrastructure in Africa with a currently far less obligatory reciprocity required from its target countries. In return, those countries are far more welcome to the Chinese investments. The US and Europe these days are edging to the worst excesses of the first colonial days, focused only on short-term, maximized resource extraction rate (aka "profits"), regardless of what is left behind. Sure, China will approach that, but at least the countries have 20-50 years to realize this. China is also new, different, not a lot of history. European & American countries have 100-200 or more years of colonial exploitation history...

      China is happy to let us ADD ourselves into the spider web or quicksand. Hopefully, again in the future, we here in the West can come together, to a point, and pull our collective heads out of our asses (WWII), but hopefully not because of an epic world condition.

    17. Re:The Chinese... by rtfa-troll · · Score: 5, Insightful

      The Chinese don't give a shit about copying anything.

      No; The Chinese care very much. China began writing long after the Mesopotanians, however, because ancient Chinese texts were carefully and repeatedly copied, they have survived much longer than texts almost anywhere else in the world. This gives them a real claim to be the oldest culture in existence. The current Chinese trend to "respect intellectual property" is a sign of their current governments disregard for the good of their culture and pandering to corporate interests over those of the Chinese people.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    18. Re:The Chinese... by polar+red · · Score: 2, Insightful

      The US and Europe

      Do not try to drag us(Europe minus the UK) into the mess the US(and its puppet, the UK) is getting itself into !

      --
      Yes, I'm left. You have a problem with that?
    19. Re:The Chinese... by Yo_mama · · Score: 3, Informative

      Much as I like WWII fighters... that's bunk. You first need to build the tools and dies to form the parts. You need skilled workers who know how to use them. Let's also not forget the main strength that gets overlooked - logistics. Your fuel comes from a refinery that probably uses a few microprocessors here and there. What are you going to do when you start having production problems with your fuels, hydraulic fluids, etc.?

      --
      Never understimate the power of human stupidity -Lazarus Long
    20. Re:The Chinese... by sl4shd0rk · · Score: 0

      What do we offer the world?

      RIAA/MPAA litigation and and quite ludicrous military budget.

      --
      Join the Slashcott! Feb 10 thru Feb 17!
    21. Re:The Chinese... by Anonymous Coward · · Score: 0

      More like 34+ years
      http://en.wikipedia.org/wiki/Afghan_Civil_War

    22. Re:The Chinese... by rjstanford · · Score: 1

      Do we have the capacity to make the semiconductors, resistors, capacitors, and build the circuit boards that we rely on for our "smart" military? Could that capacity be ramped up as quickly as we ramped up our industrial manufacturing capacity during WWII? A single chip fab can take billions of dollars and years to bring online - and probably relies on many foreign imports to make it run.

      This is why you get projects like the "$50K toilet" that people love to bash - the military has blueprints for building almost everything (indeed, high-dollar normal items like that generally represent the costs to fully design, source, and create an assembly line, amortized over the 100 or so items they then build to make sure that they've got the process down correctly).

      --
      You're special forces then? That's great! I just love your olympics!
    23. Re:The Chinese... by fustakrakich · · Score: 4, Insightful

      The war in Afghanistan has taken 11+ years...

      Winning is not the objective. Perpetuating war is. Making this war one of America's most successful ever. And we have secured the poppy fields from the Taliban who damn near shut down the opium trade back in 2001. Just in case you're wondering why we are really there. The numbers speak for themselves.

      ...and costing trillions...

      No, it's making trillions for the financiers of this little adventure.

      But neither of these should or will frighten China.

      --
      “He’s not deformed, he’s just drunk!”
    24. Re:The Chinese... by Anonymous Coward · · Score: 0

      Robots on Mars.

    25. Re:The Chinese... by j35ter · · Score: 1

      Your words are wasted, they do not listen...
      I just hope more Europeans will start to think the way you do! There are still far too many Europeans, who think the US is their savior, and that we should see the US as a role model for Europe *shudder*

      --
      Delta-Mike November Bravo Tango
    26. Re:The Chinese... by Anonymous Coward · · Score: 0

      Much as I like WWII fighters... that's bunk. You first need to build the tools and dies to form the parts.

      In WWII you had WWII fighter factories. You just built them on the production line.

      I wasn't trying to suggest that you should suddenly start building WWII fighters today. I was pointing out that you could build 20,000 fighters during the course of WWII, but you can't build 20,000 F-22s during the course of WWIII against China. The supply chain doesn't matter because you simply can't build them fast enough to keep up with the attrition rate against any serious adversary in a modern war.

    27. Re:The Chinese... by Anonymous Coward · · Score: 0

      Posting AC to preserve mods. I get the impression that the poster was simply acknowledging the actions of the United States government and not necessarily implying that they are morally/ethically right. I'm a U.S. citizen and am constantly appalled with our government's heavy-handed intrusion into the affairs of other nations. I have traveled a great deal and am thankful that most people know that there is a difference between the average (liberally minded) citizen of the U.S. and the members of its xenophobic plutocratic government.

    28. Re:The Chinese... by gman003 · · Score: 5, Insightful

      That's because in Afghanistan, we're not fighting a war, we're fighting an insurgency. Big difference there (for a /.-friendly analogy, the difference between CP/M and RHEL).

      A war would be two armies, fighting on relatively equal ground (within an order of magnitude of each other, at least). And it would be destructive as *hell* (there's almost no way a real war now would not go nuclear), and would end only with the near-complete destruction of one side's forces and economy. That's what the US military is designed for, and what a war with China would be. Remember Iraq? The proper war with Iraq's rather significant military, many of them veterans of a very long, bloody war with Iran, and armed with reasonably modern weapons? I'm sure you *don't* remember, because we cut through them like butter. We blasted them with not even the full might of our military (we held the nukes back, at least), and they literally could not surrender fast enough.

      An insurgency is different. You don't win by killing all the enemy combatants, destroying all their materiel and wrecking their supply chain. After all, they can recruit more insurgents from the population, can arm themselves with locally-made or stolen small arms, and have no supply chain worth speaking of. No, you win this sort of war by "winning over" the people, by trying to minimize civilian casualties (instead of maximize enemy casualties), by building up civilian infrastructure (instead of destroying militarily-useful infrastructure). It's a war of politics and propaganda, not of armies and fleets.

      And it is, unfortunately, something very difficult to win. In fact, I think it is essentially impossible for a democracy with any semblance of a free press to win, because all but one of the examples I can think of of "successfully ending an insurgency" were done by brutal massacres and the sort of things the Geneva Conventions were designed to stop. The sole counter-example I can think of is Ireland, and that was not a "victory" as much as it was "stalemate".

    29. Re:The Chinese... by geekmux · · Score: 1

      We (The United States) offer them the ability to keep their land and people under peace and not the premise of war. We (The United States) have the military strength to undermine another sovereign state's ability to maintain control of factories and production of said goods. This is what we offer to them and will do so until we cannot do so.

      That is not an "offer", that is merely a threat of force as a self-proclaimed global Mafia.

      And quite frankly, if it came down to that, the Chinese would likely be the last country to be impressed by our show of force, so if that is all we have to offer them, then we should start counting down our days as the global superpower now.

    30. Re:The Chinese... by shutdown+-p+now · · Score: 3, Insightful

      China began writing long after the Mesopotanians, however, because ancient Chinese texts were carefully and repeatedly copied, they have survived much longer than texts almost anywhere else in the world. This gives them a real claim to be the oldest culture in existence.

      Who cares about being "the oldest culture in existence"? What matters is where you're now, and it'd be pretty silly to excuse poor performance by saying, "well, but we did all those awesome things like 2000 years ago".

      (naturally, this is not specific to Chinese at all)

    31. Re:The Chinese... by macraig · · Score: 3, Interesting

      Which is, of course, exactly why the Obama Administration has been "going nuclear" on domestic and especially non-domestic threats to that precious IP. It's what prompted the extreme and illegal actions against MegaUpload and Kim Dotcom, not to mention that fellow from the UK whose name and site escapes me who also faces a sort of extreme rendition. There's also WikiLeaks and Julian Assange, because our government also perceives the diplomatic cables, war documents and videos and all the rest that WikiLeaks has shared to be "intellectual property" of the government itself.

      This is why "infringement" is no longer simply a civil matter. It's now a crime against the state.

    32. Re:The Chinese... by Dog-Cow · · Score: 1

      The wars in Iraq and Afghanistan are/were taking so long because the US chose not to nuke the places from orbit. If one is fighting a war of survival, betting against the US is far from a sure thing.

    33. Re:The Chinese... by maroberts · · Score: 2

      Its a bit difficult to say what the attrition rate would be. Is Chinese military technology good enough to cause harm to significant numbers of F22s?
      It has to be pointed out that whilst Chinese technology has advanced, it's nowhere close to that of the US in terms of what is in the front line in significant amounts.

      The Chinese army significantly outnumbers that of the US, but again most of their troops are conscript level and less well equipped.

      All this is a bit pointless really though, the Chinese simply believe that if they wait long enough, then their culture is superior enough and patient enough to win in the long run, without firing a shot (or at least not many)

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    34. Re:The Chinese... by Anonymous Coward · · Score: 0

      It doesn't matter the great genius BO said "They didn't build it"...so we all built get over it fools...GO OWNS!

    35. Re:The Chinese... by Anonymous Coward · · Score: 1

      Sweety,

      I am an engineer from Europe - you could call me an expert in my field - currently in the US. I am here because you do not have qualified people!
      The really qualified Americans I work with (and they get fewer and fewer), are stuck in their cubicles, managed by morons, who cant wait to replace them with yes-sayers from India (who are often underqualified).
      Of course, there are exceptions to this, but they just affirm the rule.

      Oh, and despite the 140k offered, I'll be glad to go back to Europe, once this project is finished, and enjoy my 50% lower salary with full health care, pension and social security, should I ever need it!
      At least then, I know what I am paying taxes for!

      I fully agree that the west still has some potential, but it is declining rapidly, as the only motivator has become short term profit, which makes governments unwilling to invest in its own people, and the people supporting them on that issue (tea parties, calling for less government, education, health???? :)

    36. Re:The Chinese... by MightyMartian · · Score: 4, Insightful

      And what kinds of messes do certain Continental European countries create? Germany, France and Switzerland are major arms exporters. Believe me, Europe causes its fair share of misery and woe, and on the scales of history, has caused more misery than war than any other bit of geography I can think of. No one needs to be lectured by Continental Europe on how to behave.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    37. Re:The Chinese... by Anonymous Coward · · Score: 0

      Actually, the US is still the dominant manufacturer of heavy industrial devices and microprocessors. It's the 'simple' parts of computers like hard drives, ram, and circuit boards that have mostly been outsourced. Also, while there are fewer automotive manufacturing plants in the US now than in the time between world wars, we do have the capacity to build the specialized components needed for ideal mass production faster than any other country on earth.

      This is ignoring the detail that 'military hardened' electronics are special order, often from US manufacturing. So a war with China will cost consumers greatly for a while, but the military resources will be only mildly inconvenienced while the local assembly lines get spun up to full speed. There are many reasons against invading China (the most famous Classic Blunder is 'never get involved in a land war in Asia'), but loss of Chinese parts won't be significant to the soldier on the ground (or ship, or boat, or plane).

    38. Re:The Chinese... by Anonymous Coward · · Score: 0

      I wonder if that's true in modern times - if we declared war on China because we wanted control of their factories and suddenly lost access to Asian electronic component imports

      Don't worry - Apple won't let that happen.

    39. Re:The Chinese... by Anonymous Coward · · Score: 0

      competent sysadmins

      That is so glaringly out of place on your list, we can only assume you are a jingoistic sysadmin. It's a bit like train conductor claiming to be part of the skilled workforce that produces the world's locomotives...

    40. Re:The Chinese... by rtfa-troll · · Score: 4, Insightful

      Who cares about being "the oldest culture in existence"? What matters is where you're now

      Where you are at now is a product of where you came from. It's not an accident that Sun Tzu is still studied in West Point. Time is an excellent filter of value in ideas. It's much easier to accept his teaching if you believe that he's an important part of your culture and if you have direct access to the original texts. Still; there's one perfectly valid point in what you are saying. Many of these texts are translated and everyone can learn from Chinese culture.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    41. Re:The Chinese... by Anonymous Coward · · Score: 0

      No, he's not kidding and what2123 shouldn't be downmodded as a troll. Just because we aren't terribly successful at winning the hearts and minds of the Afghan people doesn't mean we do not have a formidable military presence in the rest of the world.

      The wars in both Iraq and Afghanistan were totally stupid and failed to meet the vast majority of political and military objectives that were publicly stated. They do manage to show the world that we will spend untold trillions of dollars and tens of thousands of lives (both ours and everyone elses) on fairly stupid, limited goals. China well knows that if it really tried to piss us off it could be turned into a vast repository of active nuclides so they won't.

      It's going to be much like the "Cold War" which really was a warm warm using proxies (like Afghanistan). Look at China's attempts at getting at Africa's mineral resources. If they get terribly successful at it, plan on various guerrilla groups and proxy governments to join the fray.

      I personally don't think this strategy is economically viable nor particularly sane, but then again, nobody votes for me....

      Except the USA borrowed trillions from China so technically they already *do* own the US. Who would loan us the additional money to build a military campaign against China? Not China.

    42. Re:The Chinese... by Anonymous Coward · · Score: 0

      That's a real nice set of factories you have there. I sure would be a shame if something happened to them...
      .

    43. Re:The Chinese... by Anonymous Coward · · Score: 0

      The trained human component is missing for what you said for both manufacturing and military force.
      So you'll need the trained engineers/technicians/workers at factories as well as trained soldiers/sailors/pilots and support people...

      So all that fancy chip designs and fighter jets on paper goes nowhere...
      .

    44. Re:The Chinese... by Anonymous Coward · · Score: 0

      That's alright, we know you are having too much trouble with the debt crisis...

    45. Re:The Chinese... by shutdown+-p+now · · Score: 2

      Time is an excellent filter of value in ideas.

      Only when they're critically approached in the first place, rather than mindlessly duplicating them on the grounds that it's what you've always done before for centuries.

      I'm not saying that keeping knowledge around is worthless, far from it. But you keep it around to build other things on top of it, not merely to preserve it as is for posterity.

    46. Re:The Chinese... by Anonymous Coward · · Score: 0

      I think this post hits the nail on the head. For engineering expertise and quality, the US and perhaps Germany are still the tops. I am from India living in the US, and everytime I visit there, I am disgusted by the quality of engineering more often than not. The examples abound: Bathroom fixtures, machine tools, electrical switches/knobs, casters on your office chair, ketchup bottle caps (unless it is Heinz), public signage on the highways, and the train stations, toys, etc. "They" (and I was they just a few years ago) couldn't make a f**ing screw well if their lives depended on it. It is not a matter of cost even, since many things now cost the same, or even more over there, in absolute dollar terms.

    47. Re:The Chinese... by icebike · · Score: 2

      No; The Chinese care very much. China began writing long after the Mesopotanians, however, because ancient Chinese texts were carefully and repeatedly copied, they have survived much longer than texts almost anywhere else in the world.

      Not germane.

      In those days, where originally there may have been exactly one copy of a text, the act of copying was critical to its preservation, not to mention dissemination. One copy does no one any good. The Chinese copied texts no more frequently, and no more widely than any other civilization. Its just that more of them survived.

      That texts have survived in China longer is due to a lack of nut-job dictators and religious zealots seeking out and destroying every copy they can find, and even burning entire libraries to do so.

      --
      Sig Battery depleted. Reverting to safe mode.
    48. Re:The Chinese... by Anonymous Coward · · Score: 0

      That's easy. Declare war and seize their assets, in this case, all the IOU's.

    49. Re:The Chinese... by AwesomeMcgee · · Score: 1

      Actually, by and large components like the ones you're referring to when built for military purposes are designed in fractions of components so no one team designing a part can know the whole, and fabricated in the same way. They may know how to fabricate a bunch of disparate parts, but each one would be totally useless on its own to the point they would need our blueprints to even know what to do with them.

      Think of it like trying to figure out how to make a program work when all you have is half a partial class and a for loop that iterates B[] and calls A(), when you have none of the source or build components that would ever tell you where the rest of the code is. Sure a bunch of super computer scientists may be able to come up with something, but in the case of the military components, they would then successfully have figured out how to fabricate 1 of the 30k chips in one of our military devices. Then they have to move on to the next one. Good luck to them.

    50. Re:The Chinese... by Anonymous Coward · · Score: 1

      China began writing long after the Mesopotanians, however, because ancient Chinese texts were carefully and repeatedly copied, they have survived much longer than texts almost anywhere else in the world. This gives them a real claim to be the oldest culture in existence.

      Who cares about being "the oldest culture in existence"? What matters is where you're now, and it'd be pretty silly to excuse poor performance by saying, "well, but we did all those awesome things like 2000 years ago".

      (naturally, this is not specific to Chinese at all)

      So look to the Jewish world as proof. Written culture more than 5000 years ago with a recognized oral tradition going back well before that.
      Modern Israel is where you'll find the origin for a larger than average number of science and tech discoveries and breakthroughs from semiconductor to cellphone to medicine..

    51. Re:The Chinese... by shutdown+-p+now · · Score: 1

      So look to the Jewish world as proof. Written culture more than 5000 years ago with a recognized oral tradition going back well before that.
      Modern Israel is where you'll find the origin for a larger than average number of science and tech discoveries and breakthroughs from semiconductor to cellphone to medicine..

      Somehow I don't think there is a causative link there. You'd have a point if most of those science and tech discoveries came from the Orthodox community...

    52. Re:The Chinese... by AwesomeMcgee · · Score: 1

      IP is not our primary resource.

      Then what is? We have rapidly moved to an economy largely driven by what we can think up in this country. It may not always be IP in the full sense, but the majority of the countries income anymore is not driven by tangible work so much as work that plausibly could be patented (considering the how vague a thing can be to get patented): Investment strategies, Financial instruments (I'm looking at you credit default swaps), Engineering services (think designs for drilling rigs, bridges, et al), Organizational and business management services (Shell companies full of managers where all the peons are in India, Argentina, Russia, what have you), Education (piss poor as it is, universities have a great deal of income in our country), Healthcare (you might think this is tangible, but the minority of the income here is the actual doctor working on/with a patient, most of it is insurance strategies/marketing/management, and organic chemists formulas)

    53. Re:The Chinese... by Anonymous Coward · · Score: 0

      I wish the Americans would understand that concept. Just because the USA was great in the 1950's doesn't mean they're still awesome in 2012.

    54. Re:The Chinese... by QuantumRiff · · Score: 2

      A company I work with often has its primary product made in China. They ship the manuals from here locally, to the dealers all around the world, but the product is made in China. Recently, we have been getting angry customers, calling and saying that their russian model does not have a manual at all, and there are no russian language ones on the website. Funny, they don't sell in Russia, and none of their distributors are authorized to sell in (or located anywhere near) Russia.

      Apparently, we let it go, because its more expensive to change the manufacturing to another provider, or move it back stateside, than put up with the manufacturer selling grey market product.

      --

      What are we going to do tonight Brain?
    55. Re:The Chinese... by VortexCortex · · Score: 1

      Who cares about being "the oldest culture in existence"? What matters is where you're now, and it'd be pretty silly to excuse poor performance by saying, "well, but we did all those awesome things like 2000 years ago".

      Man, it sure is nice to not have all our eggs in one basket. Take note of the imaginary property disputes 2000 years ago when we started colonising other planets. The Martian colonists just used that artificial magnetic shield technology on despite not licensing the BS patents. It would have been silly -- no disastrous! -- to NOT "steal" that technology. Let's have a moment of silence now for all the poor Earthers who died in the Cosmic Ray Cataclysm...

      -- Mars, in a few thousand years, the new oldest culture in existence.

    56. Re:The Chinese... by Alumoi · · Score: 1

      You (The United States) offer them the guarantee that you will make war on their country whenever your corporate overlords need some kind of resource.

    57. Re:The Chinese... by rtfa-troll · · Score: 1

      Not germane.

      In those days, where originally there may have been exactly one copy of a text, the act of copying was critical to its preservation, not to mention dissemination. One copy does no one any good.

      One copy today is just as useless. The fact that copying is easier makes it even more valuable.

      The Chinese copied texts no more frequently, and no more widely than any other civilization. Its just that more of them survived.

      That texts have survived in China longer is due to a lack of nut-job dictators and religious zealots seeking out and destroying every copy they can find, and even burning entire libraries to do so.

      The Incas? The Ancient Celts? Yes; at the end they had access to writing and even used it in last desperate attempts to preserve their culture. I'm almost certain that Roman Catholic monastries copied much more than the Chinese, but they were nowhere near the back of the pack. Furthermore, they had plenty of destruction; read up about the Warring States period or the Mongol invasions.

      However; this is largely irrelevant; my point was that copying is a valued thing in Chinese culture. Not an original thing. I suspect they copied copying from whoever they copied writing from which is probably lost in the dawn of history. Educated; cultured Chinese people care about copying. As should everyone. Todays religious fanatics are the supporters of DRM who will try to put every copy onto fragile media and make it impossible to make further copies. Learning how to copy things is just as important now as it was then.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    58. Re:The Chinese... by Anonymous Coward · · Score: 0

      Most of that stuff looks like it is special purpose hardware, but it's not, or if it is then it's gear that can be made in the US. Our RTU and director gear is fab'd soup to nuts in the US, and runs Linux, in a pinch you could convert a PC to do the work. Our MTBF on the gear that drives the refinery valve is 8 yrs, and we have 10% on stock.

      By the time that it became a problem, we would already be tooled up for production. So... maybe you should start a war with the Chinese... boost local tech.

    59. Re:The Chinese... by naris · · Score: 0

      The Chinese view that as a negative, not a positive since they are an opposing force to us, They would really rather that we did not undermine their (China's) ability to maintain control of factories and production.

    60. Re:The Chinese... by roman_mir · · Score: 1

      Only as long as the Chinese keep financing it. China and the rest of the morons out there who buy US debt obligations are financing US war machine and US consumption of goods made by those very morons.

      Sorry, morons, it is what it is.

    61. Re:The Chinese... by Anonymous Coward · · Score: 0

      Don't delude yourself. If china wanted to destroy us, they would destroy us. The only way we'd give up would be to fight to the death - and unfortunately for us, they have 6 times our people, so a war of attrition isn't something we can win.

    62. Re:The Chinese... by Anonymous Coward · · Score: 0

      Ahhhh now hold the phone a sec :D

      The typical American doesn't write the laws. The typical American really doesn't care about any of the IP Rights lawsuits that fly about on a daily basis. Really, we don't. Folks should refrain from grouping entire countries populations together based on comments made by the oh-so-miniscule-percentage-of-the-overall-population.

      That said, the American Government simply needs to realize that American Laws mean nothing outside of American boundaries. Nothing, nada, zip.
      Anymore so than Chinese laws mean anything outside of China. Our corporations aren't run by the smartest folks on the planet sometimes . . .

      I will give you overall American Attitude problem. Go on deployment for six months to a year and come back to the States and the very first thing you notice is just how rude everyone is to each other. Kind of an eye opener.

      We won't hold it against you for hating our government though. Hell, we hate em too. Just can't seem to get rid of them. Assuming our vote counts for anything anymore, we simply replace one corrupt lying scumbag with a newer, slightly younger model every few years. It's sad really.

    63. Re:The Chinese... by pspahn · · Score: 1

      You may want to read some recent history on the topic.

      France did have quite a role to play in the Oil For Food Program, as did Russia and other regional players.

      --
      Someone flopped a steamer in the gene pool.
    64. Re:The Chinese... by polar+red · · Score: 3, Insightful

      A war would be two armies, fighting on relatively equal ground (within an order of magnitude of each other, at least). And it would be destructive as *hell* (there's almost no way a real war now would not go nuclear), and would end only with the near-complete destruction of one side's forces and economy. That's what the US military is designed for, and what a war with China would be.

      area of iraq : 438,317 km2

      area of china : 9,640,821 km2 (about 20 times as much)

      populations : 31 million and 1300 million. (about 40 times)

      and china also has nukes.

      I hope you're not really contemplating attacking China ?

      --
      Yes, I'm left. You have a problem with that?
    65. Re:The Chinese... by polar+red · · Score: 1

      because the US chose not to nuke the

      If the US would nuke, Europe-UK would side with Afghanistan.

      --
      Yes, I'm left. You have a problem with that?
    66. Re:The Chinese... by interval1066 · · Score: 1

      you're saying China should be Afraid ?

      Actually, technologically, yes. As one example, Chinese submarine technology is over 20 years behind ours. That's only one example, there are many others. What the Chinese lack technologically though they more than make up in manpower, and they are quickly gaining in the technology front anyway. In any case I seriously doubt they are looking to us to keep the world safe. I don't look to us to keep the world safe.

      What's much more interesting to me is the current row between China and Japan. If China and Japan were to ever team up technologically, ecnonomically, and militarily; game over for the world, folks, game over. I guess its a good thing for the world Nanking is still a sore point for China. If those two every do team up though...

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    67. Re:The Chinese... by Anonymous Coward · · Score: 0

      that's a totally different type of war(?). there ain't jack-shit in afghanistan. we're idiots for being there. there's nothing to win but 'hearts and minds'. just a bunch of dirt-poor farmers. there are some that are not dirt-poor. they grow opium. no factories to bomb.

    68. Re:The Chinese... by Darinbob · · Score: 1

      That's if you learn from the past and history, and you change your culture over time to improve it. Just claiming to have an old culture is not at all the same as having a good culture. This strays a bit towards the odd idea some people have that people a couple thousand years ago were smarter and wiser (or helped out by space aliens) and that people today are just stupid. Remember that many of these ancient cultures would treat human life as nearly worthless, legal systems were nearly nonexistent (for rich or poor), etc.

    69. Re:The Chinese... by nine-times · · Score: 1

      A strong military, alone, does not make up a good foundation for an economy. The only way that the military can keep a society wealthy is by constantly invading and pillaging other countries, but even that doesn't constitute "building a productive economy."

    70. Re:The Chinese... by Anonymous Coward · · Score: 0

      hah. they use such citations to lay claim to territories that they unconscionably don't have a right to, like the the Tibetan and Urumqi lands; and recently, the Philippine / South China Sea. Get this, they said it's theirs because they've been fishing there for millenia. If you follow that train of logic and consider it's laying claim to Taiwan as well, you will therefore conclude that wherever a Chinese person pisses on, is their property, it's their land by right. Beware the Chinatowns across the world.

    71. Re:The Chinese... by Anonymous Coward · · Score: 0

      Does this mean that China invented copying?

    72. Re:The Chinese... by Anonymous Coward · · Score: 0

      truth is, we (the US) still produce more manufactured goods than any other nation in the world. it may seem untrue but that is because we mostly produce industrial goods, not consumer goods.

      however, i shall take your bait. your points condemn any economic policies that poise the US to lead the world through IP. it is plain stupid for any country give up it's means of production. stupidity that undermines national sovereignty.

    73. Re:The Chinese... by retroworks · · Score: 1

      If by "The Chinese" you mean the Taiwanese, they may care a little bit. They have been the kings of display technology and touch screen technology for almost 2 decades. My understanding is that Apple came up with applications and software, but the "touch screen" part of the smartphone experience is ODM, original design manufactured, in Taiwan. For most people in the USA, they think that's what the patent fight is about. Otherwise Apple would be suing Android, HTC, etc.

      --
      Gently reply
    74. Re:The Chinese... by Vancorps · · Score: 1

      Most military components are indeed manufactured domestically. That's why it was a big deal when some designs were stolen and shipped to China. It then becomes a question of securing information domestically which is far easier than when it is manufactured over-seas.

      This is all mostly a moot point though, any country with the resources to manufacture an F35 from blueprints has a vested interest in maintaining peace. China for instance has been gaining technology fast but they wouldn't attack any countries with significant military resources because it would harm them greatly as well. Mutually assured destruction does a lot to keep people from firing unless it's actually necessary.

      There is an old argument that war is great for economies, in those days economic conditions were much more volitile though and today, the corporations which control the worlds resources would rather maintain the status quo rather than risk losing large amounts of assets.

    75. Re:The Chinese... by Anonymous Coward · · Score: 1

      Why not? You dragged us into the mess you created in the first place with the Sykes-Picot Agreement, while the UK did it on their own with the Treaty of Rawalpindi (long before one could ever call the UK a US puppet). No, if you are in the EU, you are an inheritor to the mess created in the aftermath of the 1914-1918 war, which we Americans call "WWI" and used to call "the Great War" and "the War to End all Wars," and the current state of Iraq, Kuwait, Jordan, Israel, Syria, Egypt, Libya, Arabia, Iran, and Afghanistan are as much your fault as ours. See David Fromkin's *A Peace to End All Peace, The Fall of the Ottoman Empire and the Creation of the Modern Middle East*.

    76. Re:The Chinese... by Anonymous Coward · · Score: 0

      1. Samsung isn't an American company, it's a South Korean company; and "Samsung USA" is merely a wholly-owned subsidiary.
      2. We have international intellectual property treaties. If a country doesn't want to sign those, we (meaning all the signatories, not just the US) can withhold our trade. And NO country - not the US, not China, not the EU as a whole or any part of it, not Iran or Syria, NO country will survive all by itself.

    77. Re:The Chinese... by Kartu · · Score: 1

      You're talking about country with nuclear weapons, capable of building transcontinental missiles.
      Go get some cheap rare earth elements from China, you military superpower you...

    78. Re:The Chinese... by CAIMLAS · · Score: 2

      Yep, that's me - a jingoistic sysadmin. That doesn't mean I'm wrong.

      You apparently don't understand the value of a sysadmin. A country with a locomotive which doesn't run, or runs inefficiently, doesn't mean half a shit because the fireman (as locomotive engineers used to be called) isn't doing his job.

      Producing them? No. But keeping them running is the sysadmin's job (whether they're network, storage, etc. sysadmins, it doesn't matter). Without your switches, servers, and yes, often overly kludged temporary fixes, the engines of the modern world would screech to a halt. It happens to individual businesses all the time. The traits necessary to be a good sysadmin are not endemic or even culturally common within the US, but they're a hell of a lot more predominant here (and in Europe) than anywhere else.

      In the US, a sodbusting peon is a farmer or a rancher with a multi-million dollar operation. That's a family farm, in many cases. But in other countries and throughout the world, they're just sodbusting peons. The mindset (not necessarily the experience) necessary for such feats is what, I have found, is commonly required for a sysadmin: you can do it all, top to bottom, and what you can't do, you can figure out quickly enough - because your livelihood depends on it.

      A competent sysadmin is a lot more than someone who just clicks around in Windows. I'm talking about the rare individual who is able to do a full network rollout - switching through racked equipment, desktops, etc. - without much, if any planning (if needbe) because they know their stuff. A competent sysadmin is a maintenance engineer, in essence. The field or specific skillset doesn't matter: it's the ability and drive to quickly assess a problem - and have the ability to find a solution. (I should note that part of the reason why we're better at it is due to immigration: hundreds of years of immigration from poor countries has, if nothing else, given us a preponderance of problem solving ability, I think.)

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    79. Re:The Chinese... by Anonymous Coward · · Score: 0

      Actually, yes, it is an accident that Sun Tzu is still studied at all, even in China, since (according to Sima Qian) all of his books were ordered to be burned in 213 - 206 BC at the orders of the Qin emperor. They survived anyway.

    80. Re:The Chinese... by Sir_Sri · · Score: 1

      So you'll need the trained engineers/technicians/workers at factories as well as trained soldiers/sailors/pilots and support people...

      and all of the training is a matter of intellectual property as well essentially. Copy the documents, copy the training plans and you have a fairly good sense of what's going on.

    81. Re:The Chinese... by CAIMLAS · · Score: 1

      Pretty much.

      The attitude throughout most of the world seems to be, "why would I improve it if this is good enough?" whereas in the US, the attitude is, "this can be done better, why would I have to put up with this?"

      I've known people who have remodeled their entire house on their own because they didn't like the work the contractor did - sometimes redoing a room twice. Sure, that all comes down to preference, and that's a bit of a destructive personality flaw (in specific terms), but there's a cultural flip side to that, too.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    82. Re:The Chinese... by Sir_Sri · · Score: 1

      our blueprints to even know what to do with them.

      all of which is just intellectual property.

      they would then successfully have figured out how to fabricate 1 of the 30k chips in one of our military devices.

      No, they only need to steal/acquire/buy the designs for each component, once.

      Good luck to them.

      Everyone has been quite successful at either stealing or copying or reinventing US military innovations for some time. That they aren't willing to throw as much leaves them with smaller armies, but don't delude yourself, for the same PPP dollars most anyone can match what the US is up to. And the US is gradually losing the edge of having a massive civilian manufacturing base to fall back on as its real great strategic reserve. Obviously having 300 million people still gives a leg up over any european state though.

    83. Re:The Chinese... by Anonymous Coward · · Score: 0

      then again, nobody votes for me....

      Come on, Slashdot... ColdWetDog in 2012!

    84. Re:The Chinese... by Sir_Sri · · Score: 1

      Most military components are indeed manufactured domestically.

      sure, by value the US is what, 70% domestic, the problem is a matter of how critical the other 30% are, if you're talking about displays from korea or processors from singapore you have a problem.

      That's why it was a big deal when some designs were stolen and shipped to China.

      I actually don't think that's as much of a problem as it's made out to be for the reason you said, they don't really see a lot of value in picking fights with other people when economies are so interconnected and Taiwan (or some uninhabited islands) are worth so little to them. The issue is more what I would point to with europe, or slowly china. Anyone can match your capabilities for comparable PPP spending, everyone else is just cheap. But the great strength of the US military has always been in the backdrop of civilian industry that can be converted rapidly to simply out produce anyone else, the current reliance on technology is supposing there's some novel brilliance in the US defence industry that seems to be actually be a matter of money, not brilliance. And the manufacturing edge is slipping away, not compared to Europe so much, but it's slipped away compared to china.

      With enough spending the chinese can (and probably will) have the capability to take over all of Taiwan overnight, I would think that's the most sensible goal. The US could probably take over Cuba overnight if it put it's mind to it, and it's basically the same problem. So that's the problem, the US edge has been in having the money to develop the technology and then the manufacturing base to build it, the technology is actually not an advantage against anyone who wants to spend the money, and the manufacturing base has fallen being, so you can't rely on that to back it up.

    85. Re:The Chinese... by houghi · · Score: 1

      Just like the Mafia offers the ability to keep my knees?
      That is a treat, not an offer. Please know the difference.

      And you wonder why the rest of the world sees the USofA as a bully asking for your lunch money in return of not being beaten up.
      And you wonder why the rest of the world hates you and want to kick your as and kill your people.
      Those people do not hate your freedom. They hate your politics.

      An old Cherokee is teaching his grandson about life:
      A fight is going on inside me, he said to the boy. It is a terrible fight and it is between two wolves. One is evil - he is anger, envy, sorrow, regret, greed, arrogance, self-pity, guilt, resentment, inferiority, lies, false pride, superiority, and ego. The other is good - he is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy, generosity, truth, compassion, and faith. This same fight is going on inside you - and inside every other person, too.
      The grandson thought about it for a minute and then asked his grandfather,Which wolf will win?
      The old Cherokee simply replied, The one you feed.

      --
      Don't fight for your country, if your country does not fight for you.
    86. Re:The Chinese... by gman003 · · Score: 1, Insightful

      I hope you're not really contemplating attacking China ?

      No, I'm not. I'm just saying that "oh, the US just lost two desert counter-insurgencies, they would absolutely suck at fighting a monolithic Soviet-style military" is like saying "oh, the Raspberry Pi can't run Crysis, it must be useless".

      [achievement unlocked: made first RPi reference in a /. discussion]

      Basically, there is no correlation between an army's performance in a counter-insurgency, and their performance in a total war.

    87. Re:The Chinese... by Aryden · · Score: 2

      As a soldier having been on the field, the only difference between a "war" and an "insurgency" is the name you give it. A weapon in the hands of a man doesn't care whether he is wearing a uniform or a night gown.

    88. Re:The Chinese... by cerberusss · · Score: 3, Funny

      And what kinds of messes do certain Continental European countries create? Germany, France and Switzerland are major arms exporters.

      Hey, don't forget the rest of Europe! I'm from the Netherlands and we're at least as big as, as, I dunno, Idaho! And we make really nasty stuff too, like, errrr, ummm, like target sights! Or at least, we used to make them, let me look that up *returns to computer terminal*

      --
      8 of 13 people found this answer helpful. Did you?
    89. Re:The Chinese... by Anonymous Coward · · Score: 0

      Start naming military equipment parts that aren't made in the US or a place that supports US IP laws.

    90. Re:The Chinese... by Anonymous Coward · · Score: 0

      I fully agree that the west still has some potential, but it is declining rapidly, as the only motivator has become short term profit, which makes governments unwilling to invest in its own people, and the people supporting them on that issue (tea parties, calling for less government, education, health???? :)

      Umm.... Most people consider Europe to be part of the west.

    91. Re:The Chinese... by Anonymous Coward · · Score: 0

      Yup. China doesn't have a tenth as many nukes as the USSR did, and there were plenty of US generals who thought a first strike could work *back then*. What do they think now that the potential adversary is ten times weaker? So long as Russia is unwilling to provide a nuclear umbrella for China (which it would have no reason to do), there is indeed cause for concern if push comes to shove.

    92. Re:The Chinese... by Anonymous Coward · · Score: 0

      If the US actually "declared war" on somebody, it would last a few hours and there would be no need for manufacturing anything afterwards. Anywhere.

    93. Re:The Chinese... by Anonymous Coward · · Score: 0

      An oxymoron not a resource...moron.

    94. Re:The Chinese... by Roger+W+Moore · · Score: 1

      I wonder if that's true in modern times

      No it is not because China has nuclear weapons and, if pushed beyond some level would undoubtedly use them. Sure the US would retaliate in kind but you then end up with lots of losers and no winners...although on the bright side the ensuing nuclear winter would remove all concerns over global warming.

    95. Re:The Chinese... by Anonymous Coward · · Score: 0

      Intellectual Property is a small part of US exports (less than 5%, unless my memory is playing tricks with me). The US does more manufacturing (after compensating for inflation) than ever before.

    96. Re:The Chinese... by Anonymous Coward · · Score: 0

      basically, we're there to drive out elements of their society that we don't want to flourish...and then leave. we're pulling weeds out of someone else's garden in the hopes that we can prevent their weeds from spreading to other gardens of the world. maybe it's not stupid, per se, but it's ridiculously costly. the efficient thing to do would be to let the weeds flourish and take over the garden. then burn the whole damn thing to the ground. much more efficient than getting on one's hands and knees and trying to sift the chaff from the wheat.

    97. Re:The Chinese... by melted · · Score: 1

      US military is completely moot against any nation capable of delivering nuclear warheads to US soil. China is one of those nations. One bomb dropped on Chinese soil will result in a globally catastrophic retaliation.

    98. Re:The Chinese... by Anonymous Coward · · Score: 0

      Right argument. Wrong cause.

      You are defending Apple. The #1 company that re-used Xerox's work then promptly sued everyone in sight during the 1980s and 90s.

      Either you are too young to know this or you didn't pay attention.

      Apple did Look and Feel lawsuits and were quite rightly thrown out every time. AS THEY SHOULD BE.

      Compete on implementation not visuals. They can both look the same but one be SO MUCH better than the other.

      I'd take it further. Compete on implementation and not the concept. That would put most of the patent trolls in the dustbin.

      It would still level genuine innovators protected. Using copyright law. Copyright protects implementation and plagiarism. Not the concept.

    99. Re:The Chinese... by fredprado · · Score: 1

      The army performance in a total war would be mutually assured destruction. Period. US armed forces are there to kill insurgencies as you correctly explained and to keep a balance of power, not to be used in any real war. Any real war won't end with the almost complete destruction of one side. It will end with the complete destruction of both sides.

    100. Re:The Chinese... by fredprado · · Score: 1

      It would never reach a point that F22s would be used. Any tactical supremacy would be immediately responded with strategic weapons. There is no point in analyzing if US conventional weapons are superior while nuclear warheads exist.

    101. Re:The Chinese... by MightyMartian · · Score: 2

      Try a nice Dutch company, Trafigura, which got caught dumping toxic waste in the Ivory Coast, poisoning thousands.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    102. Re:The Chinese... by Cederic · · Score: 1

      Its a bit difficult to say what the attrition rate would be. Is Chinese military technology good enough to cause harm to significant numbers of F22s?

      Unless you go nuclear, the number of missions needed to seriously dent Chinese conventional capability would wipe out the current F22 squadrons just through wear, tear and accidents.

      Enemy action wouldn't even be needed.

    103. Re:The Chinese... by Anonymous Coward · · Score: 0

      Bull. It *may* end up with complete destruction on both sides, but that's hardly likely. Name one conflict where that happened, please.

    104. Re:The Chinese... by Cederic · · Score: 1

      Are you seriously that fucking insane?

      The US thinks it can start a war with China over intellectual fucking property, escalate it to nuclear levels, and still exist as a world force economically or militarily?

      Dream on.

    105. Re:The Chinese... by Anonymous Coward · · Score: 0

      System admins are plebs. Deal with it.

    106. Re:The Chinese... by fredprado · · Score: 1

      Name one conflict where mass nuclear weapons were used? Or better name one major conflict at all after nuclear weapons came into existence.

      There is no other possible outcome for a nuclear war. M.A.D. is what prevented any major war of happening since WWII, and still does, and US will never attack China, because of it.

    107. Re:The Chinese... by TENTH+SHOW+JAM · · Score: 1

      How long is now? Is now the shortest measurable time? Is it the time taken to have one thought? Is it 5 minutes? or is it Back in the day nobody carried calculators with them, but Now everybody has one built into their mobile phone.

      I would suggest that the ability to preserve culture, will allow researchers to remember ideas who's ideas were not ready for their lifetime, and allow people to use them in the future. See Newton, Babbage, Boole, Mandelbrot and others too numerous to mention.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    108. Re:The Chinese... by fredprado · · Score: 1

      No it does not. It does not think it can even start a war with North Korea to be honest. China is out of the question.

    109. Re:The Chinese... by Anonymous Coward · · Score: 0

      And yet people that have made the most mistakes, and learnt from them, are often the best advisors.

    110. Re:The Chinese... by cheesybagel · · Score: 1

      The US never actually fought the Soviet Union directly. The closest they came to blows was in the Korean War and that was not a particularly happy event for either power.

    111. Re:The Chinese... by Anonymous Coward · · Score: 0

      It's worthwhile remembering that while W. Edwards Deming was an American, it was the Japanese who first applied his principles to manufacturing in a widespread fashion.

    112. Re:The Chinese... by Sir_Sri · · Score: 1

      Missile guidance systems, made in switzerland, which they wouldn't sell to the US off and on for bombing places they disagree with.

      Computer parts made by South Korea (go to iran, no apple stores, but samsung stores).

      France, just sold Mistral carriers to russia.

      Shall I go on? Just because the technology isn't owned by the US doesn't mean it isn't equally good and in the hands of your allies, who are willing selling to the highest bidder who may or may not be your friend.

    113. Re:The Chinese... by gman003 · · Score: 1

      A reminder: "The absence of evidence is not evidence of absence"

      Now, let's examine this scientifically.

      You propose a hypothesis, that any war between combatants that are both armed with and use nuclear weapons would result in the total destruction of both.

      Now, the next step of the scientific process it to test that hypothesis. This presents an obvious logistical problem (probably an ethical one as well, but my science always leaned towards the "mad" type anyways). Let us assume, then, for the sake of argument, that such an experiment is beyond our means to carry out.

      However, such a long peace since Korea (the last war of true significance militarily, not just politically, IMO) is abnormal. You posit this is an additional effect of MAD deterrence. This, however, is a hypothesis ("no two nuclear-armed countries will engage in a significant war due to fear of the war becoming nuclear") that attempts to prove the negative - you cannot definitively prove it true (as long as at least two nations have nuclear weapons, there exists a possibility they will go to war), but it could be definitively disproven.

      Indeed, while I cannot prove it completely false, I can present counter-examples. The Kargil War was a military action between two nuclear-armed nations, and a non-trivial one with 35,000 men involved and at least 500 killed. Even a cursory glance at the Cold War shows that we were once extremely close to a nuclear war. I can also point at the increasing development of counter-nuclear weapons that may decrease the damage done by nuclear weapons to more acceptable thresholds.

      So ultimately this is an argument that cannot be perfectly resolved. I for one remain convinced that not only is nuclear war possible, but possible to survive and even win. And I doubt your mind has been changed, either.

    114. Re:The Chinese... by mdielmann · · Score: 1

      I think EVERYONE has a right to say something, because everyone who has had sufficient power to cause widespread misery has. The only thing that Europe has more of than the US is a greater history in which to cause misery. But then, they've been around as somewhat cohesive civilizations for between 700 and 1600 years (more if you count Rome and Greece), depending on the country and your definition of 'cohesive civilization'. That leaves a lot of room for abuse, compared to America's paltry 235 years or so.

      --
      Sure I'm paranoid, but am I paranoid enough?
    115. Re:The Chinese... by Izeickl · · Score: 1

      You, and those who modded you up, are completely retarded. Your military strength means nothing, any war of magnitude between China and the US will utterly fuck up the entire world including the US. Unless your willing for that to happen your military is useless as a threat until such a point such major consequences is better than what you currently have. The US wont even attack a backwater like North Korea who is hated because your scared of China and the potential nukes in North Korea.

    116. Re:The Chinese... by farble1670 · · Score: 1

      there's traditional war (reduce your country to ashes), and there's limited war (find some jerkoff hidden in a bunker somewhere and make sure not to hurt anyone else in the process).

      the US is very good at traditional war. they are as good as anyone else at limited war ... and by that i mean not very good.

      a war with china would definitely be a traditional war however.

    117. Re:The Chinese... by fredprado · · Score: 1

      You are obviously wrong. Absence of evidence is evidence in itself, scientifically speaking. The absence of contrary evidence is basically what makes us accept most of our current scientific theories. Always with the mindset that they may be false, but are still the best explanation available at this point, as there is no absolute proof for anything outside pure math.

      You are also wrong regarding the Korean war. It was also a minor conflict. A proxy war between US and USSR like many others. The last major conflict was WWII. No other such conflict came to be after this, only proxy wars, because US, USSR knew better than to try to pick a direct fight with each other.

      Pakistan and Indian were not nuclear powers, both had a very limited nuclear arsenal in 1999. And 35000 killed is a very small skirmish considering the size of both countries' populations and armies. Even so if the conflict had not stopped (which happened mostly because of the nuclear threat) it would have ended in considerable damage to both sides because of the deployment of their few nuclear warheads. Today their nuclear arsenals are probably much greater so you won't see them going to war, rest assured.

      US, China and Russia, on the other way, have sufficient nuclear warheads to completely destroy each other. It is a fact. Therefore, there never was and there never will be any real war between those nuclear powers. Period. Mostly because unlike you those in power have at least half a brain and know that M.A.D. is very real.

    118. Re:The Chinese... by Anonymous Coward · · Score: 0

      As a soldier having been on the field, the only difference between a "war" and an "insurgency" is the name you give it. A weapon in the hands of a man doesn't care whether he is wearing a uniform or a night gown.

      Spoken by someone who has only been involved in 'police actions', I'm sure. Unless you are about 90 years old, and somehow fought in WWII.

    119. Re:The Chinese... by gmhowell · · Score: 1

      I'd like to know what the results of taking out the Three Gorges Dam would be.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    120. Re:The Chinese... by farble1670 · · Score: 1

      Chinas intellectual property laws are quite different from the USA's and they are not beholden to your laws/quote.

      that's true, but unfortunately for china, most of the world recognizes IP laws of some sort that are in the same vein as that of the US. china does need to play by the rules of the global economy if they want to participate (and it sure seems like they do).

    121. Re:The Chinese... by Anonymous Coward · · Score: 0

      And what kinds of messes do certain Continental European countries create? Germany, France and Switzerland are major arms exporters.

      Switzerland? I was surprised to see the country in your list so I looked it up. Sure, their banks hold a lot of illegal money, but their arms exports compared to, say, the U.S. are negligible:
          http://en.wikipedia.org/wiki/Arms_industry#World.27s_largest_arms_exporters

      data for 2011:
      US: 8641 million dollars
      Switzerland: 137 million dollars

      i.e., less than 2% compared to the US. Germany and France export about 1/4 compared to the US.

    122. Re:The Chinese... by gman003 · · Score: 1

      There comes a moment in many arguments when you realize that, in the battle of wits, you are attacking an unarmed man. In this case, that happened around the second sentence of your last post.

    123. Re:The Chinese... by fredprado · · Score: 1

      For a battle of wits to happen there needs to be wits available at both sides. Unfortunately you lack this trait from your first post. Concede that your arguments are absurd and let go. There is no sense in humiliating yourself any further.

    124. Re:The Chinese... by Anonymous Coward · · Score: 0

      If China were disappeared from the earth, the human civilization(at least on technological/intellectual aspect) would not be impacted and just going as usual. But if U.S. were disappeared, it would cost several decades or more to rediscover those lost knowledge. Just imaging how many science/technologies were brought out from the U.S. So copycat is good and necessary, it's just like......doing backups!

    125. Re:The Chinese... by antdude · · Score: 1

      NBA, Acer, CBS, Care Bears, etc. care! :P

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    126. Re:The Chinese... by j35ter · · Score: 1

      Uh, Taiwan *is* a part of China; not even the Taiwanese deny that.
      OTOH, the US pissed on many South American democracies, helping their militaries to oust democratically elected governments - see Chile, Bolivia, Venezuela, Cuba,....

      --
      Delta-Mike November Bravo Tango
    127. Re:The Chinese... by Brawlking · · Score: 1

      Agreed, don't give a damn.

    128. Re:The Chinese... by rtfa-troll · · Score: 1

      I'm not saying that keeping knowledge around is worthless, far from it. But you keep it around to build other things on top of it, not merely to preserve it as is for posterity.

      It's often difficult to tell in advance which knowledge will be valuable. You have to both gratuitous conservation and development. That's one of the reasons why libraries are so important and their destruction is a terrible crime even if nobody dies. I wonder if you are actually accusing the Chinese of not developing? It seems to me that right now most people's problem with them (of people who have a problem) is related to the fact that they are developing.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    129. Re:The Chinese... by polar+red · · Score: 1

      I for one remain convinced that not only is nuclear war possible, but possible to survive and even win.

      With a complete destruction of economic infrastructure, and hostile relations with 80% of the rest of the world thrown in.

      --
      Yes, I'm left. You have a problem with that?
    130. Re:The Chinese... by Cederic · · Score: 1

      Could be hundreds of thousands dead. Maybe even millions.

      So no worse to China than the US losing, say, Dallas.

    131. Re:The Chinese... by sa666u · · Score: 1

      Yes, you, the United States are the spoiled kid, holding the gun. Keep beating your chest but the facts are that your country is practically bankrupt, you have no industry, you live in a police state, you have mostly a supporting role in the fields of science and innovation and the association that the rest of the world makes about you is "stupid american". You spend all your money on weaponry to hold the world hostage and make sure nobody is above you. Just like Apple does. The world does not exist to satisfy your historical inferiority complexes.

    132. Re:The Chinese... by hairyfish · · Score: 3, Interesting

      doesn't mean we do not have a formidable military presence in the rest of the world.

      China well knows that if it really tried to piss us off it could be turned into a vast repository of active nuclides so they won't.

      Wow.... just wow. Are Americans really this naive? You know America! Fuck Yeah! isn't really a usable military strategy? Sure you have some impressive hardware, but you have no brain. Let me tell you how it will work. China will destroy the US without a single shot being fired. They'll steal you're IP, hack your secrets, buy your officials, supply drugs to your children, financially back all the conflicting fringe groups and rot you from the inside out. They won't kowtow to the religious crazies, the gun nuts or anti-abortionists, they'll do whatever needs to be done to win, and you won't know it has happened until it's all over. China has a hundred year plan, The US can't plan past next week. You've already lost, it will simply take a few years for all the pieces to fall into place.

    133. Re:The Chinese... by RaceProUK · · Score: 1

      Probably. They've invested almost everything else.

      Seriously, the list of Chinese inventions is longer than the Great Wall.

      --
      No colour or religion ever stopped the bullet from a gun
    134. Re:The Chinese... by Shadow99_1 · · Score: 1

      The Chinese and Japanese hate each other... The Chinese for Japan siding against them and with the western powers during the US civil war era and then later for WWII. The Japanese for much more complex reasons, part of which is active racism (most asian sub-groups don't see themselves as the same race). They also hold opposite takes on Taiwan and have active territorial water disputes...

      It would take a massive external threat for the two to see eye to eye.

      --
      we are all invisible unless we choose otherwise
    135. Re:The Chinese... by interval1066 · · Score: 1

      Yeah, I barely touched the surface of the differences between the two. I keep in mind a story a friend of mine has related to me on more than one occasion however; a very good friend of mine was an exchange student in the late 70's, through a series of US state dept. intrigues, rather than go to India for two years he ended up going to Japan. During that trip his class was invited to meet a leading Japanese economist of the era at one of the top schools there. If I could remember his name its possible that some here would know it. During the lecture this man, who would only lecture in Japanese and have it translated to the students, stated what I said in the earlier post. If China and Japan were to link with each other economically and militarily, they would be the greatest superpower ever. I tend to believe this for a number of reasons.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    136. Re:The Chinese... by Anthony+Mouse · · Score: 1

      Now you're just playing the sleight of hand where you classify everything that isn't physical as "intellectual property." Copyrights and patents don't play a dominant role in the jobs of an insurance adjuster or a nurse etc., notwithstanding that their work product isn't always "tangible."

    137. Re:The Chinese... by Anonymous Coward · · Score: 0

      In the last 50 years the US has used more weapons against other human beings than any other country in the whole of history. Nobody even knows how many innocent civilians have been killed and maimed. So don't lecture Europeans about lecturing Americans. Most of the European stuff happened well before most of us were born. The US tyranny is happening right now.

    138. Re:The Chinese... by AwesomeMcgee · · Score: 1

      No, my point wasn't that copyrights play a dominant role in those jobs, but that their jobs are based on things that *could* be copyrighted or patented as intellectual property. The way the patent office runs these days somebody could probably get a patent on "A system where patients fill out insurance information before seeing a doctor to ensure proper coverage" and then tell everyone they had better pay up considering the amount of cost savings they get from ensuring coverage before the appt.

      Same goes for investment strategies or any of these other non-tangible goods. This is the problem with non-tangible goods and IP, with tangible goods IP isn't relevant because the actual product is the basis for income, not ideas about the product.

    139. Re:The Chinese... by Anthony+Mouse · · Score: 1

      That seems even less coherent. All you're saying is that you can have a patent system that allows anything to be patented. It has nothing to do with the makeup of the economy. If the economy is manufacturing-oriented then you could just as easily have patents on manufacturing methods, manufactured products, etc. And if the patent office granted patents of the same breadth and quality as they do software patents then you would have people with patents on "method of affixing one material to another" running around suing the pants off of anyone who dares to manufacture a product using nails, adhesives, zip ties or rubber bands.

    140. Re:The Chinese... by Plumpaquatsch · · Score: 0

      And while Apple and other such companies waste time and resources in the courts, they can spend theirs on research and innovation.

      Two things: None of those companies spend much time on these trials - thats what they pay lawyers for.And the money they spend is just lump change (not just for Apple).

      --
      Of course news about a fake are Fake News.
    141. Re:The Chinese... by Plumpaquatsch · · Score: 0

      Its a bit difficult to say what the attrition rate would be. Is Chinese military technology good enough to cause harm to significant numbers of F22s?

      Chinese military technology is probably good enough to kill all aircraft carriers, tankers aircrafts and air strips nearby - so why should they bother about F22s who can't reach China?

      --
      Of course news about a fake are Fake News.
    142. Re:The Chinese... by Anonymous Coward · · Score: 0

      When will Americans learn that they cannot pass any laws that are binding on people who are living in other countries, unless they are US citizens? You have no power to enforce your IP, unless it is given to you through a law of the country concerned.

    143. Re:The Chinese... by Anonymous Coward · · Score: 0

      Apple isn't abusing the system, it is playing by the rules of the system. Don't forget, Apple isn't the only company to have patents for smart phones, I do believe they license quite a few from other companies through FRAND. Isn't Motorola taking Apple to court over some of their patents? I guess Motorola's use of the system is heaps different to Apple's, it's not abuse as long as you're not Apple.

    144. Re:The Chinese... by Aryden · · Score: 1

      Funny, I could have sworn bullets didn't distinguish between war and police actions. When you have an enemy trying to kill you, the names given to operations don't mean shit. To a soldier in the field, there is no difference. 2 Grandfathers and a Great-Grandfather fought in WWII. Aside from having served myself, 2 of my brothers have served and 1 is still serving. All of us have done tours. There is not a single one of us that would use the term "police action" to describe what we experienced.

    145. Re:The Chinese... by Anonymous Coward · · Score: 0

      Apple is unethical and shouldn't be tolerated. There, fixed that for you.

  2. What Innovfation? by Anonymous Coward · · Score: 3, Informative

    Xerox created the interface which apple purchased in stock swap, it was not apple's original innovation.

    1. Re:What Innovfation? by 91degrees · · Score: 3, Insightful

      The UI that Apple purchased was nowhere near a complete system. Apple added a lot of improvements of their own. Microsoft clearly copied from Apple, not Xerox.

    2. Re:What Innovfation? by jellomizer · · Score: 4, Informative

      Apple did a lot of work to make their UI as a GUI for consumer level users. Xerox interface was for a limited use. Trying to get it in a system that is under 5k.

      For Example Supercomputers can perform Ray Tracing Animations in real time. For our normal PC we cannot (at least at the same quality). In order to attempt this we take a lot of the ideas and find what to reduce and shortcuts that have the smallest visual effects. So we took an idea and make a new product off of it... Innovation.

      But this is a difference case of Samsung and Apple They are both on the same market, selling a product at around the same price with similar specs. So it more of a case of copying then innovating.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:What Innovfation? by camperslo · · Score: 0, Troll

      Apple did considerable development beyond what they bought. And they didn't steal anything. Apple did offer to license the disputed technology to Samsung, and has always been willing to pay the basic industry standard rates for glue technology.

      The anti-competitive behavior of Microsoft was very damaging to Netscape, Apple, and many others. It is fortunate that Apple recovered. Many others didn't.

      This Harvard writer doesn't seem to be very insightful or even well informed. It also seems that many coming out of business school are severely lacking ethics.
      One thing is for sure, it wasn't business school types that made Apple successful.
      Is this another MS paid blogger? One was exposed posting pro MS revisionist history to the IEEE. It looks like we're being flooded with corporate "free speech".

      http://www.theregister.co.uk/2012/08/17/microsoft_pay_zeldman/

    4. Re:What Innovfation? by Kenja · · Score: 4, Informative

      If you want to get nit-picky about it, Microsoft stole nothing either despite things like the mouse cursor being pixel by pixel the same as Mac OS. Apple inadvertently licensed everything to Microsoft under the pretext of developer tools and office applications. I guess the point is, cant we just agree that they're all jerks?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    5. Re:What Innovfation? by Anonymous Coward · · Score: 0

      Also: remember Visi On.

    6. Re:What Innovfation? by jpmorgan · · Score: 1, Informative

      It's been quite a while since a 'normal' PC couldn't do realtime raytracing. Nobody does it because unless you're going for photorealism, rasterization gives you more bang for your buck.

    7. Re:What Innovfation? by TheDan666 · · Score: 1

      Yes, but they then had a legal right to that innovation. Which is not the same as simply copying it.

    8. Re:What Innovfation? by Anonymous Coward · · Score: 0, Interesting

      Remember the 1997 Microsoft settlement...It was Jobs basically Telling Microsoft that they had to buy $150 million worth of non voting stock otherwise Apple would proceed with a lawsuit about them using Quicktime source code to build MMP and they would also not continue GUI lawsuit appeals and they would cross license code.

      Most people think "Microsoft bailed Apple out" out of the kindness of there hearts....lol
      .

    9. Re:What Innovfation? by UnknowingFool · · Score: 2

      By never licensed, I suppose the million dollars Apple paid Xerox was for nothing.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    10. Re:What Innovfation? by Anonymous Coward · · Score: 2, Informative

      I see you're living up to your user name.

      Apple paid NOTHING. It allowed Xerox the opportunity to buy $1Mil worth of Apple pre-IPO stock. There's a difference, and it's important.

      http://en.wikipedia.org/wiki/History_of_Apple_Inc.#Xerox_PARC_and_the_Lisa

    11. Re:What Innovfation? by Dog-Cow · · Score: 3, Informative

      Stop posting from the future.

      There isn't a PC in existence that can ray-trace a full scene (1920x1080 or better) in anything approaching "realtime" (24fps or better).

    12. Re:What Innovfation? by UnknowingFool · · Score: 1

      In my world, that's called an agreement. Apple got permission from Xerox. Xerox got compensation. Could Xerox gotten cash instead? That doesn't matter. They agreed to stock so that Apple could use whatever they wanted.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    13. Re:What Innovfation? by Anonymous Coward · · Score: 0

      Hopefully, in your world, you're not a lawyer.

    14. Re:What Innovfation? by vakuona · · Score: 2

      Payment can take many forms. Allowing someone priority access to your stock pre-IPOD is worth something. Therefore it is payment.

    15. Re:What Innovfation? by squiggleslash · · Score: 3, Interesting

      Until Windows 95, I'd say that there was very little the two UIs had in common. Even 95 owed more to the Windows 1/2/3.x lineage than Macintosh. And anyone who saw Windows 1.0 (an environment I played around with a lot when I was a teenager) would have wondered if Microsoft ever saw a single Mac.

      What are, seriously, the UI elements that Microsoft took? My answer to that is the same as the Android-iOS thing: nothing of significance was copied: what Apple did was to prove that users were comfortable with a different type of UI, and do so well enough that other manufacturers came in with their own take on things.

      Apple's enthusiasts usually prove this by their enthusiasm: ask them to take an Android phone, and they'll protest, and after finally using it will come to the conclusion (if they're iPhone fans) that the iPhone is superior, and Google doesn't know what it's doing, and that Android is hard to use - or, of course, the complete opposite. What they'll never tell you is that the two devices are equivalent. They'll never say "Meh, just give me the cheapest phone with following specs {...}, they're all pretty much the same."

      This was true in the Macintosh's first era too. Mac users didn't look over at their PC owning friends and remark "Gosh, that Windows thing is exactly like the Mac, just give me the cheapest PC or Mac you can get that runs... {...}", they made a point to note the way they felt the Mac was "superior" which, generally, involved the entire UI being completely different. That the Mac was different ended up being a point of pride as the two platforms went their seperate ways.

      Executive summary? Xerox invented. Apple was bold enough to be inspired by Xerox. Microsoft, Commodore, Digital Research et al were comfortable enough to embrace the idea thanks to Apple making the first step. Copying? Meh, well, DR copied from Apple, there's little doubt about that, but I'd have been surprised if Windows was significantly different from what eventually was released if Microsoft, not Apple, had been the company made the bold step of marketing a completely new idea. Ironically, I suspect one difference is that Windows 1.x probably would have had overlapping windows.

      --
      You are not alone. This is not normal. None of this is normal.
    16. Re:What Innovfation? by UnknowingFool · · Score: 1
      It's called consideration in English law. I take it that you are not a lawyer.

      Consideration can be anything of value (such as an item or service), which each party to a legally binding contract must agree to exchange if the contract is to be valid.

      Apple offered the chance to buy pre-IPO stock (worth far more than the million Xerox paid when they sold it) in exchange for the right to use anything from PARC. Xerox accepted, bought the shares, and sold them later. Again Xerox could have asked for anything but they agreed to the stock.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    17. Re:What Innovfation? by VortexCortex · · Score: 1

      There isn't a PC in existence that can ray-trace a full scene (1920x1080 or better) in anything approaching "realtime" (24fps or better).

      I guess it depends on how far you're willing to stretch the personal or computer in PC. I.e. what if you own a super computer? What if OnLive fires up a Beowulf Cluster for Doom4?

    18. Re:What Innovfation? by camperslo · · Score: 0

      If you want to get nit-picky about it, Microsoft stole nothing either...

      Stolen Quicktime code was found in Video For Windows, the apparent fix for inferior performance in the previous version. Apple had previously refused to license that code. As mentioned in the other posting, the investment of $150 million in Apple stock, removal of the Apple code, agreement guaranteeing continued updates to office, and Apple continuing to include Explorer for a short time were the major components of the out of court settlement reached.
      Involving a third party in getting the code doesn't excuse using stolen code.

      The earlier issues went beyond the look of an icon. The functional behavior of multiple windows was a major issue that I recall.

      From
      http://www.roughlydrafted.com/RD/RDM.Tech.Q1.07/5F0C866C-6DDF-4A9A-9515-531B0CA0C29C.html

      "QuickTime for Windows vs QuickTime for Video for Windows
      Apple brought QuickTime to Windows by simply porting large chunks of the Macintosh's native drawing system. QuickTime performance on Windows was vastly better than Microsoft's Video for Windows because Apple bypassed the GDI Windows graphics subsystem.

      Microsoft and Intel were both shocked to find that Apple could deliver smooth video on the PC that was beyond what either company had imagined to be possible. When Microsoft requested a free license for QuickTime for Windows in 1993, Apple refused.

      Meanwhile, Intel wanted to accelerate Microsoft's Video for Windows in hardware. It approached Apple's partner Canyon to develop a video driver that would provide similar performance to QuickTime.

      While knowing that Canyon possessed Apple's code, Intel did not specify that Canyon needed to do clean room development, and gave the company an unrealistically short timeframe to develop the code.

      As expected, Canyon simply delivered Apple's code to Intel, which then licensed it to Microsoft. When Video for Windows suddenly improved in 1994, Apple investigated and found that Microsoft had simply stolen code from QuickTime in order to compete with QuickTime.

      Apple sued and won an injunction that stopped Microsoft from distributing portions of the stolen code, and the case was eventually resolved as part of the 1997 agreement between the two companies."

      Going to the Apple partner that had the Apple source code and ending up with it was not legitimate Windows innovation.

    19. Re:What Innovfation? by Anonymous Coward · · Score: 0

      No, it was to keep a "competitor" around.

    20. Re:What Innovfation? by pieisgood · · Score: 1

      Not true. Try asking boeing how they run their realtime models of their 787. (Hint: it's raytracing.... and not on a super computer).

      --
      Eat sleep die
    21. Re:What Innovfation? by strength_of_10_men · · Score: 1

      I think what the AC is referring to is your phrasing of the deal as Apply "paying" Xerox $1 million when that's technically not what happened.

    22. Re:What Innovfation? by Compaqt · · Score: 1

      Regardless of whether Apple gave Xerox stock, Xerox has a different idea of exactly what they authorized Apple to do:

      http://www.cultofmac.com/602/apple-sued-for-ripping-off-xerox-alto-gui/

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    23. Re:What Innovfation? by jpmorgan · · Score: 1

      1920 x 1080 x 24fps is 50 million pixels per second. Recent CPUs from Intel top 100GFlops, which is 2000flop/pixel, and recent GPUs from NVidia are topping out around 4000Gflops, or 80,000 flop/pixel.

      Throw in enough geometry and you can cause problems, but that's more than enough horsepower to draw a simple scene in realtime.

    24. Re:What Innovfation? by UnknowingFool · · Score: 1

      And the AC said Apple never licensed it. Apple paid Xerox for the right to use. I was wrong about the payment terms. But Xerox was paid. The payment was the chance at pre-IPO stock not the nominal values of the shares at purchase. In terms of final value it's rumored thst Xerox sold the stock for $16 M. So if they want to be technical, Xerox got $15M for their end.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    25. Re:What Innovfation? by cheesybagel · · Score: 1

      You are wrong. It can be done in real-time in current hardware even if you only use the CPU. There will be tradeoffs involved like adaptive supersampling, pinhole cameras, simplified lighting models, but it can be done.

    26. Re:What Innovfation? by Anonymous Coward · · Score: 0

      Intel demos a PC at Sigraph 3 years ago that came close.....and there are more than a few Fermi PC systems that go close to 10 or 12 with global Illumination. It's not that far off, Vray, iray and Final Render are all interactive Raytracers when run on good GPU's.

    27. Re:What Innovfation? by Anonymous Coward · · Score: 1

      And you think Apple should not/don't deserve some kind of recognition (monetary or otherwise) for it? Seriously, whatever we may say about the patent systems and whether Apple may/may not have innovated anything, the fact that they were the first that came out with a package (derivative and combination of already invented technology) that just works and made a new market out of where many have tried and failed in the pass and having said market just leeched upon by other companies without any sort of recognition is just wrong. Especially hurtful when some of them are your business partner.

      It's similar back in the Macintosh era with windows. Apple did not invent the technology, but they were the first to put together something consumerable which is a derivative and combination of technology invented elsewhere and made it into a successful consumer product. The rest just copied and tweaked. I would think some recognition is due. What or how the recognition is given is entirely up for debate.

      I do agree this lawsuit is ridiculous though.

    28. Re:What Innovfation? by kenboldt · · Score: 1

      So I assume you missed the article about Apple becoming the most valuable company in history. It what way are they lacking recognition? In what way are they suffering monetarily? If no other competition existed, would they be making even more money? sure, most likely, but it isn't like they are being put out of business because others are following their footsteps. The market is big enough for many, and growing.

      What I don't understand is why Apple feels that it is entitled to exclusive rights to things that should NOT be patentable. A rectangle with rounded corners? a wedge shaped laptop? Slide to unlock? None of these warrant a patent. None of these should have any sort of exclusivity attached to them. It's insanity not only that they have been actually awarded such ludicrous patents, but also that people think that they are legitimate in any way shape or form.

      You should have copyright on your exact software code so that it can't be copied word for word, you should be able to patent your SPECIFIC hardware design. You should be able to patent your SPECIFIC inventions (and I mean ACTUAL inventions, not, we took something that has been done, and we made it look pretty), but you shouldn't be awarded a patent on simple and vague ideas, and that goes for all companies, not just Apple. Things like attaching photos to emails, or other ridiculous patents that sound like an article in the Onion, unfortunately it is reality, not satire. Patents were meant to allow people to make money from their genuinely new inventions. They weren't meant to allow people to make money because they thought that hey, wouldn't it be great if you could use your fingers as fingers and point at things? Patent the heck out of the hardware that you design if it's new. Patent the heck out of the process required to physically put that hardware together. But no, you shouldn't get a patent on the idea of pushing something with your finger on a screen or the fact that your screen is a rectangle and that it is surrounded with a black bezel, like, oh, I don't know, every single flipping flat screen monitor and tv that ever hit the market before the iPhone or iPad were even considered!

      [/nearly incoherent rant]

    29. Re:What Innovfation? by 91degrees · · Score: 1

      Xerox's window system didn't let applications draw in obscured windows. Apple's did. Microsofts used pretty much the same solution. Apple invented the concept of drag and drop, the idea that windows could be dragged by the title bar, pull down menus and the clipboard. This is just a selection.

      X, Windows, BeOS, AmigaOS, Iris and others got these concepts from Apple. Not Xerox.

      And this is a good thing. We don't want to reinvent the wheel.

    30. Re:What Innovfation? by Anonymous Coward · · Score: 0

      There isn't a PC in existence that can ray-trace a full scene (1920x1080 or better) in anything approaching "realtime" (24fps or better).

      And in case there is, just increase your resolution and/or refresh rate up to the next absurd level. Back in the day we used to play DOOM at 320x200, 8bpp and 15 fps, AND WE LIKED IT!.

      Now get out of my lawn.

    31. Re:What Innovfation? by thegarbz · · Score: 1

      I guess it depends on how far you're willing to stretch the personal or computer in PC. I.e. what if you own a super computer? What if OnLive fires up a Beowulf Cluster for Doom4?

      They'll take their one client, go bankrupt serving the game for them, fire everyone and perform a hostile takeover of themselves?

    32. Re:What Innovfation? by Anonymous Coward · · Score: 0

      I couldn't have said this any better, even though I have tried. Great explanation!!!

    33. Re:What Innovfation? by Anonymous Coward · · Score: 0

      Not even my TRS-80 Model 3? Damnit!

  3. Patent System Broken by Concern · · Score: 4, Insightful

    Obviously the patent squabbles in these cases are ridiculous - the only reason we have functioning high-tech industry in the US is that most companies are not like Apple, and do not use patents offernsively.

    It's a good time to review the reasons why, for example, software patents do not work, and can never be made to work:

    http://en.swpat.org/wiki/Why_abolish_software_patents

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    1. Re:Patent System Broken by kelemvor4 · · Score: 5, Insightful

      I think many companies have become like Apple. In my opinion the function of the high tech industry is attributable to the lack of ubiquitous software patent practices in the past. Now days, you have to watch out for patent landmines for even obvious features in a piece of software. I don't have any specific articles to link on the subject because I am lazy, but how can the patents serve to do anything but hinder progress? I just don't understand at all how companies could even try to argue the opposite.

    2. Re:Patent System Broken by Anonymous Coward · · Score: 0

      It's a good time to review the reasons, for example, software patents do not work, and can never be made to work

      Ah that better (takes grammar nazi hat off).

    3. Re:Patent System Broken by Anonymous Coward · · Score: 0

      "That's."

      You're a miserable excuse for a grammar nazi!

    4. Re:Patent System Broken by jekewa · · Score: 3, Interesting

      Agreed. Here's the obligatory TED link, with an interesting view on how the lack of patents, and an obvious and accepted pattern (pun intended) of copying has made the industry huge.

      http://www.ted.com/talks/lang/en/johanna_blakley_lessons_from_fashion_s_free_culture.html

      --
      End the FUD
    5. Re:Patent System Broken by tgd · · Score: 1

      Obviously the patent squabbles in these cases are ridiculous - the only reason we have functioning high-tech industry in the US is that most companies are not like Apple, and do not use patents offernsively.

      It's a good time to review the reasons why, for example, software patents do not work, and can never be made to work:

      http://en.swpat.org/wiki/Why_abolish_software_patents

      Actually, offensive use of patents has been the norm for over two centuries. Its a trend that you hear about now because its new in software technology, and you're clearly either in technology or interested in software technology.

      The *only* unique thing about patents relative to software is that the industry got as big as it did before patent trolling and offensive litigation became so common. It was the norm in virtually every vertical space involved with the industrial revolution going back to the founding of the US, and was typically immediate to the arising of a new vertical.

    6. Re:Patent System Broken by Chillburger · · Score: 2

      Developing software, like any product, is a very time consuming and expensive effort. What incentive does a company have in developing a product if it will be copied out of the gate?

    7. Re:Patent System Broken by Darinbob · · Score: 1

      The problem with patents is bigger now because technology is changing so quickly. One hundred years ago you could wait until a patent expires and then make a fortune by building the same product more cheaply. The idea of patents was to make the idea well known instead of keeping ideas secret, and competitors could build on the ideas of others.

    8. Re:Patent System Broken by Concern · · Score: 2

      Of course offensive patent use has been the norm for centuries. The sky is also blue. Why the non-sequitir? Patent use in general has no relevance to this conversation. We're also not discussing patents on mathematical equations - which SCOTUS have held are actually unpatentable. By the way, all software is a subtype of mathematical equation - proving that they don't teach Turing-Church well enough in school, or at least in law school. :)

      You seem to imply there is some sane way to apply patents to software, when there obviously is not. The link I already provided catalogues the various reasons for this. It's quite extensive. You should have a look and start your counter-argument from there, if you like.

      Or you can save yourself the trouble. You cannot even show that a majority of software businesses, or even a majority of software patent holders, make offensive use of software patents. Not only because it is not true (only a small minority do), but because no one could produce software otherwise. Paradox.

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    9. Re:Patent System Broken by Anonymous Coward · · Score: 0

      I think companies tend to avoid mentioning that it hinders progress, because that exact system is either a) their biggest cash cow, or b) their biggest defense against companies who use it as their cash cow.

    10. Re:Patent System Broken by Compaqt · · Score: 0

      By "developing a product" you mean adding a gradient and rounding the edges of an icon?

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    11. Re:Patent System Broken by LateArthurDent · · Score: 1

      Developing software, like any product, is a very time consuming and expensive effort. What incentive does a company have in developing a product if it will be copied out of the gate?

      What alternative do they have? If they don't develop a product, they've got nothing to sell.

      It takes time to copy other people's work. If you're the one who developed it, you're ahead. By the time they come out with the copycat product, you've learned more about the subject and are doing it better. Unless you're stagnating because you've been hiding behind a patent and your strategy is to scream, "don't do that! I did it first!"

    12. Re:Patent System Broken by Anonymous Coward · · Score: 0

      >the only reason we have functioning high-tech industry in the US is that most companies are not like Apple, and do not use patents offernsively.

      Or Microsoft which has successfully (albeit less noisily) used patents offensively against Android manufacturers and extracted
      a pound of flesh per device.

      For some reason that flies under the radar more, I guess because people don't really know the exact details of these settlements.

    13. Re:Patent System Broken by Jonner · · Score: 1

      Obviously the patent squabbles in these cases are ridiculous - the only reason we have functioning high-tech industry in the US is that most companies are not like Apple, and do not use patents offernsively.

      It's a good time to review the reasons why, for example, software patents do not work, and can never be made to work:

      http://en.swpat.org/wiki/Why_abolish_software_patents

      Software patents clearly do more harm than good. An additional area of bad patent law I learned about as a result of this case are for visual design. I'd like to how any rational person could defend the idea that being able to prevent competitors from making similar-looking things promotes innovation unless they're being paid to do so. Any appropriate protection of design can be accomplished by copyrights and trademarks, though those are often abused as well.

    14. Re:Patent System Broken by cheesybagel · · Score: 1

      It seemed to work just fine in the past. Don't know why you think adding patents will fix what wasn't broken in the first place. Copyright is enough for software.

    15. Re:Patent System Broken by Chillburger · · Score: 1

      Apple aside, doesn't that present a pretty big problem when you have a smaller company going up against a larger one? How can a smaller company compete when their project can be easily reverse engineered by a large corporation? Don't they need some kind of safety net, or otherwise they would be too afraid to bring the product to bear.

    16. Re:Patent System Broken by Chillburger · · Score: 1

      Yeah, but we live in a pretty different age. A large company has pretty vast resources to quickly reverse engineer a product, which will can destroy incentive for other companies to invest into a new technology. I guess in a purely capitalistic society, that would work, but that is not the world we live in.

    17. Re:Patent System Broken by shilly · · Score: 1

      The obvious alternative is to developing a product is to wait, as you go on to say. In doing so, you lose time but save money (the development costs). But if everybody waits....the market slows down. Hence IP. Honestly, this is not that tricky to understand!

  4. It isn't very easy to tell an original from a copy by G3ckoG33k · · Score: 2

    It isn't very easy to tell an original from a copy, as this poor reporter found out (too late):

        http://www.youtube.com/watch?v=789he-8T_-E

    The object in that video looks like it was copied from something with rounded corners. Could it be an Apple copy of something? Don't know. Still. As always. I prefer the original.

  5. Apple Did stop Innovating. by Anonymous Coward · · Score: 5, Insightful

    This isn't true. Apple DID stop innovating. You missed the section of time where Apple was minutes from bankrupt before Jobs came back with a load of money.

    1. Re:Apple Did stop Innovating. by Anonymous Coward · · Score: 1, Insightful

      You missed the section of time where Apple was minutes from bankrupt before Jobs came back with a load of money.

      I certainly did. Care to cite some sources? I'll start you out with a direct link to Apple's quarterly filings, and you can start supporting your facts from there.

    2. Re:Apple Did stop Innovating. by phantomfive · · Score: 3, Interesting

      They were in the same situation RIMM has now. Plenty of money in the bank, but an open question of whether it's worth it to keep trying, or better to break up the company and sell off the pieces.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Apple Did stop Innovating. by CAIMLAS · · Score: 1

      Or the last 3 versions of the iPhone, and the last decade of MacOS?

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    4. Re:Apple Did stop Innovating. by Anonymous Coward · · Score: 0

      ^ Warning, above link contains "Enron-style accounting" if you go back far enough.

      Check the WSJ from that time period, Apple's cash situation was much more dire than it looked on paper. One of the major things Steve Jobs did was clean up Apple's financial affairs.

    5. Re:Apple Did stop Innovating. by Anonymous Coward · · Score: 0

      Apple did not stop innovating. They could not get Copland, Pink, Taligent, and other stuff to work in the real world or cancelled Star Trek after they got it working.

    6. Re:Apple Did stop Innovating. by jedidiah · · Score: 1

      > Or the last 3 versions of the iPhone, and the last decade of MacOS?

      Apple's non-computing products are somewhat interesting in this regard.

      Apple's computing products are just rehashes of other older stuff like BSD, Mach, and OpenStep. If anything they are a good example of "remixing".

      Even Apple's more "innovative" products are good examples of remixing. They take other people's stuff and tweak it. Even the original version of MacOS fits that description well.

      The problem is that Apple has lost sight of that. They have ceased to be the rebellious teenager and are now suffering from middle age and acting accordingly.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Apple Did stop Innovating. by Vintermann · · Score: 1

      On the OS side at least, Apple hardly innovated at all until OSX (and you could argue how innovative that was). MacOS pre-10 was an awful operating system - poor to non-existent memory protection, no pre-emptive multitasking, poor memory management and significant trouble with memory fragmentation. It was far behind its competitors (and they weren't exactly stellar either).

      --
      xkcd is not in the sudoers file. This incident will be reported.
  6. Obligatory by Anonymous Coward · · Score: 0

    iCare

  7. ... and Apple copied on Xerox by Anonymous Coward · · Score: 0

    ... and Apple copied on Xerox

  8. Yeah they did stop innovating by cpu6502 · · Score: 1, Interesting

    After Apple lost the "Microsoft coppied our GUI" case, their desktop GUI remained unchanged for 10 years. System 7 through 9 were basically identical..... they couldn't even multitask properly (used cooperative multitasking which led to misbehaving programs refusing to give-up the CPU & freezing the system). Apple said they would stop innovating their GUI if competitors simply copied their ideas, and that's essentially what happened.

    --
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    1. Re:Yeah they did stop innovating by PuckSR · · Score: 5, Insightful

      Yes, and other people stepped up to innovate. Apple doesn't have some magical innovation juice. They are just a company. If they want to get lazy, then talent will move elsewhere. You mentioned "multi-tasking", but that would have been something that required talented and competent engineers, not innovators. Innovation is something you come up with while half-drunk. Everyone understood how multi-tasking was supposed to work, it was just a matter of "making it work". Apple innovated in the same way that George Selden innovated(the patent holder to the automobile). He didn't exactly create the greatest car in the world, he just had the idea for a car. Henry Ford developed some of the greatest ideas in automotive history, but he did it all while violating Selden's patent.

    2. Re:Yeah they did stop innovating by jeffmeden · · Score: 5, Insightful

      After Apple lost the "Microsoft coppied our GUI" case, their desktop GUI remained unchanged for 10 years. System 7 through 9 were basically identical..... they couldn't even multitask properly (used cooperative multitasking which led to misbehaving programs refusing to give-up the CPU & freezing the system). Apple said they would stop innovating their GUI if competitors simply copied their ideas, and that's essentially what happened.

      There are two premises in play here; one is that if Apple's IP is not protected that they would choose not to innovate (perhaps so that they can take their ball and go home) and the other is that if their IP is not protected that they are at a competitive financial disadvantage and can no longer innovate since there is no revenue coming in. In the past, it could be argued that Apple was indeed at disadvantage because they lost to Microsoft and therefore had poor sales revenue, and that is what stunted their innovation because they kept creating the same lousy desktop experience over and over. However at this point Apple has more than enough money to innovate to any degree imaginable, so any "missing innovation" would be due solely to their will to restrain themselves.

    3. Re:Yeah they did stop innovating by macs4all · · Score: 2, Insightful

      After Apple lost the "Microsoft coppied our GUI" case, their desktop GUI remained unchanged for 10 years. System 7 through 9 were basically identical..... they couldn't even multitask properly (used cooperative multitasking which led to misbehaving programs refusing to give-up the CPU & freezing the system). Apple said they would stop innovating their GUI if competitors simply copied their ideas, and that's essentially what happened.

      The GUI look-and-feel that has more-or-less been unchanged since MacOS System 1.0, even through OS X, is not a sign of lack-of-innovation. Rather it is part of the consistency that makes users happy.

      The LAST thing users want is change in the look-and-feel of their computer's OS.

      This is what Apple has always understood, and what Microsoft is about to (doubtfully) learn with Metro.

      The instabilities of MacOS are greatly over reported. I have been using Macs since they were Lisas, and crashes of my Macs were always much less often than the Windows 3.1, 95 and 98 systems I administered and used as well.

      And all the time you complain about "no innovation" as far as "stability" goes under MacOS (Classic), remember that a BSOD on a Windows system was every bit as catastrophic (entire system was taken down) as on Macs of the day, and it took MS until XP SP2 before they got their BSOD problem under control. By that time (what was that, like 2003 for XP SP2?), Apple was already shipping OS X 10.3 (Panther), which was 100% stable. In fact, I have used OS X since 10.0.0, and I have only had TWO Kernel Panics. One was in 2001, caused by a sketchy third-party scanner driver that was obviously playing around too deep in the Kernel; and the second was in 2005, when I purchased some incorrectly-spec'ed RAM.

      I say it's pretty good when Kernel Panics are so infrequent that you can remember each of the system-wide OS failures in over a decade of use.

    4. Re:Yeah they did stop innovating by PPH · · Score: 1

      Apple said they would stop innovating their GUI if competitors simply copied their ideas, and that's essentially what happened.

      IIRC, that was the era of Sculley, Amelio and a few others not worthy of recollection. Just the sorts of people that would expect a higher ROI from their legal departments instead of R&D.

      --
      Have gnu, will travel.
    5. Re:Yeah they did stop innovating by Anonymous Coward · · Score: 0

      That had a lot more to do with their innovator leaving than with Microsoft copying them. System 8 was also a renumbering of System 7 done by Jobs to cut out every clone manufacturer who only had licenses to sell System 7 systems.

      1984 Macintosh is released
      1985 Steve jobs leaves
      1998 System 6
      1991 System 7
      1997 System 8, Steve Jobs returns
      1998 iMac
      1999 System 9
      2001 OS X

    6. Re:Yeah they did stop innovating by __aaqvdr516 · · Score: 5, Interesting

      How can something be 100% stable and have 2 kernel panics?

      If you exclude "sketchy third-party" drivers, you could knock every BSOD that I've experienced with Windows off the table.

      With Gnome taking a bit of a dive, Unity a bit on the rise, and Metro just starting out, these are certainly interesting times. Just grab some popcorn and see what happens.

    7. Re:Yeah they did stop innovating by Anonymous Coward · · Score: 0

      Wait. I didn't get the point. Apple intentionally stopped innovating because they lost the lawsuit? Or the losing the suit kept them from innovating? They were protesting for 10 years by not innovating their product so they can go bankrupt to show the government that they should have won the case? Is that what you were saying?

    8. Re:Yeah they did stop innovating by Anonymous Coward · · Score: 0

      But wasn't the GUI developed originally by Xerox and Apple either copped the concept or licensed it from Xerox.

    9. Re:Yeah they did stop innovating by ColdWetDog · · Score: 2

      I say it's pretty good when Kernel Panics are so infrequent that you can remember each of the system-wide OS failures in over a decade of use.

      An issue with selective memory perhaps?

      705,000 hits for "Kernel Panic OS X"

      --
      Faster! Faster! Faster would be better!
    10. Re:Yeah they did stop innovating by CAIMLAS · · Score: 1

      Same for MacOS X. It can't context switch for shit, which is even more apparent on a modern multicore system. They've changed the "look and feel" a dozen times, it seems, but nothing substantive (except for this latest iteration, which everyone apparently hates).

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    11. Re:Yeah they did stop innovating by CAIMLAS · · Score: 3, Informative

      . In the past, it could be argued that Apple was indeed at disadvantage because they lost to Microsoft and therefore had poor sales revenue, and that is what stunted their innovation because they kept creating the same lousy desktop experience over and over.

      Then why was Microsoft's revenue not stunted by copying their crappy innovation? Even in the 3.1 days, Windows was preferable over a Mac by most.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    12. Re:Yeah they did stop innovating by IntlHarvester · · Score: 1

      The GUI look-and-feel that has more-or-less been unchanged since MacOS System 1.0, even through OS X, is not a sign of lack-of-innovation. Rather it is part of the consistency that makes users happy.

      Naw, its true the the classic Mac GUI completely stagnated after System 7. Most of the additions were simply bolting on various popular freeware/shareware hacks such as 'window shades'. It was pretty clear that nobody had really thought through how various tasks should work; for example there was a toolbar which allowed you to turn off networking with one click, but it took two clicks to switch applications with the menu. Likewise, you had the Apple Menu functioning as a launcher, but adding programs to it was like four step process.

      One of the nice things about OS X is that Apple is no longer wedded "how it's always worked" and have actually done quite a great job of filing off the sharp edges of the old Mac experience. For example, Expose. Or that some people actually want "maximized" (full screen) applications. Or that an app with no open windows should automatically quit.

      --
      Business. Numbers. Money. People. Computer World.
    13. Re:Yeah they did stop innovating by guttentag · · Score: 4, Insightful

      Yes, and other people stepped up to innovate.

      OK, you're going to need to qualify that statement. The Microsoft/Apple user interface case in question was decided in September 1994, and Steve Jobs returned in December 1996 and started pushing innovation in the UI again. So which companies exactly are you claiming "stepped up to innovate" between those dates as a result of Apple's stagnation in the UI?

      In theory, there should be others to step in and innovate, but in practice that's simply not what happened. The most innovative UI feature introduced in that timeframe was the Windows Start Button. The only other thing I could think of would be BeOS, which had been in development since 1991, but they didn't suddenly "step up" because there was a void in '94.

    14. Re:Yeah they did stop innovating by Amouth · · Score: 1

      You do realize that on NT a BSOD is a driver hardware interface failure, either the hardware faulted (like bad memory) or the device driver faulted. Now go back and categorize all the BSOD you have had and what driver/hardware failed, then remember that MS made virtually none of the hardware for the PC's and that they also did NOT write most of the drivers used in PC's. When vendor makes a device they write the driver, MS only ever wrote generics that were very limited in scope and where extremely stable.

      One of the major reasons Mac's where viewed as more stable is that they had a very small scope of hardware they had to work with, and that also meant a very small scope of hardware they could work with, which limited their usefulness.

      I don't blame MS for any of the BSOD's I've seen, in fact i like that they give you the mini dump on the screen so you can identify the culprit, rather than getting a damn "sad mac" face.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    15. Re:Yeah they did stop innovating by Phroggy · · Score: 1

      After Apple lost the "Microsoft coppied our GUI" case, their desktop GUI remained unchanged for 10 years. System 7 through 9 were basically identical..... they couldn't even multitask properly (used cooperative multitasking which led to misbehaving programs refusing to give-up the CPU & freezing the system). Apple said they would stop innovating their GUI if competitors simply copied their ideas, and that's essentially what happened.

      You're forgetting a couple of very important details. Apple tried to fix the under-the-hood stuff, including preemptive multitasking, but just couldn't pull it off. Classic Mac OS was a pretty decent code base for what it did, but they needed it to do things it was never designed for, and the project to revamp it (code-named "Copland") was a failure.

      After scrapping the Copland project, Apple realized that classic Mac OS was a dead end, and they started shopping around for other operating systems they could buy. They were looking seriously at Be before settling on NeXT. Along with NeXT came Steve Jobs, who took over the company, replaced the board of directors, created the iMac, bought iTunes, created the iPod, borrowed KHTML to develop WebKit, etc. etc.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    16. Re:Yeah they did stop innovating by rtfa-troll · · Score: 1

      So which companies exactly are you claiming "stepped up to innovate" between those dates as a result of Apple's stagnation in the UI?

      I remember this small company doing innovative object oriented GUIs around that time. Xent or Tenex or someting. Maybe Next? They had these kind of Unix based workstatons. Can't remember who was the boss though.

      Apart from that; this is the time when things like FVWM started up and made things like virtual desktops practical ideas that eventually made their way back to even systems such as Apples.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    17. Re:Yeah they did stop innovating by Anonymous Coward · · Score: 0

      Macs were never Lisas they were two completely different machines. The Lisa you used was the one rebranded a Macintosh XL in the hope it would sell.

    18. Re:Yeah they did stop innovating by JonWan · · Score: 1

      705,000 hits for "Kernel Panic OS X"

      I don't think that means what you think it does.

      About 2,060,000 hits for "Kernel Panics Linux"

      That is meaningless.......

    19. Re:Yeah they did stop innovating by aristotle-dude · · Score: 1

      Same for MacOS X. It can't context switch for shit, which is even more apparent on a modern multicore system. They've changed the "look and feel" a dozen times, it seems, but nothing substantive (except for this latest iteration, which everyone apparently hates).

      Do you actually believe the crap you write?
      http://en.wikipedia.org/wiki/Mac_OS_X_v10.2 - introduced http://en.wikipedia.org/wiki/Quartz_Compositor a GPU based compositor long before Vista as well as Bonjour http://en.wikipedia.org/wiki/Bonjour_(software) and a Journaled file system.

      http://en.wikipedia.org/wiki/Mac_OS_X_Panther introduced http://en.wikipedia.org/wiki/FileVault and http://en.wikipedia.org/wiki/IChat_AV as well as Expose and other UI changes.

      http://en.wikipedia.org/wiki/Mac_OS_X_Tiger introduced Core Image, http://en.wikipedia.org/wiki/Core_Image Core Video, http://en.wikipedia.org/wiki/Core_Video Core Data, http://en.wikipedia.org/wiki/Core_Data and http://en.wikipedia.org/wiki/Core_Audio APIs and launchd http://en.wikipedia.org/wiki/Launchd

      http://en.wikipedia.org/wiki/Mac_OS_X_Leopard introduced Time Machine, http://en.wikipedia.org/wiki/Time_Machine_(Apple_software) Spotlight, http://en.wikipedia.org/wiki/Spotlight_(software) and the Core Animation API http://en.wikipedia.org/wiki/Core_Animation

      http://en.wikipedia.org/wiki/Mac_OS_X_Snow_Leopard introduced Grand Central Dispatch http://en.wikipedia.org/wiki/Grand_Central_Dispatch and http://en.wikipedia.org/wiki/OpenCL

      http://en.wikipedia.org/wiki/Mac_OS_X_Lion introduced the ability to buy "Server" as an addon.

      http://en.wikipedia.org/wiki/OS_X_Mountain_Lion introduced Gatekeeper http://en.wikipedia.org/wiki/Gatekeeper_(OS_X)

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    20. Re:Yeah they did stop innovating by macs4all · · Score: 1

      How can something be 100% stable and have 2 kernel panics?

      First off, I'm not sure I said 100% stable.

      Second, two KPs in almost 13 years is pretty damned few.

      Third, one of those two KPs was due to incorrectly-spec'ed RAM on my (or Corsair's) part.

      Good for you. I have had Windows crash MANY times "just because". In my experience, it doesn't always have to be a third-party driver with Windows. Af least not before Windows XP SP2. I haven't seen a BSOD or RSOD since then. But neither have I seen a KP on OS X...

    21. Re:Yeah they did stop innovating by nine-times · · Score: 1

      remember that a BSOD on a Windows system was every bit as catastrophic (entire system was taken down) as on Macs of the day, and it took MS until XP SP2 before they got their BSOD problem under control.

      As someone who supported Windows and Mac computers for businesses in the late 90s and early 2000s, Windows NT4 and 2000 were generally superior to MacOS at the time. On a well managed system, BSOD happened, but not very often, and anyway that's not the only grounds to compare them.

      Macs had lots of problems at the time. Security was virtually non-existent. You had to constantly futz with virtual memory, changing settings depending on which application you were running. Sometimes managing virtual memory was trial and error, just changing the settings and praying to the computer gods that things would work. Preference files would constantly get corrupted, mysteriously, causing applications to crash. Meanwhile Windows offered a relatively secure and stable multi-user system with real network authentication. The driver support wasn't always great, but if you got well-supported hardware, setup wasn't too bad and the system ran smoothly.

    22. Re:Yeah they did stop innovating by macs4all · · Score: 1

      I say it's pretty good when Kernel Panics are so infrequent that you can remember each of the system-wide OS failures in over a decade of use.

      An issue with selective memory perhaps?

      705,000 hits for "Kernel Panic OS X"

      No selective memory. On OS X from 10.0.0 to 10.5.8 (I have no Intel Macs) I have PERSONALLY run the following hardware: 350 MHz Slot Load iMac, 300 MHz Clamshell iBook, 500 MHz Dual USB iBook, 1.8 GHz DP G5 tower (what I am writing this post on), and a 1.42 GHz eMac. Out of all of those systems, and all of those versions of OS X, I have received the following KPs:

      Once on the iMac, due to the "sketchy scanner driver" I mentioned previously.

      Once on the G5 tower (right after I got it and stuffed some badly-spec'ed RAM in it).

      Other than that, I can't think of a single time I've PERSONALLY had a KP on either my Macs, or the half dozen or so that I "support" for friends and paying clients.

    23. Re:Yeah they did stop innovating by macs4all · · Score: 0

      Oh, right. Because THIS is so much more informative to even experienced Windows USERS than THIS is to even experienced Mac users.

      Both error messages sucked. I'm just saying I have seen a LOT more BSODs than "Bombs", but the inverse is true of the number-of-hours logged on each of the platforms.

      And it is a myth about Macs having very little hardware differences. Even within models, production revs often brought hardware changes. True, it isn't like every fly-by-night making a Winmodem card; but there is actually a lot more variation in Mac hardware than you would think.

    24. Re:Yeah they did stop innovating by macs4all · · Score: 1

      Macs were never Lisas they were two completely different machines. The Lisa you used was the one rebranded a Macintosh XL in the hope it would sell.

      Lighten up. I was making a joke on myself, on how long I've been using Apple GUI-based computers. The place I worked for at the time (1983) actually did have a Lisa that was rebranded a Macintosh XL, as did a friend of mine. So I know all about that history, thanks.

    25. Re:Yeah they did stop innovating by Darinbob · · Score: 1

      The problem with mutlitasking on Apple is that they'd have to rebuild much of the OS to get it to work and many applications themselves would need either rewriting or a compatibility layer. Early Windows had problems here because it was just supposed to be a GUI layer on top of DOS without attempting to be a real OS. Both Apple and Microsoft were really backwards here because they focused so much on the "home" market. Of course both did better designs in the professional offerings, Windows NT and earlier the Apple Lisa.

      As far as knowing how multitasking and getting it to work, it was already working perfectly well it was just ignored. The Xerox systems that MS and Apple copied were multitasking systems, Unix had multitasking in the 70s, all the early mainframe and mini systems were multitasking, everyone did it that way except in the late 70s when the hobbyist and home microcomputers showed up. The irony is that these incredibly badly designed systems are what evolved into modern computer and that it took them so long to learn from the older systems.

    26. Re:Yeah they did stop innovating by macs4all · · Score: 1

      remember that a BSOD on a Windows system was every bit as catastrophic (entire system was taken down) as on Macs of the day, and it took MS until XP SP2 before they got their BSOD problem under control.

      As someone who supported Windows and Mac computers for businesses in the late 90s and early 2000s, Windows NT4 and 2000 were generally superior to MacOS at the time. On a well managed system, BSOD happened, but not very often, and anyway that's not the only grounds to compare them.

      Macs had lots of problems at the time. Security was virtually non-existent. You had to constantly futz with virtual memory, changing settings depending on which application you were running. Sometimes managing virtual memory was trial and error, just changing the settings and praying to the computer gods that things would work. Preference files would constantly get corrupted, mysteriously, causing applications to crash. Meanwhile Windows offered a relatively secure and stable multi-user system with real network authentication. The driver support wasn't always great, but if you got well-supported hardware, setup wasn't too bad and the system ran smoothly.

      Neither platform was the model of stability in those days.

      However, you show your ignorance of MacOS when you use the term "Virtual Memory" in the context of MacOS. MacOS had no Virtual Memory system, per se. What you were adjusting with the Application Memory Size was primarily the Heap Space that was allowed, since the system wouldn't crash on loading Program Segments; but didn't take kindly to suddenly running out of heap/stack space.

      As for security settings; you're right. Windows NT, coming from the designer of Vax VMS (IIRC), most certainly had a much more "enterprise-y" security bent. But I worked for a consultancy that managed dozens, if not hundreds, of Macs in university settings, and they had zero problems getting the Macs to work in those environments, or with the security of same. And some of these systems were in fairly sensitive applications, too. Never heard of a single security problem with the Macs. Just an anecdote, I know; but that's all you were offering as "proof", yourself.

    27. Re:Yeah they did stop innovating by Amouth · · Score: 1

      You cherry picked with the bomb, a comparable error screen would be

      http://en.wikipedia.org/wiki/File:Sad_mac.png

      Only place i ever saw a table for what the codes meant was in the someones mac bible, and yes there was variation in the mac's but they still had complete control and had the option/opportunity/ability to test and verify every configuration.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    28. Re:Yeah they did stop innovating by macs4all · · Score: 1

      You cherry picked with the bomb, a comparable error screen would be

      http://en.wikipedia.org/wiki/File:Sad_mac.png

      Only place i ever saw a table for what the codes meant was in the someones mac bible, and yes there was variation in the mac's but they still had complete control and had the option/opportunity/ability to test and verify every configuration.

      I didn't cherry-pick anything. I just clicked the first or second link that came up. I think your tinfoil hat is restricting the bloodflow to your brain. The "bomb" was ONLY available AFTER MacOS was up and running. Not so the "Sad Mac", which ONLY happened during POST, and had NOTHING to do with the OS, since there wasn't one yet.

      A Sad Mac screen was ALWAYS a HARDWARE failure. COMPLETELY DIfferent animal. And I think I've only seen ONE of those "in real life" since 1983... If you've seen more than that, you had a Mac with a hardware issue, period.

      It is YOU that is either cherry-picking, or ignorant. I'd vote the latter.

      As for the availability of the "Bomb IDs", they are/were readily available on the internet, at your local User Group (remember those?), etc. In fact, in astonishing example of "continuing support", Apple STILL publishes a list of the System Error IDs, and their explanations, as well as a series of support pages regarding the "Sad Mac" Codes, and their explanations! It wasn't until later that Apple had the ROM space to put in explanations (like in the example I provided), instead of just "ID= -39", etc.

      The Sad Mac codes were a bit more arcane; but seen so seldom that they almost always meant a trip to the repair shop, anyway...

      Wouldn't that "restricted range of hardware" also apply to those who obeyed the Hardware Compatibilty List for NT? I seem to remember something about that... I have pesonally seen BSODs on many NT-based systems that did not stray one iota from the HCL. Now what?

    29. Re:Yeah they did stop innovating by Vintermann · · Score: 1

      The problem with mutlitasking on Apple is that they'd have to rebuild much of the OS to get it to work and many applications themselves would need either rewriting or a compatibility layer.

      The amazing thing is that they didn't apply that lesson with iOS.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    30. Re:Yeah they did stop innovating by nine-times · · Score: 1

      MacOS had no Virtual Memory system, per se.

      And yet I'm pretty sure the system called it "virtual memory" in the control that you had to adjust. It's been about a decade since I supported these systems, but I'm pretty sure.

      Andit wasn't just an issue of allocating *enough*. One of the silly things was that some applications would crash if you allocated too much, and some required that you turn it off. Admittedly, even at the time I didn't know enough to tell you why some specific applications would die if the virtual memory was turned on, but neither did any of the "Macintosh experts" that I dealt with, and sure enough fiddling with the virtual memory would cause programs to either crash or stop crashing, with there being no setting that would allow everything to run.

      Never heard of a single security problem with the Macs.

      Well maybe you were dealing with an environment that wasn't interested in security, then. Mac OS didn't even have multi-user support until OSX. OS9 started to provide some multi-user support, but it wasn't very extensive, and it generally wasn't worth the trouble.

    31. Re:Yeah they did stop innovating by macs4all · · Score: 1

      MacOS had no Virtual Memory system, per se.

      And yet I'm pretty sure the system called it "virtual memory" in the control that you had to adjust. It's been about a decade since I supported these systems, but I'm pretty sure.

      You would be wrong. It was called "Application Memory". System 8 and 9 had a bare-bones VM system, but, other than turning it on or off, it was not "adjustable".

      Andit wasn't just an issue of allocating *enough*. One of the silly things was that some applications would crash if you allocated too much, and some required that you turn it off.

      There was no way to "turn off" the Application Memory setting, and the VM on/off was Global, IIRC. You could make Application Memory larger or smaller; but not "turn if off". It was there for every Application. Part of the File Attributes for an Application.

      Admittedly, even at the time I didn't know enough to tell you why some specific applications would die if the virtual memory was turned on, but neither did any of the "Macintosh experts" that I dealt with, and sure enough fiddling with the virtual memory would cause programs to either crash or stop crashing, with there being no setting that would allow everything to run.

      As I said above, upon further research/remembering, I found/recalled that In MacOS 8 and 9 there was a very rudimentary VM system; but the only control was to turn it on or off. VM "swap file" size was FIXED at 2 times the size of your physical RAM. I had forgotten all about that, and I apologize. There certainly were some (especially legacy) applications and drivers that hated that VM scheme, no doubt. But most devs. quickly updated their apps to be "System 8" compatible.

      Never heard of a single security problem with the Macs.

      Well maybe you were dealing with an environment that wasn't interested in security, then. Mac OS didn't even have multi-user support until OSX. OS9 started to provide some multi-user support, but it wasn't very extensive, and it generally wasn't worth the trouble.

      Actually, I think the Multi-User support began around System 8.5; but I can't remember exactly. But yes, just like the "Multi-User" support in competing OSes of the day, it was pretty much useless. So?

    32. Re:Yeah they did stop innovating by guttentag · · Score: 1

      I'm well aware of NeXT, but I don't count that because it was really an offshoot of Apple (when Jobs left Apple and founded NeXT he took some of his best talent with him) that was merged right back into Apple when he returned, and again they didn't suddenly "step up" in 1994 to fill a void, they were working on that stuff since 1985, and had already been selling it for years by the time '94 came along.

      And the Wikipedia article you cited states that Robert Nation began working on virtual desktops in 1993 and released FVWM in June of that year, 15 months before Apple said it no longer had an incentive to innovate. It was an important contribution to computing, but again, no one "stepped up" to fill the void left by Apple as the previous poster claimed.

      Maybe there was someone out there who did, and that's why I asked. But it wasn't NeXT or FVWM?

    33. Re:Yeah they did stop innovating by cheesybagel · · Score: 1

      All I see is a bunch of buzzwords. Gatekeeper seems to have pinched the icon from Windows Defender. Bloody certificates. It gets even more flimsy when you try to pass off business decisions as technical features like the ability to buy "Server" as an addon. Quartz was interesting but it was just a rebranding of the NeXTStep Display Postscript facility to avoid paying Adobe royalties.

    34. Re:Yeah they did stop innovating by nine-times · · Score: 1

      You would be wrong. It was called "Application Memory". System 8 and 9 had a bare-bones VM system, but, other than turning it on or off, it was not "adjustable".

      I'm not going to sort through this too much to argue over something from a decade ago, but what do you think this is referencing? By the way, the article you cite seems to indicate that it was adjustable when it says, "Increase the amount of memory allocated to the application in the Preferred Size box by 25 to 50 percent. (Example: change 1000 K to 1500 K)"

      However, I don't think that what you're citing is the same as what I was remembering, because what I remember was definitely not controlled on an application-by-application basis. One of the frustrating things about it was that it was a system-wide setting that you had to change depending on which application you wanted to run.

      There certainly were some (especially legacy) applications and drivers that hated that VM scheme, no doubt. But most devs. quickly updated their apps to be "System 8" compatible.

      I don't remember which applications would work with VM and which would only work without, but I remember that it was common enough that my users had to switch back and forth constantly. It was silly along the lines of, "The latest version of Photoshop wouldn't run without virtual memory enabled, but the latest version of Illustrator won't run with virtual memory enabled, so any time you want to switch between the two, you have to close one application, change a system-setting, and then open the other."

      I don't think it was literally Photoshop and Illustrator, but there were common big-name applications. It may have been Photoshop vs. Quark, or Quark vs. Appleworks, or something else.

      Never heard of a single security problem with the Macs.

      Actually, I think the Multi-User support began around System 8.5; but I can't remember exactly. But yes, just like the "Multi-User" support in competing OSes of the day, it was pretty much useless. So?

      I could be wrong, but I believe in the multi-user support was pretty minimal before OSX. Like maybe it would let you have your own home folder to some degree, but it didn't have file-system level protections. Or maybe not that, but something equally silly.

      Anyway, in answer to your question, "So?": It was a response to your claim that you never heard of a security problem, I was saying that would be unlikely unless you weren't concerned with security. Multi-user support is an important basic security measure. If your computer doesn't offer multi-user support with per-user filesystem-level permissions, then you can't have multiple users on the same computer without giving access to all of each others' settings and files.

      Windows NT 4 had multi-user support, file permissions, and network authentication. It also didn't have the virtual memory quirkiness of Mac OS at the time, and didn't have the problem of preference files spontaneously corrupting on a regular basis.

    35. Re:Yeah they did stop innovating by aristotle-dude · · Score: 1

      All I see is a bunch of buzzwords. Gatekeeper seems to have pinched the icon from Windows Defender. Bloody certificates. It gets even more flimsy when you try to pass off business decisions as technical features like the ability to buy "Server" as an addon. Quartz was interesting but it was just a rebranding of the NeXTStep Display Postscript facility to avoid paying Adobe royalties.

      Let me try to explain things in terms that you might understand. Quartz Compositor gave OS X transparent menus and other effects harnessing the power of the GPU which is something that windows did not have until Vista. The following: Core Data API (think ADO.NET or .NET Entity Framework), Core Audio API (low latency audio), Core Image API (GPU accelerated image filters), Core Video API (GPU accelerated Video filters) and Core Animation API (think Direct3D .NET libraries but easier) all make it easier to develop high end graphics and audio recording applications with less "reinvention of the wheel" by the third party developer. Many of these APIs originally were developed for Apple's pro and iLife suite of apps. For example, Core Animation was formed out of the Motion codebase.

      I'm a software developer on the windows platform with over 15 years of work experience. Even though my chosen "work" platform is windows, I have been following the developments of the OS X platform and it is also my platform of choice at "home". If I wanted, I could leverage my .NET skills with Mono on the mac or for iOS but I like to keep my hobbies different from my chosen profession.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    36. Re:Yeah they did stop innovating by Anonymous Coward · · Score: 0

      "Increase the amount of memory allocated to the application in the Preferred Size box by 25 to 50 percent. (Example: change 1000 K to 1500 K)"

      Some programs would have twice 8192K minimum calculated as 6384K.

    37. Re:Yeah they did stop innovating by cpu6502 · · Score: 1

      I used System 6 through 9, and they crashed every day. Sometimes 2-3 times per day which was very frustrating. Whatever program I was using would "hang" and then the whole system was screwed because the crashed program refused to release the CPU. I had to do a cold reboot.

      In contrast Windows moved to "true" preemptive tasking with Win95. That rarely crashed. If a misbehaving program became hung, you could still continue working.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  9. Apple by aglider · · Score: 0, Troll

    does!

    --
    Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
    1. Re:Apple by aglider · · Score: 1

      Troll?
      Ok, it's time to switch to dotslash.org!

      --
      Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
  10. Samsung Must Be Made an Example by macs4all · · Score: 3, Interesting

    Apple pretty much HAS to sue Samsung.

    Even though in doing so, they actually may increase the sales of Samsung tablets. Some percentage of people who wouldn't have given a non-Apple-tablet a second glance may now decide "Hey, if Apple is 'worried' enough to sue over this, it must be pretty good."

    However, Apple really has no choice. If they don't sue, then that would be the "green light" for the "Allwinners" of the world to come in and just crank out $40 blister-pack 'ePads', absolutely indistinguishable-from-iPad (until you actually tried to use them!) tablets.

    Not only would that eat into Apple's sales/profits, but it would eventually (and wrongly) leak into the consumer mindset that ALL tablets are shit. And that could make the iPad market dry up as quickly as it was created.

    1. Re:Samsung Must Be Made an Example by bluefoxlucid · · Score: 1, Informative

      It probably doesn't help Apple that comparing the Apple iPhone to the Samsung Galaxy or Google Galaxy Nexus (same phone, slightly different software) is like comparing a nerfed ("Balanced") Dungeons & Dragons wizard to a real fucking wizard.

    2. Re:Samsung Must Be Made an Example by nightgeometry · · Score: 1

      Isn't this already the case - if I look on Amazon there are scores of cheap Android tablets.(no idea if they are any good to be honest - I've never used one)

      --
      The best is the enemy of the good
    3. Re:Samsung Must Be Made an Example by StikyPad · · Score: 4, Insightful

      Right, because Yugos eventually (and wrongly) leaked into the consumer mindset that ALL cars are shit.

      Spare us the confused consumer nonsense Fanboi Wan.

    4. Re:Samsung Must Be Made an Example by kenorland · · Score: 3, Interesting

      However, Apple really has no choice. If they don't sue, then that would be the "green light" for the "Allwinners" of the world to come in and just crank out $40 blister-pack 'ePads',

      And the harm in that would be what?

      absolutely indistinguishable-from-iPad (until you actually tried to use them!) tablets. Not only would that eat into Apple's sales/profits, but it would eventually (and wrongly) leak into the consumer mindset that ALL tablets are shit. And that could make the iPad market dry up as quickly as it was created.

      The iPad is doing a good job at planting the idea in people's minds that tablets are overpriced toys for kids.

    5. Re:Samsung Must Be Made an Example by gl4ss · · Score: 1

      allwinners of the world are cranking out epads and apple is doing nothing to sue them for they have no money.

      what's ridiculous is that it's only competition that forces companies to iterate new ideas into products instead of selling the same shit year after year. if apple could actually sue anyone making tablets successfully then they would stop buying inventions to integrate to their products.

      --
      world was created 5 seconds before this post as it is.
    6. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      The cheap Chinese ones are practically iPads with worse hardware than my 10 year old Nokia. But to be fair, while there are hundresds of them, I haven't actually seen anyone using them.

    7. Re:Samsung Must Be Made an Example by Relayman · · Score: 1

      Besides, if Apple didn't sue Samsung, then Samsung would sue Apple for the exact same thing. You score more points with offense than you do with defense.

      --
      If I used a sig over again, would anyone notice?
    8. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 1

      The cheap Chinese ones don't have Google Play Store (nee "Android Market") on them because they don't meet Google's standards, so there's no point in buying them, and even the uneducated general public realizes that. It's the reasonably priced but still very capable ones like the Nexus 7 that have Apple shitting their pants.

    9. Re:Samsung Must Be Made an Example by noh8rz7 · · Score: 0

      Bad news - iPad mini is announced in 3 weeks and will eat nex7's lunch. Motogoog is spooked.

    10. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      Actually, you are on the right track, except Apple is actually legally obliged to protect their IP. If they did nothing now, they'd be unable to in future cases. Win or lose doesn't matter here.

    11. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      Here's the thing: nobody except Apple fanbois give a fuck if there's an iPad mini and it eats the Nexus 7's lunch. As long as there's competing hardware, Android has succeeded. As long as I can buy something that isn't a goddamn Apple walled garden that requires paying a specific company for the privilege of developing software for my own hardware, I'm happy.

      Apple, however, knows that their model of ridiculous margins and rent-seeking behavior isn't sustainable if there's stiff competition. That's why Apple is terrified of allowing any serious competition to hit the shelves.

    12. Re:Samsung Must Be Made an Example by rjstanford · · Score: 2

      Right, because Yugos eventually (and wrongly) leaked into the consumer mindset that ALL cars are shit.

      If those early Yugos had looked almost exactly like Fords, to the point that Yugo's own counsel mistook a Ford for one of their own products, then Ford would have indeed been concerned that their brand value had been diluted...

      --
      You're special forces then? That's great! I just love your olympics!
    13. Re:Samsung Must Be Made an Example by macs4all · · Score: 1

      Here's the thing: nobody except Apple fanbois give a fuck if there's an iPad mini and it eats the Nexus 7's lunch. As long as there's competing hardware, Android has succeeded. As long as I can buy something that isn't a goddamn Apple walled garden that requires paying a specific company for the privilege of developing software for my own hardware, I'm happy.

      Apple, however, knows that their model of ridiculous margins and rent-seeking behavior isn't sustainable if there's stiff competition. That's why Apple is terrified of allowing any serious competition to hit the shelves.

      If no one cares about Apple, then why do their stories generate, hands-down, the most traffic on /, ?

      And as I have posted previously, if Apple's margins are so high on the iPad, then why can't ANYone steal their lunch money on price/performance?

    14. Re:Samsung Must Be Made an Example by macs4all · · Score: 1

      And the harm in that would be what?

      You're joking, right?

      The iPad is doing a good job at planting the idea in people's minds that tablets are overpriced toys for kids.

      I guess that's why something like 85 percent of hospitals are testing or piloting iPads, and 94% of Fortune 500 companies and 70% of the Global 500 companies already use, or are looking into, iPads?

      Yep. Seems like people have it in their minds that the iPad is a toy...

      Idiot.

    15. Re:Samsung Must Be Made an Example by macs4all · · Score: 1

      allwinners of the world are cranking out epads and apple is doing nothing to sue them for they have no money.

      what's ridiculous is that it's only competition that forces companies to iterate new ideas into products instead of selling the same shit year after year. if apple could actually sue anyone making tablets successfully then they would stop buying inventions to integrate to their products.

      There has been no serious competition for the iPad since it's launch over 3 years ago; and I can't see one single feature that Apple has added to the iPad "in response" to a competitor. In response to user feedback, yes, and because Apple doesn't NEED "competition" to "pressure them to innovate". But NOT because the competition adds an SD card slot (which I would personally like), or a Micro USB connector.

      While I agree with your premise that competition typically moves-along innovation, Apple has never paid much attention to the competition.

    16. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      Even announcing it now would be too late. Google has an outstanding product, first mover advantage, word is spreading in a geometrical progression and the price is not something Apple c(an afford to match while keeping their image and oh so precious margins intact. Not to mention Apple's technical problems, like havng painted themselves into a corner with the resolution, they have to either cram 2048 x 1536 or keep it at iPad levels with 1024 x 768 and look like idiots next the gorgeous 1280 x 800 IPS screen on the Nexus 7.

      Asus and Google went right trough the same blind spot of Apple's that allowed Asus to both revolutionize low cost, high batter mobile devices with the EeePC without Apple having anything to counter with until the iPad (that not being low cost anyway) and become the unlikely leader in the Android tablet space with the transformer series. Apple just doesn't get some things, like the fact that small and cheap can't be countered by thin (but still big) and expensive, or why people stick their iPads into ugly, bulky bluetooth keyboard cases. Or they do get it, and can't figure out how to do anything about it with the self-imposed constraints.

    17. Re:Samsung Must Be Made an Example by Darinbob · · Score: 1

      True, the iphone feels really archaic compared to the newer phones. Although much of what I like about the newer ones is that they're large enough that I can actually read the words on the screens, the keypads are large enough I can tap the buttons without lots of mistakes, etc. Really the iPhone size is just a wee bit too small for a smart phone.

    18. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      You are completely retarded. Android is in all ways superior.

      No wonder you are a Pathfinder munchkin.

    19. Re:Samsung Must Be Made an Example by jareth-0205 · · Score: 1

      Bad news - iPad mini is announced in 3 weeks and will eat nex7's lunch. Motogoog is spooked.

      Yeah, I hear they're going to ship it with free sandpaper too...
      http://allthingsd.com/20120705/the-7-inch-ipads-biggest-critic-steve-jobs/

    20. Re:Samsung Must Be Made an Example by noh8rz7 · · Score: 1

      What does this have to do with the subject at hand? Or are you just dumping snark into the conversation? Is that what you're like at work?

    21. Re:Samsung Must Be Made an Example by kenorland · · Score: 1

      You're joking, right?

      No, I'm not. $40 Android tablets are a heck of a lot more useful to the world than Apple's overpriced toy.

      I guess that's why something like 85 percent of hospitals are testing or piloting iPads [imedicalapps.com], and 94% of Fortune 500 companies and 70% of the Global 500 companies [macobserver.com] already use, or are looking into, iPads?

      Contrary to Apple lore, tablets are nothing new, and both hospitals and Fortune 500 companies have been using Windows-based tablets for many years. Is iPad an improvement over those? Definitely, but that's hardly a ringing endorsement. And if those companies can get the same functionality at 1/10th the price, we're all better off.

      Also, if you want more products like the iPad, the last thing you want to do is give Apple a virtual monopoly, because Apple doesn't spend a dime on developing new technologies. They just rip off the ideas of others and rush to market.

    22. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      Also, if you want more products like the iPad, the last thing you want to do is give Apple a virtual monopoly, because Apple doesn't spend a dime on developing new technologies. They just rip off the ideas of others and rush to market.

      Give me 3 examples (and the Xerox GUI doesn't count because they PAID for that), where Apple RIPPED-OFF ideas and "rush[ed] to market", or STFU.

    23. Re:Samsung Must Be Made an Example by MtViewGuy · · Score: 1

      My only concern is that if Apple wins, Apple could pursue the ultimate sanction against Samsung: a ban on selling in the USA any Samsung device that runs Android, whether it's the Galaxy Nexus cellphone, Galaxy SIII cellphone, other Samsung cellphones that use Android, or the Galaxy Tab series tablet computers. We may be talking a HUGE hit in the number of Android cellphones available for the US market.

      And it may embolden Apple to do what was once unthinkable: directly sue Google over Android itself. It this doesn't put a gigantic chill into future Android development, I don't know what will.

    24. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      The iPod and its desktop sync, iPhone's PDA apps and functionality, the app market, iOS notifications, desktop gadgets, iCloud, etc.

      The real question is: what actual innovation has Apple ever come up themselves? Can you name anything?

    25. Re:Samsung Must Be Made an Example by Anonymous Coward · · Score: 0

      They didn't though because cars can't really look *that* simple. The ipad is a screen surrounded by a black bezel. How do you not copy that on some level without requiring the argument that the Yugo did look exactly like the Fords because they had 4 wheels and a chassis.

  11. Re:It's a blood feud by Anonymous Coward · · Score: 5, Insightful

    So, apple "steals" from open source...

    How can you steal from open source? Especially when they give back an enormous amount of development to the open source movement (such as http://www.apple.com/opensource/ ).

    But, hey, why let facts and logic get in the way of a good ol' Apple bashing, right?...

  12. Turn the argument around. by wvmarle · · Score: 5, Insightful

    Having other people copy your designs doesn't mean you can't innovate anymore. On the contrary: by innovating you will stay ahead of the pack.

    Also, copies always mean the copier is playing catch-up. They always have to wait and see what you've done, before they can try to do the same. By innovating you will keep the advantage, having everybody copy your work just means you have to innovate even harder and faster. That's tough of course, much easier to stop the rest from picking up your innovative ideas.

    1. Re:Turn the argument around. by Rogerborg · · Score: 4, Funny

      I do like the irony that you took the content of an article that says copying is good for innovation, and just copied it.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Turn the argument around. by Anonymous Coward · · Score: 2, Insightful

      I do like the irony that you took the content of an article that says copying is good for innovation, and just copied it.

      He improved on it. It was much easier for me to read his post than it was to read the article.
      If only Apple could do half a good job as he did then I might actually consider getting an iPhone.

    3. Re:Turn the argument around. by Richy_T · · Score: 2

      I do like the irony that you took the content of an article that says copying is good for innovation, and just copied it.

    4. Re:Turn the argument around. by Solandri · · Score: 1

      Actually, you touch upon the real issue here. Whether Samsung is copying from Apple, whether Apple copied Knight-Ridder, whether Joe is violating the Beatles' IP rights by making a mix CD, etc. is beside the point. The entire rationale for protection of ideas (books, music, movies, software, designs) is that it spurs creative and technological innovation. That is, there's a certain rate of creative innovation if there's no IP protection, and there's a certain rate of creative innovation if there's ironclad IP protection. But in between, with a limited amount of IP protection, the rate of creative innovation exceeds either of these two extremes.

      Our focus should be on finding where this rate reaches its maximum and trying to position ourselves as close to it as possible. Blindly focusing on one extreme by mischaracterizing this as "copying = bad" misses the whole point. Too much copying is bad, but too little copying is also bad. An argument based on the assumption that all copying is bad is fundamentally flawed. All this stuff about copyrights, patents, creators holding monopolies over their ideas, etc. are just a means to a goal. The goal itself is increased creative innovation, and frequently that can be accomplished with more copying, not less. When you start putting the means ahead of the goal, you're contradicting the very justification for the existence of IP law.

    5. Re:Turn the argument around. by Richy_T · · Score: 1

      However, quite a few of us are not big fans of utilitarianism (Not that I'm a fan of IP laws either)

    6. Re:Turn the argument around. by Jonner · · Score: 1

      Having other people copy your designs doesn't mean you can't innovate anymore. On the contrary: by innovating you will stay ahead of the pack.

      Also, copies always mean the copier is playing catch-up. They always have to wait and see what you've done, before they can try to do the same. By innovating you will keep the advantage, having everybody copy your work just means you have to innovate even harder and faster. That's tough of course, much easier to stop the rest from picking up your innovative ideas.

      That's a great antidote to the unhealthy life cycle of many technology companies. They start out with no patents so they have to innovate like crazy to survive in competition with the established companies that already have a lot of patents. The more they amass patents, the less they have to innovate because they can use their patents as either protection from upstarts or offensive weapons against large competitors. It's an arms race no technology company can ignore. Eliminating clearly harmful classes of patents such as on software and visual design and limiting terms of others might return companies to the type of competition you describe.

    7. Re:Turn the argument around. by Anonymous Coward · · Score: 0

      Everybody keeps banging on about 'innovate' 'innovate' innovate' as if it's some kind
      of boundless stream that's just there as long as you want it.

      Perhaps there's not a lot more left to innovate in that area, perhaps that for-factor is
      already 90% there already and all that's left is some minor tweaks.

      Then what?

    8. Re:Turn the argument around. by Anonymous Coward · · Score: 0

      Exactly. I've had an iPhone now for nearly 4 years. The 'Droids are nearly as good now, but I've still had my iOS for a long time and overall I'm very happy with it. Thank god Android exists though or Apple would never have kept adding new features to stay ahead.

    9. Re:Turn the argument around. by wvmarle · · Score: 1

      What?

      You suggest I read TFA?

      The blasphemy! I didn't read that! What were you thinking?!

    10. Re:Turn the argument around. by dwpro · · Score: 1

      I think the more likely irony is that the idea wasn't novel to begin with, and that Wvmarle, true to slashdot form, stated the obvious after having not RTFA.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
  13. Fair point by JestersGrind · · Score: 3, Insightful

    The article makes a fair point. If everyone is allowed to copy everyone else (and they already are anyway including Apple), the only way for a company to distinguish itself is to innovate faster than the competition can copy. This actually promotes innovation, not stifle it.

    1. Re:Fair point by SpeedBump0619 · · Score: 2

      In the business world innovation is only ever justified by some cost-benefit analysis. Yes, competition will drive new features, iff the return on those features is great enough. Patent and copyright laws are specifically intended to widen this profit making window with the intent of fostering innovation.

      Decreasing the time you can monetize any new idea serves to decrease the monetary value of that innovation. Decreasing the value of innovations doesn't sound like a winning formula for fostering innovation.

    2. Re:Fair point by Zalbik · · Score: 4, Insightful

      the only way for a company to distinguish itself is to innovate faster than the competition can copy

      And more importantly, if an "innovation" can be copied by a competitor in nearly no time, then it's probably not an innovation at all (e.g. rounded corners)

    3. Re:Fair point by Yunzil · · Score: 1

      the only way for a company to distinguish itself is to innovate faster than the competition can copy.

      Or wait until someone else does the real work, then copy them with a couple of bug fixes. Which doesn't promote innovation at all.

    4. Re:Fair point by Anonymous Coward · · Score: 0

      Bingo. Notice there's not one thing that is innovative about the Tab. If Samsung had listened to
      Google and taken a little time to figure out how to make it less iPad'y, then they would be taking time to try something else... with a fair chance of it being something pretty slick. Who wins? Samsung, their customers, and the entire Android community.

      Samsung did not get dinged hard enough around here for the stunt they pulled. I guess when the words 'patent' and 'Apple' turned up the company grew a little halo over its head.

      captcha: Shorted

      Modding down my post doesn't doesn't make the point any less significant. If Samsung tried something different, this court case wouldn't be happening. It is truely bizarre that this isn't raising anyone's ire around here.

    5. Re:Fair point by cyfer2000 · · Score: 1

      The article makes a moot point. If everyone is allowed to copy everyone else (and they already are anyway including Apple), the only way for a company to survive is to innovate at a lower cost than the copier. It doesn't make sense at all. Just imagine the same article got published on a bloomberg, business week, wsj... and original writers do not get paid, the plagiarists got paid. Will the writer keep writing better articles?

      --
      There is a spark in every single flame bait point.
  14. Steve Jobs (RIP) was fond of this axiom by Anonymous Coward · · Score: 5, Interesting

    "Good artists copy. Great artists steal. And at Apple, we have always been shameless about stealing great ideas."

    [Source: Isaac's authorized biography]

    Apparently he never liked it if someone else followed this axiom, though.

    1. Re:Steve Jobs (RIP) was fond of this axiom by Anonymous Coward · · Score: 0

      Well, he didn't say anything about great artists getting away with it.

      Good artists copy, great artists steal, and Neal Caffrey steals and gets away with it. Except when he doesn't.

    2. Re:Steve Jobs (RIP) was fond of this axiom by Anonymous Coward · · Score: 1

      The quote, which is often thrown about to make Steve look bad and make Apple look like they copy ideas, is a much-abridged, to the point of clouding the actual point, quote by TS Elliot.

      Specifically:

      "One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest."

      Unfortunately, he didn't get into the full quote which makes a great deal of sense and instead threw out his brief snippet which has led many an anti-Apple post to imply Steve was happy to steal ideas when that's not at all what he meant. It was a comment on inspiration coming from all the things in life to which we're exposed and the truly creative drawing inspiration from many sources, far and wide (think of designers inspired to make a chair based on the shape of a water drop and you're in the right ballpark here), while those that lack creativity simply steal the existing ideas directly in front of them with no finesse nor artistic ability (think making a tablet that looks exactly like your competitor's tablet to the point that your own lawyers aren't confident in picking out which is which from ten feet away even though they have a 50/50 chance of being right, including packaging that's almost identical...).

    3. Re:Steve Jobs (RIP) was fond of this axiom by Anonymous Coward · · Score: 0

      Seriously though, every bit of art, or music you experience is
      heavily influenced by some artist that has gone before. Every scientific discovery
      followed on from some precursor.

      How contemptuous of some knockoff mona lisa wherethe artist was trying to
      pass it off as their own original work would you be?

      But somehow if some company gets a *massive* step up from where they were by, not 'stealing'
      an idea and making it their own (as Jobs means), but by carbon copying the best bits of somebody
      else's work - then the originator just has to shut up and watch other's walk away with a bih part of their market?

      Somehow doesn't seem fair

  15. Re:It isn't very easy to tell an original from a c by wvmarle · · Score: 5, Insightful

    Not all copies are inferior. Japan got huge in the 80s/90s by "copying and improving". And they were not the first that did this; it's how UK lost out to mainland Europe in the later stages of the industrial revolution: they were the first to industrialise, but the continent copied there methods and products, and improved on them.

    China is currently very much in the copy phase, sooner or later they will also start to innovate themselves (some Chinese companies already do that), followed by a time in which the establised companies will be out-innovated. It may take a while, the Chinese don't seem to be very fast in picking up the innovation part, but if the world's history is anything to go by, sooner or later they will.

  16. Apple and the GUI by Murdoch5 · · Score: 3, Insightful

    Well actually Apple never developed the GUI or User Interface. The "GUI" was actually developed decades before Apple even built a computer. I was trying to find the video from youtube but it might of got taken down. There was a video of a researcher in the 60's playing with a mouse and keyboard and moving a mouse pointer. Unless Steve Jobs was about 80 when he died then I fail to see how Apple invented the user interface.

    However extracting this out, does apple really invent anything? Siri is just voice analysis which isn't new or clever or even that hard, as I did music genre detection for my final project in University, so I can tell you it's pretty simple. Apple didn't invent the smart phone, they didn't create the tablet, they didn't create Unix which is what OS X is based on and they didn't invent the intel CPU they run. So what does Apple invent? Having a little bit of software for messages or screen locking or even a GUI layout is hardly inventing anything, I consider more a look and feel which personally I don't think should be protected I mean anyone could do the same thing, you don't have to be a leader in the computer field.

    So I rest with what does Apple invent? Seems to me they take and sue but thats about it.

    1. Re:Apple and the GUI by PPH · · Score: 4, Informative
      --
      Have gnu, will travel.
    2. Re:Apple and the GUI by Murdoch5 · · Score: 1

      YES!!! that is the video, proof Apple never invented the user interface

    3. Re:Apple and the GUI by Relayman · · Score: 1

      "Invent" means a lot more than making a YouTube video. You need to bring a product to market at a reasonable cost. This is where Apple excels and Samsung excels in copying.

      --
      If I used a sig over again, would anyone notice?
    4. Re:Apple and the GUI by Murdoch5 · · Score: 1

      You never need to bring a product to market. As long as you can demonstrate the idea works and has been accepted then it doesn't matter. I can't just go out, find a research project, copy it and sell it, that's not ethical, not moral and not legal.

    5. Re:Apple and the GUI by Anonymous Coward · · Score: 0

      You need to bring a product to market

      Nothing to do with innovation, but it is supposed to be a requirement for patents.

      at a reasonable cost. This is where Apple excels

      WTF?

      It's harder to find more overpriced junk than the tings Apple does.

    6. Re:Apple and the GUI by rtfa-troll · · Score: 1

      "Invent" means a lot more than making a YouTube video....

      To who? Most people mean "make the first working example of" when they say invent. The patent office has a slightly different definition; "file the first document describing closely enough". Corporate types use the word "innovate" for your definition of invent.

      In the end it doesn't matter; it's just definiting words.

      What matters is; being the first person to "bring a product to market at a reasonable cost" is not enough to justify having a monopoly on providing something. Whether "being the first to deliver a document to the patent office describing" shoud be enough is a totally different question.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    7. Re:Apple and the GUI by shadowrat · · Score: 1

      There is no rule that says an invention has to be complicated. Bending wire into a shape that conveniently holds papers together counts as an invention.

    8. Re:Apple and the GUI by Murdoch5 · · Score: 1

      I know that counts, but it shouldn't. This is one of the BIG issues with how the world classify's an invention. Personally I don't think taking an idea from someone and making an edit that deviates the design and function less then 1% should count as a radical new invention. However nothing will ever change because company's like Apple need this kind of system to make money, take it away and they will be back in the garage.

    9. Re:Apple and the GUI by Anonymous Coward · · Score: 0

      So you're saying that Marconi didn't invent the radio because he didn't start a company mass-producing $4 recievers and building a forest of transmitter towers?

      I'll argue that Marconi didn't invent the radio because Tesla had the same mechanism patented years earlier, but you bring a very interesting definition of "invent" to the table. In fact, by your definition, Apple has not invented anything because their costs are not "reasonable" and never have been. This also means that no one has yet invented an electric car, because none of the ones in the market are reasonably priced. And to extrapolate your definition ever more agressively, movie theaters are in a slow process of being 'uninvented' as their price is accellerating out of what is reasonable to see a movie.

    10. Re:Apple and the GUI by Anonymous Coward · · Score: 0

      "Integration" should be used instead of the word "invent", I think.
      Apple offers a product solution that is tightly integrated and consistent.
      As opposed to how Microsoft had been doing, just software, leaving hardware to a world of vendors to figure out. At least, that seems to be what Apple has been doing differently.

    11. Re:Apple and the GUI by CanHasDIY · · Score: 2

      "Invent" means a lot more than making a YouTube video. You need to bring a product to market at a reasonable cost.

      Invention != Marketing.

      [Marketing] is where Apple excels and Samsung excels in copying.

      Welcome to Capitalism, comrade.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    12. Re:Apple and the GUI by Dragonslicer · · Score: 1

      However extracting this out, does apple really invent anything? Siri is just voice analysis which isn't new or clever or even that hard, as I did music genre detection for my final project in University, so I can tell you it's pretty simple.

      Apple didn't create Siri anyway. It was already available on Apple's App Store when Apple bought it and installed it by default.

    13. Re:Apple and the GUI by macshome · · Score: 1

      There is a LOT more to Siri than just a bundled app. The Siri technology is deeply integrated into the OS now.

      The innovation with Siri isn't the voice recognition, it's the personal contextualization that it's applied with.

    14. Re:Apple and the GUI by farble1670 · · Score: 1

      absolutely wrong. do you really think an invention needs to be brought to market at a reasonable cost be be patentable? that's just not how it works.

    15. Re:Apple and the GUI by shilly · · Score: 1

      "Bring a product to market at a reasonable cost" !="Marketing".

      I can't believe you needed that explaining to you.

    16. Re:Apple and the GUI by CanHasDIY · · Score: 1

      "Bring a product to market at a reasonable cost" !="Marketing".

      I can't believe you needed that explaining to you.

      As "Bring a product to market at a reasonable cost" doesn't come up in the conversation until your post, I honestly have no idea what you're going on about... responded to wrong thread, perhaps?

      If not, you may want to consider being more clear about your message prior to emitting childish derision, so that the reader can decipher your pedantry.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    17. Re:Apple and the GUI by CanHasDIY · · Score: 1

      "Bring a product to market at a reasonable cost" !="Marketing".

      I can't believe you needed that explaining to you.

      As "Bring a product to market at a reasonable cost" doesn't come up in the conversation until your post, I honestly have no idea what you're going on about... responded to wrong thread, perhaps?

      Scratch that, found it (damn find/replace...).

      Doesn't change the fact that you're spouting pedantic nonsense, though.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    18. Re:Apple and the GUI by shilly · · Score: 1

      Priceless. You make a snarky remark about invention not being the same as marketing *in direct response to someone* saying "bringing a product to market at reasonable cost". I point out that this a complete non sequitur, and you say I'm being pedantic. After you've publicly humiliated yourself by failing to recognise the very quote you originally responded to, of course.

      It seems that not only did you need it explaining that marketing is very much less than bringing a product to market; not only are you incapable of reading carefully before replying; but you also don't understand even now what it takes to bring a product to market and how it is a fundamental part of any worthwhile invention that it can actually be brought to market ( or into mass use if noncommercial) economically.

  17. Re:Does Apple Truly Innovate? by Anonymous Coward · · Score: 5, Informative

    You mean the ones that Apple copied - after Jobs and Xerox negotiated a deal to allow Xerox to but 100,000 shares of pre-IPO Apple stock.

    In other words, Apple was happy to give value for value received. Why is this story constantly repeated as an example of Apple being underhanded?

  18. Parallels by chebucto · · Score: 5, Insightful

    The parallels of current Apple to early 90s Apple are numerous.

    - They were first widely used in multitouch and gui
    - Their OS is more user-friendly
    - Development and modification of their OS is more tightly controlled
    - Crucially, they don't license their OS
    - Steve Jobs isn't there to save them with brand-new product lines

    So now, they're stuck with a market-leading position that is being slowly eroded by the open ARM + Android platform (Armdroid as the new Wintel?), and are being forced to fight on several fronts at once: hardware design, OS design, and developer loyalty.

    The litigation strategy is just one more parallel, and it seems destined to fail.

    --
    The English word fart is one of the oldest words in the English vocabulary.
    1. Re:Parallels by timeOday · · Score: 1

      The litigation strategy is just one more parallel, and it seems destined to fail.

      "Fail" would mean the amount they spend on litigation is less than the extra profit they make if the tactic prolongs the iPhone/iPad's fat margins - even by a few days, given how profitable it is. Lawyers are expensive, but the taxpayer eats most of the cost of the trial. So why not?

    2. Re:Parallels by Jonner · · Score: 1

      The parallels of current Apple to early 90s Apple are numerous.

      - They were first widely used in multitouch and gui
      - Their OS is more user-friendly
      - Development and modification of their OS is more tightly controlled
      - Crucially, they don't license their OS
      - Steve Jobs isn't there to save them with brand-new product lines

      So now, they're stuck with a market-leading position that is being slowly eroded by the open ARM + Android platform (Armdroid as the new Wintel?), and are being forced to fight on several fronts at once: hardware design, OS design, and developer loyalty.

      The litigation strategy is just one more parallel, and it seems destined to fail.

      Those are very interesting parallels. However, it seems this time, Steve Jobs was the originator of the litigation strategy. Was he already losing his edge?

    3. Re:Parallels by mdielmann · · Score: 1

      The litigation strategy is just one more parallel, and it seems destined to fail.

      "Fail" would mean the amount they spend on litigation is less than the extra profit they make if the tactic prolongs the iPhone/iPad's fat margins - even by a few days, given how profitable it is. Lawyers are expensive, but the taxpayer eats most of the cost of the trial. So why not?

      I think he means fail as as similar to failing to stay afloat. If you are going to drown in 3 minutes, and you put it off to 6 minutes, how excited are you about where you're going to be in 10 minutes? Maybe a different strategy is needed so that drowning isn't going to happen in the foreseeable future.

      --
      Sure I'm paranoid, but am I paranoid enough?
  19. Apple isn't really innovating by Anonymous Coward · · Score: 0

    They're just repackaging old ideas with better marketting.

    And not giving up, which may be Apple, or just Jobs, when the Newton didn't work they came back, when NeXT failed, objective C stuck around

  20. Re:This case is different! by Captain+Hook · · Score: 4, Informative

    Samsung's copying is blatent counterfeiting.

    how can it be counterfeiting? it has samsung written on the front and no apple logo's or other trademarks in sight.

    Counterfeiting is about trying to pass 1 product off as another. They certainly look alike but without trying to pass it off as an apple product it can't be counterfeiting.

    --
    These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
  21. Re:It's a blood feud by oakgrove · · Score: 1

    You quoted the quotes and still missed the point. Not saying it was or wasn't a great point or that I even agree with it but you definitely missed it.

    --
    The soylentnews experiment has been a dismal failure.
  22. No actual humans do. by RHoltslander · · Score: 1

    Who Cares If Samsung Copied Apple? I don't think anyone really cares about this except corporations and lawyers.

    1. Re:No actual humans do. by Yunzil · · Score: 1

      The people that did the original work? The Apple shareholders?

  23. Apple infringed first by stiggle · · Score: 4, Interesting

    Apple should start playing by they own rules.
    If a company infringes someone elses patents then they should lose the right to defend their own.

    Apple doesn't license other peoples patented technologies - they just infringe. Ask Nokia how they magically got around $650 million from Apple last year along with an ongoing royalty payment for every iPhone. Because Apple refused to license key Nokia technology and just blatently infringed when they refused the terms Nokia offered. They then went to the courts claiming that Nokia were unfair to them in the terms and so shouldn't be allowed to hold the patent.

    And it wasn't a "key technology" like rounded corners - it was GSM to make it work like a phone!

    1. Re:Apple infringed first by alen · · Score: 4, Interesting

      those were FRAND

      if you develop new tech for wireless, wifi and other open technologies and the patents get accepted into an open standard you have to agree to license them to everyone who asks at a similar rate. usually a penny or two per device

    2. Re:Apple infringed first by Anonymous Coward · · Score: 0

      Yes, but what happens when you license your FRAND patents, which cost you hundreds of millions of USD in R&D, to a competitor that offers no significant IP in return? Should the rate be the same then? And then what are you left to defend yourself with when Apple starts suing you with dubious software patents? That's the problem that the traditional cellular manufacturers are having with Apple.

    3. Re:Apple infringed first by Anonymous Coward · · Score: 0

      Which is bloody stupid. If you want to kill innovation offer huge royalties or even monopolies for stuff like rectangle with rounded corners, but only pennies for ground breaking vital new electronics tech.

  24. This is the core patent issue imo. by gatesstillborg · · Score: 2

    One should never be able to patent the what (eg. gui appearance/behavior), only the how (eg. specific implementation). Thus, it was right that Apple lost its MS suit, though they were the superior company (at that time).

    1. Re:This is the core patent issue imo. by Endo13 · · Score: 2

      It's called a design patent, which I can kind of understand the purpose of. But the ones being sued over appear to be far too basic and obvious. Things like rounded corners should never even be a possible component of a design patent. Sure there's more to it than that, but at the end of the day it's still like having a design patent on a car with four round wheels, four doors with windows, and a window front and rear. Rounded corners on hand-held devices have been around as long as hand-held devices, and using black as a possible color has been as well. Any design patent that mentions things like that should be thrown out by default as being too obvious.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    2. Re:This is the core patent issue imo. by gatesstillborg · · Score: 1

      At the low level, design is akin to implementation. At the high level it is akin to a "rounded wheels" specification. Other high level examples: clickable icons; mobile, resizable windows (able to contain icons, etc.), etc.

      Patents were originally brought about to safeguard the motivations for innovation. Patents of high-level design don't safeguard them. The eradicate them. Again, not the what (ie. high level design), only the how ((low level) implementation).

    3. Re:This is the core patent issue imo. by Anonymous Coward · · Score: 1

      You don't understand how design patents work. Each of the things mentioned (rounded corners, black) make the patent *more specific* such that it applies to *fewer* cases. Say you invent the xSlate, and patent the design of it thusly: approx. 9" diagonal width, rounded corners, red back shell, white front bezel, 1mm red pinstripe around the bezel inset 2mm, and three rectangular buttons along the bottom. Each of those things adds another layer of specificity! If a competitor comes along and makes an otherwise identical tablet with red pinstripe and all, but uses beveled corners (stop sign style) it doesn't infringe on your patent* because your design uses rounded corners. If you had omitted the specific corner shape, then your patent might apply to your competitor's tablet after all! and if they had made a tablet WITH rounded corners, but no red pinstripe, again they wouldn't be infringing your patent because your patent covers the style of all these things together. The point here is that this case isn't about OMG ROUNDED CORNERS!!, it is about the design as a whole (including the iPad's metal trim line on the bezel, button placement, etc.), of which rounded corners are only a part.

      * This is a pretty simplified example; I should note that copying a large number of design elements and changing just one or two might not be enough to make your product distinct. But the point still stands that the more design elements in the patent, the stricter it gets and the easier it is for competitors to avoid accusations of copying.

    4. Re:This is the core patent issue imo. by Anonymous Coward · · Score: 0

      It seems that the issue is more about " trade dress", also refered to as design language. A design language ties together a family of products for strategic reasons: so people can recognize a brand and it's associated qualities.
      I think Apple kinda designed a few of its products to simply, as they became almost too utilitarian from a visual perspective.
      There are many ways to differentiate how a product looks.
      Samsung could have created a very different looking product from what Apple created. But Samasung created competing products that appear to be copies of what Apple designed. As a product designer, I fee sorry l for the Samsung designers who are directed by non-innovated management types to copy what is popular at the time, rather than creating unique designs that are iconic, true competitors to Apple.
      The courts will decide.

    5. Re:This is the core patent issue imo. by Endo13 · · Score: 1

      No, I do understand that, but some of those elements are way too basic and obvious and should never even be part of a design patent. If you have to list things like that for it to qualify for a design patent then it should NOT qualify, period.

      Your example of the "xSlate" is so basic and obvious, it shouldn't be patentable at all. Let me break it down: approximately 9" diagnonal, that means nothing as that's a very common size for such devices, and this size should be expected in every line of touchscreen devices at some point. Rounded corners should be expected on EVERY touchscreen device. It's the most sensible option, and again, hand-held devices have been designed that way forever. Beveled corners like a stop sign is a stupid idea because it wastes space, and no sane person would design such devices like that. Red shell and white front bezel are very basic colors; any manufacturer should be allowed to have a lineup with different color options. The only thing that should make yours unique at all is the pin stripe, which is nowhere near enough design to be patent-worthy. And yet that's exactly the kind of thing Apple is suing over. As ridiculous as software patents are, design patents are appearing more and more to be considerably worse.

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      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    6. Re:This is the core patent issue imo. by Endo13 · · Score: 1

      I think Apple kinda designed a few of its products to simply, as they became almost too utilitarian from a visual perspective.

      Kinda? No, that's EXACTLY what they did, and that's why none of their design patents should ever have been granted. They stripped away anything and everything that would be unique and innovative enough to actually qualify for a patent, and yet they still applied for (and were granted!) these BS patents.

      It doesn't matter how many different elements they list in their design patents because NONE of them are non-obvious or non-basic. It's all crap like two headlights, four doors, four wheels, a roof, two taillights, etc. on a car. You don't patent those things on a car. You might patent the shape of the taillights. So how about the buttons on a smartphone/tablet? They're going to be rectangular, round, square, or oval. It's too small to use anything fancy. You will also patent the overall shape of the car and its nuances. So what about the tablet? It's rectangular. With rounded corners. Again, it's too small to do anything fancy. Same thing with EVERYTHING that you would design uniquely on other types of products (like a car). On a tablet or smart phone, there's always only 1-3 good ways to do it. You can't allow patents on that. It's all well and good to suggest Samsung should have done something stupid like using beveled corners on their devices, but what about the next device manufacturer? Rounded and beveled corners are now out, what should they do? design everything oval? So they do that, and now what about the next company? This is why you can't allow anything basic and obvious like rounded corners to be included in a design patent. Any design patent that includes shit like that should be thrown out by default.

      Honestly, I'm not sure it's possbile to design a full touchscreen handheld device in such a way that it truly qualifies for a design patent AND still have it sell well. The basic obvious design is just too good to substitute anything else. Anything to make them unique will probably end up being artwork that should be copyrighted, not patented.

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    7. Re:This is the core patent issue imo. by Jonner · · Score: 1

      One should never be able to patent the what (eg. gui appearance/behavior), only the how (eg. specific implementation). Thus, it was right that Apple lost its MS suit, though they were the superior company (at that time).

      Apple was a superior company at what exactly? Maybe they made some better software, but they clearly weren't superior at litigation or being profitable. Even if they had advantages in GUI design, their OSes were inferior to Microsofts' for many years. Apple's strategy of trying to stifle Microsoft and then clone makers via legal means demonstrated they were less interested in giving users choice than even Microsoft. Jobs' return and led to a period of real innovation and and users responded positively. Maybe the increasingly stiff competition and second loss of Jobs will push them back to the bad old days of less innovation coupled with more litigation.

  25. Wouldn't want that! by Anonymous Coward · · Score: 0

    However, Apple really has no choice. If they don't sue, then that would be the "green light" for the "Allwinners" of the world to come in and just crank out $40 blister-pack 'ePads', absolutely indistinguishable-from-iPad (until you actually tried to use them!) tablets.

    I wouldn't want that!

    I got my iPad because I wanted to look hip, important, and as one with money. To have those 'ePads' as you say, would cheapen the image - like those KIAs that look like Mercedes Benz. As it is with the financing, you now see all those wannabes on the road with Benzes and BMWs - German cars are becoming the brand for those who can get credit to buy or lease.

  26. Re:On copying by Anonymous Coward · · Score: 0

    Tell that to my Professors back in the universities on who cares about copying!

  27. Re:Does Apple Truly Innovate? by Anonymous Coward · · Score: 0

    Yes, please do some research in to this issue because you obviously do not have a clear picture of what spare had and what apple produced.

  28. Apple doesn't innovate..... by GabriellaKat · · Score: 3, Informative

    they copy, refine and cultivate. Really, just think about it. Im pretty sure I just burnt some Karma, but worth it.

    --
    "Have you ever thought about just turning off the TV, sitting down with your politician, and hitting them?"
  29. Seeing both sides by maroberts · · Score: 4, Interesting

    Whilst I am hoping that Samsung largely wins its case, I can see that there should be limits to what can be copied and how much a rival product can simply imitate the originator. Apple should be able to protect the unique aspects of its design, and both Samsung and Apple should be able to patent technological innovation where it is appropriate to do so.

    Having said that, I feel Apple is trying to grab too much in this case. It is obvious that Apple didn't come up with the general idea for the layout of a tablet, even if they were the first to market with a genuine product that consumers wanted. It is similarly obvious that everyone wanted to go to a touch screen phone layout at around the same time, and the ergonomics and layout for that are obvious.

    Whilst the gap is narrowing, Apple should realise that they really make their money from producing a product that, whilst on the leading edge of techology, is a polished design where all the parts have been carefully put together. I have a Samsung phone at the moment, and whilst there are aspects of it that are probably better than an iPhone, the whole product lacks the design harmony of its rival. The UK judge who, in dismissing Apples case, said that the Samsung product was 'not as cool' probably expressed it best.

    --

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    1. Re:Seeing both sides by Anonymous Coward · · Score: 0

      I can see that there should be limits to what can be copied and how much a rival product can simply imitate the originator.

      This would lead to a situation it would be impossible to create a good product because a competitor have chosen a solution that would be ideal for the one you are developing.
      One could argue that it shouldn't be possible to protect ideas that are obvious to anyone who tries to solve the same problem but even with that restriction it will prevent good products from being developed.
      It should never be possible for one company to restrict the usage of an idea. At most they should be entitled to some kind of royalty to prevent that companies just wait for their competition to innovate first but being first to market is often good enough to encourage innovation.

    2. Re:Seeing both sides by maroberts · · Score: 1

      If a competitor has come up with "the perfect solution" then he'/she deserves to profit from that solution. It's not desirable for one company or person to restrict the usage of an idea, but it seems the best way for inventors to be rewarded for their ideas. Setting royalties is increasingly the solution used by the courts, but the flip side where larger companies screw small inventors over because they can't afford to protect their ideas in court must be recognised.

      However I'm really saying that you're perfectly welcome to make suitcases provided you don't do literally everything possible to make it look exactly like a Louis Vuitton suitcase.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

  30. No one should! by Stickerboy · · Score: 1

    So how about companies whose expertise is not in coming up with novel ideas that don't work very well, but rather in design--taking concepts that are well known and finally making them actually work well? Clearly (considering how rarely it is done) that is often harder than coming up with the original germ of an idea. And it clearly is not risk free: there are many of examples of companies that introduced original designs, but failed because they could not compete with other companies who simply copied the designs of others.

    CORPORATIONS should not have functional, limited or unlimited monopolies on DESIGN any more than you should have to pay a tax on buying a knife that cuts because it is sharp. We need to STOP this destructive meme that once you do something innovative (NOT inventive) you should be continually rewarded in the future for that!

    In design, there are the good designers, and then there are the rock stars. Do you notice no one in fashion is bothering to patent the "look and feel" of this season's clothing lines, or suing the inevitable cheaper knockoffs? The rock stars, the industry leaders, are already moving on to the Next Big Thing. This is how design is supposed to work - innovate, be rewarded handsomely, and then move on to your next project! The designers of the iPhone or iPad are never going to hurt for work again - it doesn't matter how many knockoffs come later. The CORPORATION may go under if it sits on its laurels, but that is what is supposed to happen! If Apple is losing ground because their newer iPhones have less and less about them to justify their profit margins, then the answer is for them to innovate again, with something that consumers will find worth rewarding them for again, or die. Hint: adding 4G functionality to your next iPhone iteration probably doesn't qualify.

    --
    Light a fire for a man and he'll be warm for a day. Light a man on fire and he'll be warm for the rest of his life.
    1. Re:No one should! by Anonymous Coward · · Score: 0

      What you fail to realize is that in the fashion industry there are no design patents, there are only trademarks. This is why you'll see purses that are plastered with their logos all throughout the design (think D&G or LV); the more presence a trademark has in the design, the harder it is for someone to "legally" make a knockoff. That is why no one is patenting the "look and feel," it is because the law has ruled that fashion designs cannot be patented.

      What is interesting is that the precedent that fashion designs cannot be patented has not stagnated innovation at all. As you noted, companies are still innovating and striving for creating the next trend. Even more interesting, the high-end innovators and trendsetters are not at all affected by the low-end knockoff apparel industry. Apparently, the people who buy $20 knockoffs in back alley transactions are not the target market for high-end thousand dollar purses! The people who buy $10 American Eagle shirts are not the same target market as those who spend $40 on an Abercrombie shirt.

      Even when given identical designs, people are willing to pay more money for the better quality and more prestigious trademark. As a result, the companies that knockoff and the companies that innovate can work in harmony, both succeeding and reaching different markets.

  31. If the headline... by closer2it · · Score: 2

    If the headline is a question, then the answer is no... oh... nevermind.

  32. Poor understanding of IP categories by Theaetetus · · Score: 5, Insightful

    If you go back to the mid-1990s, there was their famous "look and feel" lawsuit against Microsoft. Apple's case there was eerily similar to the one they're running today: "we innovated in creating the graphical user interface; Microsoft copied us; if our competitors simply copy us, it's impossible for us to keep innovating." Apple ended up losing the case.

    ... I've used Apple as the example here because it's illustrative in showing how innovation hasn't been stifled over time even when the patent system hasn't ruled in their favor as a patent owner.

    The Apple v. Microsoft case was on copyright, not patents. Specifically, the court ruled that:

    Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]...

    and look-and-feel simply isn't covered there.

    With that distinction and proper categorization in mind, the article misses a crucial difference between the 1990s and today: Apple made a significant push to protecting its designs with patents. The lack of such protection almost killed Apple in the 1990s, and its with that protection now that Apple is well on its way to being the largest company ever.

    1. Re:Poor understanding of IP categories by Nerdfest · · Score: 2

      The lack of such protection almost killed Apple in the 1990s

      I disagree. I think an operating system that was cheaper, more open, and had a better variety of hardware killed them. People rememberd what it was like when IBM was in Apple's position and they didn't like it. Most people these days don't remember that, but I'm guessing some of them are finding out why it's a bad thing.

    2. Re:Poor understanding of IP categories by Anonymous Coward · · Score: 0

      The lack of such protection almost killed Apple in the 1990s

      I disagree. I think an operating system that was cheaper, more open, and had a better variety of hardware killed them. People rememberd what it was like when IBM was in Apple's position and they didn't like it. Most people these days don't remember that, but I'm guessing some of them are finding out why it's a bad thing.

      Yeah, Windows 95, that model of "openness".

    3. Re:Poor understanding of IP categories by Anonymous Coward · · Score: 0

      Yeah, Windows 95, that model of "openness".

      That model allowed things like Linux to thrive, so it certainly wasn't entirely bad.

      It was also vastly better than the proposed alternative: IBM patent-locked hardware, which would have kept PCs out of the server room.

    4. Re:Poor understanding of IP categories by AdmiralWeirdbeard · · Score: 1

      i was trying to explain this whole situation to some tech-savvy, but law-ignorant friends a couple weeks ago. to people with such a background, the very notion that designing hardware in such a manner that the public has clearly decided is cool should somehow be illegal just because someone else did it first is stupid. after explaining design patents, they decided it was actually 'fucking stupid.'

      and really, i have to agree. trade dress exists explicitly to prevent design elements from being appropriated to such a degree that the public is confused. Apple has invested a lot of money in design, and creating a very particular sense of cool in their products. and they should be allowed to profit from that investment... by selling their products. And if people were buying samsung phones or tablets thinking they were iphones or ipads, that would be one thing, but i have trouble believing a reasonable person would make that mistake. Apple makes Cool Products, but i really have trouble with the notion that Coolness could be an invention deserving of patent protection

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    5. Re:Poor understanding of IP categories by Theaetetus · · Score: 1

      trade dress exists explicitly to prevent design elements from being appropriated to such a degree that the public is confused. Apple has invested a lot of money in design, and creating a very particular sense of cool in their products. and they should be allowed to profit from that investment... by selling their products. And if people were buying samsung phones or tablets thinking they were iphones or ipads, that would be one thing, but i have trouble believing a reasonable person would make that mistake.

      Ah, but people do make that mistake. Samsung's lawyers famously made that mistake when they couldn't tell apart the Galaxy Tab and an iPad, and during this trial, there have been documents identifying people returning Galaxy Tabs that they thought were iPads during their initial purpose. Now, I will concede that (a) those people may be morons, and (b) it's probably not a statistically huge amount, but nonetheless, the confusion is real.

      Additionally, trade dress and design patents are a lot alike, as you note, covering the aesthetic or ornamental features of something, but with one very important distinction:

      • Design patents must be new and nonobvious, but that's it.
      • Trade dress must be distinct and recognizable as identifying the source of a product, but that's it.

      In other words, you can get trade dress protection over the color pink, if you're Corning and make insulation, because while "pink" is neither new nor nonobvious, it is immediately recognizable as associated with their rolls of insulation.
      Conversely, if you're a small and new video game developer - say, Drinkbox Studios - you probably can't get trade dress protection because the consuming public doesn't recognize you. Hell, most of them probably haven't even heard of you. So if a big developer like EA wanted to spin off their "Drinkbox Games" division, you wouldn't have much recourse. But you could get a design patent on your new, nonobvious logo.

      So, basically, yes, they overlap, but trade dress protects well established brands (and is part of the reason why it lasts forever), while design patents don't care about establishment and merely protect new and nonobvious designs (which is part of the reason why they only last 14 years). Design patents therefore protect smaller companies and individuals, and abolishing them would let big companies simply copy their style.

    6. Re:Poor understanding of IP categories by AdmiralWeirdbeard · · Score: 1

      Ah, but people do make that mistake. Samsung's lawyers famously made that mistake when they couldn't tell apart the Galaxy Tab and an iPad

      well, yeah, that attorney kinda fucked up a bit. at the same time, it was at a distance. *shrug* my take on it is that if you put the two in a situation where the distinguishing features are minimized (home button vs android soft buttons, thickness, trim, the whole back) are minimized, then, yeah, they're going to look similar. but if that similarity is basically 'rectangular tablet with rounded corners,' then so what?

      Conversely, if you're a small and new video game developer - say, Drinkbox Studios - you probably can't get trade dress protection because the consuming public doesn't recognize you. Hell, most of them probably haven't even heard of you. So if a big developer like EA wanted to spin off their "Drinkbox Games" division, you wouldn't have much recourse. But you could get a design patent on your new, nonobvious logo.

      So, basically, yes, they overlap, but trade dress protects well established brands (and is part of the reason why it lasts forever),

      i understand your point as to the acquisition of secondary meaning favoring established products, but your analysis rather confuses trade dress, trade name, and trademark. Your example of corning insulation is on point because it is only trade dress in products that requires secondary meaning in order to establish distinctiveness. Drinkbox Studios doesn't strike me as being relevant. First, Drinkbox would be protectable under trademark. If Drinkbox Studios registered the name with their trademark, rather than simply the trade name with their state of incorporation, and used it in trade before EA tried to spin off a Drinkbox Games, then EA trying to use Drinkbox games could be nothing but confusingly similar. Second, most of the ip in a video game is copyright. The story, the artwork, the code - all copyright. characters, if they are sufficiently unique, too. Third, the visual aspect of trademarks, logos, are almost always inherently distinctive, in fact are much stronger when they are. that is why when we say 'logo' we think of some distinctive graphic, not just a block of text with a business name. While a mark is even stronger with secondary meaning, nothing is preventing Drinkbox Studios from having an ironclad mark simply by designing and registering an inherently distinctive logo with the USPTO.

      but i do take your point with regards to product trade dress. if some small company spent a whole bunch of their budget making their product super cool, then a larger company came along and copied those non-functional design elements that made it cool, then sold it to a larger market, before the smaller company's product had time for those elements to become identified with it - that would indeed be unfair, and outside the protection of trade dress. but i really dont think that that translates into the need for an intellectual property right in creating a market for cool.

      --
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    7. Re:Poor understanding of IP categories by Jonner · · Score: 1

      If you go back to the mid-1990s, there was their famous "look and feel" lawsuit against Microsoft. Apple's case there was eerily similar to the one they're running today: "we innovated in creating the graphical user interface; Microsoft copied us; if our competitors simply copy us, it's impossible for us to keep innovating." Apple ended up losing the case.

      ... I've used Apple as the example here because it's illustrative in showing how innovation hasn't been stifled over time even when the patent system hasn't ruled in their favor as a patent owner.

      The Apple v. Microsoft case was on copyright, not patents. Specifically, the court ruled that:

      Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]...

      and look-and-feel simply isn't covered there.

      With that distinction and proper categorization in mind, the article misses a crucial difference between the 1990s and today: Apple made a significant push to protecting its designs with patents. The lack of such protection almost killed Apple in the 1990s, and its with that protection now that Apple is well on its way to being the largest company ever.

      While patents and copyrights are usually quite distinct, they overlap significantly in this case. Specifically, design patents are not obviously different from copyrights to non-lawyers. More importantly, the the question TFA asks is whether "copying" is good or bad for the industry in general not whether it's good or bad for Apple. Patent law does not exist for the benefit of Apple or any other company in existence but for the benefit of society in general. If a company can not continue to be profitable under a system designed to promote innovation, it should either learn to innovate better or go out of business.

    8. Re:Poor understanding of IP categories by Theaetetus · · Score: 1

      While patents and copyrights are usually quite distinct, they overlap significantly in this case. Specifically, design patents are not obviously different from copyrights to non-lawyers.

      Not sure why, though. Design patents are not very different from trade dress. Copyright, however, is entirely different.

    9. Re:Poor understanding of IP categories by Jonner · · Score: 1

      While patents and copyrights are usually quite distinct, they overlap significantly in this case. Specifically, design patents are not obviously different from copyrights to non-lawyers.

      Not sure why, though. Design patents are not very different from trade dress. Copyright, however, is entirely different.

      It seems you've weakened your argument by pointing out yet another type of legal protection distinct from patents, trademarks and copyright that seems to overlap with them significantly. AFAIK, Apple isn't even bringing up trade dress in these lawsuits. I had never heard the term before and I'd guess the vast majority of non-lawyers have not heard it either so it could easily be used as an example of how far legal protection for products has diverged from everyday life and common sense.

    10. Re:Poor understanding of IP categories by Theaetetus · · Score: 1

      It seems you've weakened your argument by pointing out yet another type of legal protection distinct from patents, trademarks and copyright that seems to overlap with them significantly.

      Not at all. As your linked Wiki notes, trade dress is covered by the Lanham Act, which is the Federal trademark act. Trade dress is similar to a trademark, except that the trade dress covers distinct look and feel as opposed to a specific symbol, word, or logo. For example, ever notice how every McDonald's looks the same? That's distinctive trade dress. You can't build a restaurant called "Burger Palace" and use that specific set of arched windows, brick exteriors, mustard yellow seating, etc., etc., that would lead someone to glance at it and say "Hey, look, a McDonald's."

      AFAIK, Apple isn't even bringing up trade dress in these lawsuits. I had never heard the term before and I'd guess the vast majority of non-lawyers have not heard it either so it could easily be used as an example of how far legal protection for products has diverged from everyday life and common sense.

      Simply because you've never heard of something and didn't bother reading the wiki you linked to about it doesn't mean it doesn't exist. There are more things in Heaven and Earth, Jonner, than are dreamt of in your philosophy. For example and contrary to as far as you knew, Apple's complaint expressly mentioned trade dress infringement:

      As alleged below in detail, Samsung has made its Galaxy phones and computer tablet work and look like Apple’s products through widespread patent and trade dress infringement. Samsung has even misappropriated Apple’s distinctive product packaging.

      The specific section starts on page 8.

  33. Well... by multicoregeneral · · Score: 1

    It's arguable that Apple has ever innovated in the first place. Steve Jobs used to brag about how he was the best thief in the industry. And to his credit, he was. He even went so far as to fly the Jolly Rodger above Apple headquarters.

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    This signature intentionally left blank.
    1. Re:Well... by tlhIngan · · Score: 2

      It's arguable that Apple has ever innovated in the first place. Steve Jobs used to brag about how he was the best thief in the industry. And to his credit, he was. He even went so far as to fly the Jolly Rodger above Apple headquarters.

      Technically, that is correct from a technology sense. Apple never innovated too much in technology - they usually purchase technology.

      What Apple does do is innovate in making technology usable. If you want a really technically advanced phone, Japan sells 'em with hundreds of features that we've not thought of, heard of, or could find a use for. Of course, it would have a crap UI filled with pages and pages of tiny icons representing said features, and each feature would have dozens more cryptic icons to configure it.

      It's where Apple tends to be - they aren't at the forefront of technology (and never have been), however they are the ones who are putting emphasis on stuff that others aren't. UI, systems integration, etc.

      Take the iPod - it wasn't the best player out there, but it incorporated stuff to make it usable. Putting music on it was a simple and quick process, and iTunes helped automate the whole process of taking your existing CDs and dumping it on. Add to that a scroll wheel and you have a compelling package. Scroll wheels, firewire, CD rippers, they all existed before the iPod, it's just the combination of them and the one-click nature of the use case made it really popular. No more "OK, put CD in drive and start ripper, then modify the file names to conform with blah, plug in your device (over serial/parallel or USB 1.1), then run this other program, import the files you ripped, then click sync".

      Of course, it's this part of the innovation that gets lost in the mix, and it's actually very difficult to get this sort of protection as most people consider the UI, man-machine interfaces, human-factors, etc., to be completely orthogonal to innovation and an afterthought.

      I mean, how many people think designing a website is easy? Once you add how users will try to see it, it gets nasty, quick. Or UIs - it's easy for a programmer to come up with a UI, but a useful one is much harder, especially ones aimed at people who are not programmers and don't get how programmers think.

  34. The great Steve? by Anonymous Coward · · Score: 0

    If he has eMail down there, prepare for a strongly worded one, samsung...

  35. Welcome to the Pirate Party, James by a_n_d_e_r_s · · Score: 5, Insightful

    The Pirate Party here in Sweden been arguing just these points for a long time now. Innovation is not happening in a vacuum. Great ideas inspire others to come up with even greater ideas. By sharing the information and sharing the data others can look at it and improve it and the speed of research will increase.

    The patent system is not something that foster innovation. Its is something that hinder innovation. Remove it

    Also the billions of money going to patents trolls and feeding lawyers to hand patents could be instead used to invest in research to further the science of mankind.

    --
    Just saying it like it are.
    1. Re:Welcome to the Pirate Party, James by Anonymous Coward · · Score: 0

      "Show me the Money"

      Innovation can't exist without Money. It is a flawed concept. No investment return == No investment == No money to pay those that innovate.

      I'm all for Open, but even Open project like Apache stand on the feet of companies that HAVE to make money some how.

    2. Re:Welcome to the Pirate Party, James by king+neckbeard · · Score: 1

      What's your point? Legal monopolies are the least efficient way of allocating resources. If we are going to give handouts because free markets can't get adequate returns on their own (something that doesn't really have good evidence), do it directly by subsidizing R&D.

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    3. Re:Welcome to the Pirate Party, James by vakuona · · Score: 1

      So besides "legal monopolies", what would you rather have?

    4. Re:Welcome to the Pirate Party, James by pipedwho · · Score: 1

      Competition in the marketplace?

    5. Re:Welcome to the Pirate Party, James by king+neckbeard · · Score: 1

      Free competition. If that is inadequate, direct funding of R&D. Try reading my post next time.

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    6. Re:Welcome to the Pirate Party, James by Cederic · · Score: 1

      Innovation can't exist without Money.

      Bullshit. Utter fucking tosh and nonsense.

      You want proof? Here's a proof for you:

      I have no money. I need money. If only I could come up with some new way of making it. I know, I'll innovate.

      Oh look. If anything, lack of money forces innovation.

    7. Re:Welcome to the Pirate Party, James by vakuona · · Score: 1

      And how do we decide what is worthy of R&D?

      Do you really want government picking winners and losers in the "market". Are you sure you want a patronage system and the corrupt system that entails.

      Competition is good. But we need to reward those who put in effort without any guarantee of a good return on their investment of time. Giving them a monopoly on their invention is surely the simplest way of rewarding them without relating a patronage system.

      If you are arguing that the length of the monopoly is excessive, then I might agree with you.

    8. Re:Welcome to the Pirate Party, James by king+neckbeard · · Score: 1

      And how do we decide what is worthy of R&D?

      Through nationalized systems like the CPB and NIH. Keep in mind, even with a budget of $0, it's better than legal monopolies, because they actually reduce the rate of innovation.

      Competition is good. But we need to reward those who put in effort without any guarantee of a good return on their investment of time. Giving them a monopoly on their invention is surely the simplest way of rewarding them without relating a patronage system.

      Except for the problem of it not working. Legal monopolies have a net negative effect.The free market mops the floor with them. Supporting legal monopolies is like supporting medicine based upon balance of humours. It has no business in this century.

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  36. Sure... Here you go. by logicassasin · · Score: 4, Informative

    http://www.wired.com/thisdayintech/2009/08/dayintech_0806/
    http://www.businessinsider.com/apple-comeback-story-2010-10?op=1
    http://macdailynews.com/2009/04/14/steve_jobs_engineered_apples_resurrection/
    http://www.businessweek.com/magazine/the-return-19972011-10062011.html
    http://news.cnet.com/2100-1001-202143.html

    I could go on forever on this one. It's very well documented that in 1997 Apple was extremely close to bankruptcy (some speculate days away) when Steve Jobs, then brought back to Apple as an "interim CEO", negotiated with Bill Gates to have Microsoft invest in Apple to the tune of $150M.

    --
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    1. Re:Sure... Here you go. by symbolset · · Score: 4, Informative

      BTW, that Microsoft investment in Apple is what makes the fine summary untrue. Apple actually won that case on the style of the trashcan and folder icons. Instead of pursuing it further in 1994 there was a settlement deal made with a cross-license of all patents, that investment, Office for Mac, IE the default Mac browser, and some other things. It was not some open-handed Gates charity gesture at all.

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      Help stamp out iliturcy.
    2. Re:Sure... Here you go. by Anonymous Coward · · Score: 0

      An investment that gave Microsoft access to the Apple labs for 5 years. Look it up in the Apple Annual report, refers to Schedule B, which is not available. Even with that access MS couldn't keep up.

    3. Re:Sure... Here you go. by mattr · · Score: 1

      I remember it well. And Windows got Quicktime. And I discovered they didn't actually port the entire library, which was shall we say interesting when I decided to try and use it as a porting layer for a WYSIWIG industrial page layout program. Which actually worked (most of it was there) but would have been much easier if it was a serious job and not the product of a legal agreement.

    4. Re:Sure... Here you go. by R3d+M3rcury · · Score: 1

      Well, keep in mind, that's the press. Not necessarily reality.

      Think back to that quote from Sneakers. Apple's problem was that they were going out of business because everybody knew they were going out of business. The press was saying it, the analysts were saying it, so it must be true.

      If you're a potential Apple customer, would you buy a computer from a company that everybody knew was going out of business? If you're an Apple supplier, are you going to give good credit terms to Apple? After all, they're going to go out of business any day now you'll be left holding the bag. You may get 10 cents on the dollar in bankruptcy court.

      Apple had plenty of cash. Part of the problem was that they were having to spend it. A story I heard was that Motorola wouldn't even give them better than NET30 for CPUs. Don't know if it's true or not, but I wouldn't be surprised. Everybody knew that Apple was doomed and nobody wanted to be left holding the bag.

      Apple partisans will be quick to point out that the $150 million in stock that Microsoft bought was a drop in the bucket. They may be right. But the amount wasn't important. It was the perception: Microsoft will bolster Apple in order to keep up the appearance of competition. The suppliers see that Apple isn't going out of business, so they don't have to worry about not getting their money. If all else fails, Microsoft will buy Apple and they'll get paid.

      In July of 1997, I was just returning from a vacation in Southeast Asia. I'd pretty much been incommunicado for the previous two weeks. I get on the airplane, pick up my copy of the Asian edition of the Wall Street Journal and the headlines pretty much said just that (as a Mac developer, I almost had a heart attack). As I read the article, I figured out what really happened and breathed a sigh of relief. But if you just read the headline, you'd believe that Microsoft bought Apple for $150 million.

    5. Re:Sure... Here you go. by nine-times · · Score: 1

      I don't know that if the reason is as simple as blaming a court case or a patent system, but Apple certainly did suck for a while. Looking at Apple's products before Jobs' return, they were stagnant. The security was terrible, their OS couldn't really handle virtual memory. In general, nothing had seen a substantial upgrade in several years.

      A lot of people blame the past CEOs for Apple being stagnant and credit Jobs for the turn-around, and though I'm sure it's not quite that simple, there's probably some truth to it. However, they were definitely stagnant, and I don't know how someone who lived through those years and remembers them can claim otherwise.

    6. Re:Sure... Here you go. by Anonymous Coward · · Score: 0

      I always wondered why he went to Microsoft for this? I'm sure any number of other individuals or banks would've
      backed SJ and Apple.

    7. Re:Sure... Here you go. by Anonymous Coward · · Score: 0

      Considering Microsoft's pockets, couldn't they have dragged it on through the courts if they wanted accelerated their bankruptcy? I suppose Gates doesn't take it all so personally compared to how Jobs did.

    8. Re:Sure... Here you go. by symbolset · · Score: 2

      They dragged it through the courts, all the way to the Supreme Court. They gave it all they could. But when it's over, it's over.

      --
      Help stamp out iliturcy.
  37. Re:It's a blood feud by UnknowingFool · · Score: 4, Informative

    Jobs was hell bent on stopping Android because he believed Google copied from them. At the time Schmidt sat on the board of Apple and was given advance early looks at the iPhone. As Android started to look more like iOS, Jobs was starting to believe that it wasn't a coincidence.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  38. Two Words by kenp2002 · · Score: 1

    Intellectual Sharecropping

    "If we cannot own people, we'll own their thoughts and charge them for the privilege of thinking."
    "The chains of bondage can be forged from more then iron and steel."
    "Imagination is a dangerous force that allows people to dream of a better world without us."
    "The most important factor in tyranny is to ensure a high cost of challenging it."

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Two Words by Anonymous Coward · · Score: 0

      -1 Asshole for quoting Ayn Rand

  39. Re:It isn't very easy to tell an original from a c by acroyear · · Score: 4, Interesting

    The UK lost out because at a certain point, the innovations necessary to continue to progress required more and more specialized technical education. The British University system was simply not set up to handle that. It was designed to turn the sons of Lords into Lords, and the upper middle-class into educated Lordly-like young men, optimized for leading business, but NOT in leading technical innovation (or military strategy, for that matter). Such a hands-on education was beneath them.

    In addition, they always felt they didn't need such innovation in re-inventing that which they already had because of their extensive colonial might. Why invent a blue dye and undercut the price tag you were already commanding by being able to bring in the dye from the east-asian source?

    Germany, on the other hand, spent most of the last decades of the 19th century realizing that trade schools, which the British wouldn't invest in, were precisely the means by which Germany could catch up to the rest of the world. German innovation happened most in the field of chemistry, where they were more and more able to invent (from coal and coal tar) products that could make up for places they lacked both colonies or military power. The process for sodium-nitrates alone (originally to be a fertilizer) produced enough explosives to preserve the German army for years through WW1.

    --
    "But remember, most lynch mobs aren't this nice." (H.Simpson)
    -- Joe
  40. Seriously? by rebelwarlock · · Score: 1

    Whether you think these cases are a waste of time or not, "who cares" is an ill informed attitude. In fact, you're getting into intentional ignorance territory. "Who cares" isn't how the legal system works, or really, any system.

    1. Re:Seriously? by king+neckbeard · · Score: 1

      The point being made is that it doesn't matter whether or Samsung is copying. What matters is whether or not said copying will reduce the amount of useful innovation we have, and the answer is quite clearly that it won't, and will, in fact, probably lead to a greater rate of innovation.

      --
      This is my signature. There are many like it, but this one is mine.
  41. CopyCats by ElitistWhiner · · Score: 1

    There is no irony lost on the fact that Apple have chosen rare and select species of feline names (SnowLeopard, LION, MountainLION...) for product innovation. AAPL do not reproduce household variety cats...and that speaks to the heart of this case.

    An inventor and ex-NeXT developer who has been inside the innovation washing machine, this media tasty trial is _the_ most important decision in post modern economics. Are all cats created equal as SAMSUNG would have you believe or are their rare and protected species that are endangered and lynchpins in the ecosystem of global commerce?

  42. The lawsuits are much ado about nothing by hsmith · · Score: 1

    Apple, Samsung, et al all have huge legal departments. These legal departments have to do something to ensure that they get paid large sums of money.

    What a better way than mutual patent infringement lawsuits that tie them up in court battles for years?

    Job security, nothing more!

    1. Re:The lawsuits are much ado about nothing by Kupfernigk · · Score: 1

      Years ago I worked for a US conglomerate that was founded by a few good old boys from the Midwest. Legend has it that after they grew, one of them was walking round the new HQ and came across a vast suite for the legal department. When told what it was, he asked "What do we need all these lawyers for"? So someone investigated...and pretty soon there was a lot of empty space in that suite. Lawyers on the payroll multiply during the rare large cases, and then try and justify their salary when the big case is over. Pretty soon you have lawyers who are, basically, just touting for internal business.

      --
      From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  43. TED Talk on innovating without copyright by quietwalker · · Score: 5, Insightful

    ... in this case for the fashion industry, but hey, it's interesting and relevant:

    http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html

  44. Execution, not innovation by Andrio · · Score: 5, Insightful

    "Innovation" is rarely little more than just a buzzword. The truth is that Apple rarely "innovates" (That's not an insult) At least not in the big picture. What Apple is good at is the *execution*.

    Apple didn't invent the MP3 player, they just made it better than most others, and marketed the hell out of it.
    Apple didn't invent high-end laptops, they just made them better than most others, and marketed the hell out of them.
    Apple didn't invent the smartphone, they just made it better than most others, and marketed the hell out of it.
    Apple didn't invent the tablet, they just made it better than the others, and marketed the hell out of it.

    That's why they're so threatened by Samsung. Because Samsung is doing the same thing. Samsung didn't invent the "iPhone," they just made it better. Just like they didn't invent the "iPad," they just made it better too.

    --
    The Internet King? I wonder if he could provide faster nudity.
    1. Re:Execution, not innovation by ahankinson · · Score: 4, Insightful

      Except they didn't. In what way did Samsung make a better tablet than the iPad?

      Samsung was not interested in making a better iPad or iPhone. They were interested in riding the wave of Apple's success, and hoping to score some cheap marketing by making their products nearly identical to Apple's.

    2. Re:Execution, not innovation by hillbluffer · · Score: 1

      The "marketed the hell out of it" part is REALLY what Apple's good at. Steve Jobs was one of the best salesmen this planet has ever seen. Only Ron Popeil was better.

    3. Re:Execution, not innovation by Fippy+Darkpaw · · Score: 1

      Does the same thing + cheaper = "better"

    4. Re:Execution, not innovation by Quiet_Desperation · · Score: 1
    5. Re:Execution, not innovation by samboneym · · Score: 1

      Except they didn't. In what way did Samsung make a better tablet than the iPad?

      Samsung was not interested in making a better iPad or iPhone. They were interested in riding the wave of Apple's success, and hoping to score some cheap marketing by making their products nearly identical to Apple's.

      There's absolutely no evidence (or reason to at all) to believe the rhetoric that Apple has always valiantly been interested in making better products whereas Samsung is some sort of degenerate company both incapable and unwilling to produce a better product that customers might want to buy.

      This statement can only be believed if you already have these prejudices. Why wouldn't Samsung want to produce a better product to capture market share in a rapidly growing market segment? On top of that there is plenty of evidence that Samsung is producing phones and tablets that have received extremely favourable reception, in some cases being touted as being better than the equivalent Apple product.

    6. Re:Execution, not innovation by Nemyst · · Score: 2

      Samsung was not interested in making a better iPad or iPhone.

      Indeed, they just made a good phone instead. That minimalistic designs look similar to one another is a flaw of that kind of design.

      Only in tech does this kind of behavior warrant lawsuits all over the damn place.

    7. Re:Execution, not innovation by Kartu · · Score: 2

      Apple matched Galaxy Tab 10.1's color gamut only with iPad 3.
      Galaxy Tabs are also much more comfortable to hold in hand than iPad 2 or 3.
      If you don't care about draconian restricitons on accessing your own device, one could argue that iPad's "smoothness" is still unmatched by Android and hence they are inferior to iPads despite being lighter etc. However Galaxy SIII phone is superior to iPhone in every way.

      And last time I've checked, Samsung sold twice as many smartphones as Apple, so not sure if they're still riding wave of Apple's success or their own.

    8. Re:Execution, not innovation by Anonymous Coward · · Score: 0

      This is just wrong. You're confusing innovation with category creation and they're not the same. Creating a new category of product (such as an MP3 player) can be innovative. But even if Apple didn't create the MP3 player, they came up with an innovative design for one. So your premise that "Apple rarely 'innovates'" is simply false.

    9. Re:Execution, not innovation by nine-times · · Score: 1

      > "Innovation" is rarely little more than just a buzzword. The truth is that Apple rarely "innovates" (That's not an insult) At least not in the big picture. What Apple is good at is the *execution*.

      I take your point, but to some degree it raises the question in my mind, "What is innovation?" All ideas come from somewhere. For the most part, new technologies are a bunch of old technologies bundled together with a twist. Every now and there, there's something that's pretty original, but mostly not.

      I could see an argument that Apple's process of "they just made it better than the others," is actually innovation. Generally, what Apple does in "making it better than the others" is not simply about quality. What makes the iPad "better" (or at least more successful) than past tablets is not build quality or OS stability, but that they reframed the concept of a tablet, and released something with a different design and feature-set. The iPad was a different sort of tablet than what came before, and it had a different market.

      The same could be said of the iPod. In fact, what was noteworthy about the iPod on release was that it was clearly *less* feature-rich than many of its competitors, leading to the famous quote, "No wireless. Less space than a nomad. Lame." However, they focused on pushing an efficient and simple UI, providing good syncing software, and keeping the physical design very small. It was not at all technologically innovative, but it was arguably an innovative design. It certainly wasn't the sort of design that other manufacturers were focused on.

      Similarly with the iPhone, at the time it was released, it was not remotely like other smartphones at the time. Though I don't support Apple's lawsuit, they do have a point that they drastically changed the smartphone market, and that other companies copied them. When you look at the smartphones before the iPhone, it was drastically different. You had tiny crappy little screens and everything had a physical keyboard. Touch screens had tiny elements and relied on a stylus, and nobody was really using multi-touch. (Look at the Motorola Q or Palm Treo for reference) Smartphones were marketed to geeks and road warrior business-types, and not consumers. In fact, I know many people in the cell phone industry who believed that the iPhone would fail because they didn't believe there was a consumer market for a flashy simplified smartphone. Since the iPhone was released, the smartphone market has turned around and most smartphones look, to varying extents, like iPhone clones.

      So are they innovative? I don't know. They're not necessarily developing entirely new technology, but then who is? However, they seem to the company that's developing a vision for where the computer/smartphone designs should go, and everyone else is trailing along behind, copying.

    10. Re:Execution, not innovation by Anonymous Coward · · Score: 1

      Except they didn't. In what way did Samsung make a better tablet than the iPad?

      Samsung was not interested in making a better iPad or iPhone. They were interested in riding the wave of Apple's success, and hoping to score some cheap marketing by making their products nearly identical to Apple's.

      How did this get upmodded?

      Samsung 10.1 (released shortly after Ipad 2) has a better processor, a bigger AND better display, better camera, better video format support, better audio format support, ALWAYS comes with a GPS, has a bigger battery, AND is lighter?

      So again, how did this get upmodded?

    11. Re:Execution, not innovation by Darinbob · · Score: 1

      Also Apple purchased companies that made these things. In-house they made the Macintosh line, almost everything else was developed elsewhere and then purchased and refined.

    12. Re:Execution, not innovation by farble1670 · · Score: 1

      if samsung's products are inferior, they will lose in the market. some people will get bamboozled and believe misleading marketing, but in this age, that can't go on for long. information about products is spread like the wind.

      if by "riding the wave of apple's success" you mean selling products that people are interested in, then yes, they sure are. i guess you expect that since apple started the smartphone and tablet craze, all others should be barred from entry to that market? all apple did was make better, cheaper copies of what other companies have already produced. that doesn't give them exclusive rights to the market.

  45. Manufacturing strawman by sjbe · · Score: 5, Informative

    If we hardly manufacture anything now and IP is our primary "resource"...

    Strawman argument. The US has a $3.7 TRILLION manufacturing sector and it is growing. Just in case that isn't clear, measured by value the US has manufactures more than any other country in the world by a wide margin. By itself the US manufacturing sector would be in top 5 economies in the world. The notion that "we don't manufacture anything anymore" is complete nonsense. The only change is that products with a high proportion of labor cost (labor intensive) are now manufactured where labor is cheaper. However a huge number of products have a low proportion of labor cost (capital intensive) and those are made here. We manufacture automobiles, airplanes, pharmaceuticals, agriculture products, chemicals, integrated circuits, and much much more. The death of US manufacturing has been greatly exaggerated.

    The change in manufacturing in the US is that it is evolving somewhat like farming did 100 years ago - fewer workers as a percent of population but producing more. As a proportion of the population manufacturing jobs are going to continue to decrease for some time. That does not mean that the US will cease being a manufacturing powerhouse however.

    1. Re:Manufacturing strawman by Anonymous Coward · · Score: 0

      That does however mean we need a lot less people, or a lot more welfare.

    2. Re:Manufacturing strawman by rtfa-troll · · Score: 1

      Strawman argument. The US has a $3.7 TRILLION manufacturing sector and it is growing. Just in case that isn't clear, measured by value the US has manufactures more than any other country in the world by a wide margin.

      Google does not seem to agree. Even if it's true in some sense surely that's because the same product gets a higher value coming out of a US factory gate than it would from a Chinese one. Can someone who seriously understands these things look up "Phantom GDP Growth" which was first covered in Businessweek and give us some real way to understand these numbers in terms of actual products produced?

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    3. Re:Manufacturing strawman by Anonymous Coward · · Score: 1

      If this is true, why do we run such a large trade deficit?

    4. Re:Manufacturing strawman by AwesomeMcgee · · Score: 1

      No, it just means that lots of people will be scrubbing toilets instead of doing well-paid manual labor, while a minority of people will be reaping the benefits of enormous production increases through automation (the owners and managers of the companies whose production is automated).

      This isn't the wrong approach nor should it be stopped, it's just going to cause a lot of problems but the correct answer isn't as many would say "de-evolve back to manual labor", if we can automate processes to increase production we should. Unfortunately it will cause problems that I don't think anyone knows how to or can fix. Just a bad situation.

    5. Re:Manufacturing strawman by rabtech · · Score: 4, Insightful

      Strawman argument. The US has a $3.7 TRILLION manufacturing sector and it is growing. Just in case that isn't clear, measured by value the US has manufactures more than any other country in the world by a wide margin. By itself the US manufacturing sector would be in top 5 economies in the world. The notion that "we don't manufacture anything anymore" is complete nonsense. The only change is that products with a high proportion of labor cost (labor intensive) are now manufactured where labor is cheaper. However a huge number of products have a low proportion of labor cost (capital intensive) and those are made here. We manufacture automobiles, airplanes, pharmaceuticals, agriculture products, chemicals, integrated circuits, and much much more. The death of US manufacturing has been greatly exaggerated.

      The change in manufacturing in the US is that it is evolving somewhat like farming did 100 years ago - fewer workers as a percent of population but producing more. As a proportion of the population manufacturing jobs are going to continue to decrease for some time. That does not mean that the US will cease being a manufacturing powerhouse however.

      This might be slightly OT but you make a good point and this is something that we, as a society, will have to deal with eventually.

      At some point in the future there won't be a need for as much manual labor as we have now. Robots/machines will eventually take over most tasks - look at Foxconn buying a million (!) robots to start converting some assembly of electronics to robotic assembly. Look at what Musk is doing at Tesla and how the cars are made almost entirely by robots.

      Either:
      Work weeks will get shorter and some form of guaranteed income (or massive increases in minimum wage) will take place, thus having the average person work many fewer hours per week for the same or much higher pay than people get now for 40 hours of work. I don't see this as a bad thing - I suspect many (if not most) first-world people would be glad to continue their current lifestyle while working fewer hours - they'd get to spend more time with their family, pursuing hobbies (including spending money on them), etc.

      Or:
      Most people are going to end up poor and unemployed (leading to a vicious downward spiral where less consumer $$$ means less economic activity, further depressing the need for output, leading to people willing to work for scraps, further putting downward pressure on economies around the world, repeat until riot/revolution). We already have a massive glut of capital, running around shoving money at anything that smells like yield (the primary driver of the financial crisis - too much cheap money desperately looking for a place to invest, though certainly not the only driver). If all the resources continue to accumulate at the top then we may end up with a brutal police state that crushes most people while a few lords live in mansions, consuming luxury goods produced by robots solely for the rich. Prices for everything would skyrocket (despite the minimal cost of production) because the money is just changing hands between the various rich factory/resource owners.

      --
      Natural != (nontoxic || beneficial)
    6. Re:Manufacturing strawman by roman_mir · · Score: 1

      1. Any number of trillions is just a measure of price valuation, it doesn't say anything about the actual productive output. What we know about prices in USA is that they are high.

      2. In USA the manufacturing is under 7%, probably under 6%. The total reported GDP is under 16 Trillion. 1% of 16 Trillion 160 Billion. 7% is 1.12 Trillion, not even your number.

      3. The trade deficit in USA is very high and has been for years. It's normally over 52 Billion per month but for June it was over 42 billion, that's because of changes in the price of oil. Now, oil prices are going up and will keep going up at this point, so the trade deficit is going to grow again. My point is that USA doesn't produce much of what the rest of the world can actually buy, so while USA does produce plenty of bullets, missiles and some heavy equipment, it's nowhere near to keep the trade balanced, so its obviously very poor at producing normal goods.

    7. Re:Manufacturing strawman by Anonymous Coward · · Score: 0

      Actually, the US's biggest export is military hardware. You get rid of that sector, and suddenly things don't look so good.

      Of course this is likely part of the motivation of the US creating wars everywhere it can.

    8. Re:Manufacturing strawman by Anonymous Coward · · Score: 0

      You miss the part where the million robots at Foxconn need an increased workforce for service and repair.

    9. Re:Manufacturing strawman by Anonymous Coward · · Score: 0

      Those figures are a load of horse shit. You just need to go into any store around the world and you will see that most things are not manufactured in the US.

    10. Re:Manufacturing strawman by Anonymous Coward · · Score: 0

      True, The greatest problem with capitalism is how to stop almost all the wealth of the nation becoming owned by just a few mega rich people. The only way is thorugh good government regulations that are well enforced, and the USA has not been doing that very well for many years now. The rich guys have succeeded in confincing our smart guys that regulation is a dirty word, and that rules that protect us should be eradicated so that competition and the markets can work more freely.

      We deserve what is coming to us because we have allowed it to happen.

  46. You can't steal from a thief by Anonymous Coward · · Score: 0

    Apple used the phone icon as evidence that Samsung copied from them. The problem is they stole the design of that handset from Bell. For Apple to steal a design then try to sue someone else who also copied the design is mind boggling.

  47. Just like the USA. Ask Charles Dickens. by Anonymous Coward · · Score: 3, Insightful

    Or, rather, check up the history of the USA and copyright/patents and especially Hollywood.

  48. Competative markets: they're pretty neat. by metrometro · · Score: 2

    > Apple ended up losing the case. But it's what happened next that's really fascinating. Apple didn't stop innovating at all.'"

    Yeah, competition is a bitch. You have to keep working. Much nicer not to have any competition - no innovation required at all. Ask Comcast about that.

    1. Re:Competative markets: they're pretty neat. by freeze128 · · Score: 3, Funny

      Yeah, competition is a bitch. You have to keep working. Much nicer not to have any competition - no innovation required at all. Ask Comcast about that.

      I tried, but I have been on hold since last Tuesday.

  49. Re:It's a blood feud by Baloroth · · Score: 4, Insightful

    Who was it again who said "Good artists copy, great artists steal"? Steve Jobs? Oh right, he stole that quote from Picasso. No it isn't ironic, he did so deliberately, but the point is: "stealing" is what artists (and tech companies, and nearly everyone ever) do. It isn't a bad thing: in fact, it's very very good. You take good ideas, and you make them better. You add competition, with some (minor) improvement, then the original creator steals back your improvement (which Apple has done plenty of), improves on that, then you steal that, and so on and so forth. You know who wins in that arrangement? Literally everyone, but especially the customers. You know who wins when you protect the original with lawyers so that no-one else can make something similar? The lawyers. Not even the original creator, in the end: just lawyers. Which is not surprising, considering lawyers also wrote the law in the first place.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  50. Re:It's a blood feud by Anonymous Coward · · Score: 0

    So, apple "steals" from open source for their opsys, and monetizes it, and now they are bent about android coming from open source and not charging for it. I get it.

    I don't think you do.

    First, you can "steal" something that is open source. They abide by the licenses in question. They have given back to existing projects (BSD, khtml/WebKit) as well as with new project (LLVM/clang).

    TANSTAAFL: when it comes to Google, what you do not pay in cash-money, you pay in your information being sent to advertisers.

  51. Copying drives innovation by Culture20 · · Score: 1

    If you can stifle copying you can become stagnant without fear of being overtaken.

  52. This... by logicassasin · · Score: 3, Informative

    Counterfeiting is about trying to pass 1 product off as another. They certainly look alike but without trying to pass it off as an apple product it can't be counterfeiting.

    There are some amazing counterfeits out there. A trip to any swap meet/flea market across the US will turn up some good (and terrible) counterfeit goods from Coach bags, Louboutin shoes, to Rolex watches.

    The Chinese have mastered the art of counterfeiting goods (and, apparently, entire companies).

    http://www.nytimes.com/2006/04/27/technology/27iht-nec.html?pagewanted=all
    http://www.reuters.com/article/2011/08/11/us-apple-china-fake-idUSTRE77A3U820110811

    While the Samsung products may have elements of the look of some Apple products, they're not counterfeit.

    --
    Fifty watts per channel, baby cakes.
    1. Re:This... by Anonymous Coward · · Score: 0

      Although, in the case of China, the "counterfeits" aren't really counterfeits. They're the real thing, but manufactured beyond the amount the designer ordered and sold at a significant discount because the Chinese manufacturers don't need to pay the designers. They're basically "stolen" designs built by the same people who build the real things in the same factories, but with no money going to the designer.

    2. Re:This... by Rakarra · · Score: 1

      The Chinese have mastered the art of counterfeiting goods (and, apparently, entire companies).

      And entire towns.

  53. In the words of Steve Jobs by Jahta · · Score: 5, Insightful

    "We have always been shameless about stealing great ideas." - Jobs, interviewed in Triumph of the Nerds on PBS (1996)

    "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." - Jobs, as quoted in Walter Isaacson's biography (2011)

    So it's OK if Apple do it, but not otherwise?

    1. Re: In the words of Steve Jobs by infinite+jester · · Score: 1

      "We have always been shameless about stealing great ideas." ... "I'm going to destroy Android, because it's a stolen product." ...

      Those statements are entirely consistent. In the first case, Jobs is talking about ideas; in the second, he is talking about the implementation of ideas. It's the difference between an artist creating original art after being inspired by another artist, and an art student painting yet another copy of the Mona Lisa.

      --
      i thought, therefore i was...
    2. Re: In the words of Steve Jobs by Jahta · · Score: 1

      "We have always been shameless about stealing great ideas." ... "I'm going to destroy Android, because it's a stolen product." ...

      Those statements are entirely consistent. In the first case, Jobs is talking about ideas; in the second, he is talking about the implementation of ideas. It's the difference between an artist creating original art after being inspired by another artist, and an art student painting yet another copy of the Mona Lisa.

      You seem to be confusing the concept "is a" with the concept "looks like a"

      Simply cloning somebody else's implementation and sticking your own badge on it is one thing. Building your own clean room implementation, which incorporates a number of existing design ideas, is quite different. In the first case, there is only one (cloned) implementation. In the second there are two distinct implementations.

      A large part of the problem with this lawsuit (and others like it) is companies contending that they have exclusive ownership of ideas, rather than a specific implementation of those ideas.

  54. Labor mobility by sjbe · · Score: 1, Insightful

    That does however mean we need a lot less people, or a lot more welfare.

    No, it means those people will do something else other than manufacturing. When this country was founded, something like 80% of the workforce was in agriculture. Now the number is something like 2%. You will note that the population did not shrink (quite the opposite in fact) and the country did not become a welfare state. There is much more to an economy than simply farming or manufacturing. Needing fewer people in those sectors means we can use the labor force productively elsewhere.

    1. Re:Labor mobility by j35ter · · Score: 3, Insightful

      No, it means those people will do something else other than manufacturing.

      Like what, being artists and/or bankers? Most service jobs today are being replaced by software or outsourced.
      Profits and wages for a small group of people have risen astronomically, while the rest is in decline!

      --
      Delta-Mike November Bravo Tango
    2. Re:Labor mobility by pspahn · · Score: 3, Informative

      Where do you live that the only things the population does is manufacture, paint, and manage money?

      A nice list provided for your reading pleasure.

      Note the lack of manufacturing, painting, and money managing on that list.

      --
      Someone flopped a steamer in the gene pool.
  55. Re:Does Apple Truly Innovate? by Thargok · · Score: 0

    You should ask them about the modern mouse cursor (as opposed to a Missile-Command style crosshair, overlapping windows, windows with shadows, identifying icons, you know all the stuff the Xerox PARC didn't have.

  56. By Inovate.... by strangeattraction · · Score: 1

    By inovation they actually mean copying their interface will force them to face competition and not be able to monopolize the market.

  57. Significant figures by tepples · · Score: 1

    How can something be 100% stable and have 2 kernel panics?

    Two kernel panics in at least 400 uses means the system is over 99.5% stable. With two significant figures, this rounds to 100%.

    With Gnome taking a bit of a dive, Unity a bit on the rise, and Metro just starting out, these are certainly interesting times. Just grab some popcorn and see what happens.

    Yeah, I've decided to run Xubuntu on my laptop so I can watch from the sidelines while eating Junior Mints.

  58. Dodging the issue doesn't help AC by logicassasin · · Score: 1

    AC said "cite sources"
    I cite sources and note that it's very well documented.
    AC says something completely unrelated.

    AC proves him/herself to be a toll.

    --
    Fifty watts per channel, baby cakes.
    1. Re:Dodging the issue doesn't help AC by Anonymous Coward · · Score: 0

      AC said "cite sources"
      I cite sources and note that it's very well documented.
      AC says something completely unrelated.

      That's not me. There are many different people who post as AC; it's a shame you don't recognize that.

      AC proves him/herself to be a toll.

      You are well named, logicassasin. You apparently have no regard for logic of any kind.

  59. And the next step was even more fascinating... by pubwvj · · Score: 3, Funny

    "it's what happened next that's really fascinating. Apple didn't stop innovating at all.'"

    What followed was even more dramatic. Microsoft, since they could get away with copying, settled for that and stopped innovating. Eventually they imploded and lost their market dominance while Apple has far surpassed them.

    I would never bother buying a Samsung as a replacement for the iPhone, iPad, iPod. Samsung has only a tiny part of the puzzle even if they totally copy Apple's hardware and software. They still lack all of the smooth integration with my laptop / desktop, the iTunes store and the enormous depth of software and other media available on the Macintosh which I use daily to get my work done.

    The point they miss is all of these pieces of hardware are just tools. Tools to let us get our work done or what ever else we're doing. All alone the simple hardware is next to nothing.

    There's another issue too. I don't trust Samsung to continue producing or supporting products. They're too wishy-washy. It is a waste of my time to change every year.

  60. Re:This case is different! by trout007 · · Score: 1

    Let's assume for a second it was counterfeiting. Who is the victim? The person who paid for the counterfeit good. Apple would be an uninterested third party.

    --
    I love Jesus, except for his foreign policy.
  61. Apple did stop innovating in the 1990's by Jerslan · · Score: 4, Informative
    "But it's what happened next that's really fascinating. Apple didn't stop innovating at all"

    That's a pretty asinine statement. Apple *did* stop innovating for a while (or at least nearly did as all attempts to innovate were dismal failures). They started copying the IBM-clone business model and started looking to outside OS's for the next-gen Mac OS. IIRC BeOS was a strong contender until Apple decided to buy NeXT and turn NeXTStep into Mac OS X. The innovation began again after they brought Steve Jobs back and he killed everything that had been done in the 1990's (after he was ousted). Apple very nearly died not long after that original trial and most analysts thought that even the second coming of Jobs wasn't going to save the company.

    All "evidence" of innovation in this article happened *after* Jobs came back when the company was at death's doorstep. Even more damning for the author is that all of that "evidence" was patented trade dress, design, and technology that Apple has successfully defended (e.g. eMachines tried to make a rip-off of the iMac and got sued by Apple, I owned one because it's what my parents bought me in High School).

    -OS X - Not really Apple's big innovation. It was their acquisition of NeXTStep that lead to OS X and the return of Steve Jobs and innovation at Apple.
    -iMac (original CRT version) - Design championed by Steve Jobs after his return, successfully sued eMachines over copying nearly exactly (even came in several bright colors, I had blue)
    -iPod - Several years *after* the company had regained some footing, IIRC several patents involved with the iPod were also successfully defended
    -iPhone - MANY years *after* the company had become a powerhouse even bigger than before

    1. Re:Apple did stop innovating in the 1990's by Anonymous Coward · · Score: 0

      This would seem to support "apple cannot innovate without Steve jobs" at least as much as it supports "apple cannot innovate without patent protection"

      Sent from my iPhone

    2. Re:Apple did stop innovating in the 1990's by Quiet_Desperation · · Score: 1

      Eh, I dabbled with Next, or NeXT or WTF ever. It has come a *long* way, baby. Win 3.1 to Win 7 type of long.

      That Objective-C is still a weird beast, though, but in a fun way, sort of.

    3. Re:Apple did stop innovating in the 1990's by Jerslan · · Score: 1

      Oh, I agree. Apple took NeXT and ramped it up, built on it, etc... The original innovation behind it however wasn't theirs, though I guess you could say that about a lot of other things. Either way, my main point was that all the innovation referred to in the article came *after* Jobs came back and rescued the company from near death.

    4. Re:Apple did stop innovating in the 1990's by Br'fin · · Score: 1

      -OS X - Not really Apple's big innovation. It was their acquisition of NeXTStep that lead to OS X and the return of Steve Jobs and innovation at Apple.

      Even worse, I believe Gil was nearly all ready to slap Macintosh Widgets atop of NeXTSTep and call it a day. I do believe it was Steve again who pushed for tighter integration and the notion of 'Carbon programs' and 'Cocoa programs' and everything looking like the same kind of bright and happy OSX Full featured application.

    5. Re:Apple did stop innovating in the 1990's by Anonymous Coward · · Score: 0

      More accurately, Apple failed to innovate successfully. They had two separate, competing OS projects running through the first half of the nineties, both were abysmal failures that would have taken years more work to reach a publishable state. The search for an external OS to buy was a result of this failure.

  62. Lets be honest here. by Shivetya · · Score: 4, Insightful

    You can only win a war when you don't pretend your not at war. By that I mean, we no longer fight wars to finish them, we fight wars with the hopes of exhausting the resources of the other side before we exhaust the support of our own people.

    If we had fought Afghanistan like we fought the Germans in WW2 it would be a lot closer to over if not. When you do not break the population supporting the other side the other side itself will never break. As it stands now, those in Afghanistan have no reason to quit fighting, they haven't really lost anything they value and those who live there are not to the point where they would put a stop to those supposedly fighting for them

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Lets be honest here. by dkleinsc · · Score: 3, Interesting

      As it stands now, those in Afghanistan have no reason to quit fighting, they haven't really lost anything they value and those who live there are not to the point where they would put a stop to those supposedly fighting for them

      The other approach (which has somewhat worked in Iraq) is to convince the population that the life provided under US occupation or a US-allied government is better than life under the other guys. For instance, the main reason that the VietCong had the slightest chance of winning in Vietnam is because their government had convinced people that they were the better choice - if they hadn't, the Vietnamese peasant population would have promptly turned in any VC in the area to the French, US, or South Vietnam.

      If it works, it kills far fewer people than, say, the Dresden bombing.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Lets be honest here. by Anonymous Coward · · Score: 0

      This makes sense until you think about it.

    3. Re:Lets be honest here. by ace37 · · Score: 1

      If we could have fought the war the same way as WWII - pure brute force, civilian casualties are acceptable, and the goal was to cripple the clearly organized semi-public military-industrial complex of the enemy nation - the US military would have caused the Afghan rivers to run red with blood and then left in less than a month. But you can't overcome an underground third world loose alliance the same way you can conquer a first world government.

      Honestly, I pity the people in Afghanistan, especially after the cold proxy war and the civil war following the Russian withdrawal in the late 1980's. Thankfully, the Afghan nation is slowly recovering due to international aid. Strange as it sounds, I admire the humanitarian benefits this war has brought to Afghanistan. I don't mean it's worth the price - perhaps, perhaps not - I'm just reflectively trying to see the glass as partly full.

    4. Re:Lets be honest here. by Anonymous Coward · · Score: 0

      the US barely fought the Germans (sure you killed a lot of civilians with bombs but that is hardly fighting) the Russians now they fought the Germans. Also if you fought Afghanistan like WW2 you would only kill civilians, the terrorists would be safe in unknown caves.

    5. Re:Lets be honest here. by Anonymous Coward · · Score: 0

      Problem is america is looking less and less like the better life. Sure you all have more money at the moment, but it's not like your going to give any to them. Sure you are this free democracy, but it's not like a measly vote ever changes anything, and the government seems to just go and do whatever it wants anyway.

  63. Have you discovered girls yet? by Brannon · · Score: 1

    Seriously.

    1. Re:Have you discovered girls yet? by bluefoxlucid · · Score: 1

      Yes and the one I was talking to last week started bitching about her iPhone being horribly slow, shitty, and stupid. That's the difference between nerds and girls: nerds go "blahblah features blahblah OS design blahblah Tegra 3" and girls go "THIS THING IS SUCH A *PIECE* *OF* *SHIT*!!!" and throw their iPhone at you.

    2. Re:Have you discovered girls yet? by Darinbob · · Score: 1

      No I haven't met one yet. But I have rolled up a female night elf.

  64. What has Google ever invented? by Brannon · · Score: 2

    Using that type of analysis, then no company has ever invented anything. Everything is just some tweak or combination of existing technologies.

    Seriously, name a single invention.

    1. Re:What has Google ever invented? by Murdoch5 · · Score: 1

      A real invention just means you that you came up with something new or interesting, everything I know from Apple is just a new play on a theme with a white apple sticker put on top.

    2. Re:What has Google ever invented? by Anonymous Coward · · Score: 0

      All the stuff mentioned above are inventions, it's just they weren't invented by apple. I'm sure explosives existed before gunpowder, but it's still a note worthy creation.

  65. No one has ever invented anything. by Brannon · · Score: 0

    They just made it better. Name a single invention.

  66. That's what I expected. by Anonymous Coward · · Score: 0, Insightful

    http://www.wired.com/thisdayintech/2009/08/dayintech_0806/
    http://www.businessinsider.com/apple-comeback-story-2010-10?op=1
    http://macdailynews.com/2009/04/14/steve_jobs_engineered_apples_resurrection/
    http://www.businessweek.com/magazine/the-return-19972011-10062011.html
    http://news.cnet.com/2100-1001-202143.html

    I could go on forever on this one. It's very well documented that in 1997 Apple was extremely close to bankruptcy (some speculate days away) when Steve Jobs, then brought back to Apple as an "interim CEO", negotiated with Bill Gates to have Microsoft invest in Apple to the tune of $150M.

    Thank you, that's exactly the only-reading-the-headlines garbage I was expecting you to come up with.

    So let's look at the facts, shall we? I already linked you to Apple's quarterly filings.

    The CNet article you cited in which Microsoft promised $150,000,000 was published August 6, 1997.
    Apple's quarterly report Filed 08/11/97 for the Period Ending 06/27/97 showed that Apple had $1,018,000,000 on hand.

    Look at those numbers again:
    150,000,000 - Amount Apple got from MS
    1,018,000,000 -- Amount Apple had sitting in the bank

    The number on top is less than 15% of the number on the bottom. That's not rescuing a company from bankruptcy. That's a bad tip at a restaurant.

    You may want to review this important lesson on honestly representing the difference between millions and billions.

    Of course, Steve Jobs' ego knew no bounds, and he loved to say that he single-handedly rescued Apple with Bill Gates' money. But that's just not true. The benefit Apple got from BillG's pocket change was that it satisfied Microsoft that Apple was no longer a threat, so that Apple could build itself up to where it was a threat.

  67. Copying vs. Plagiarism by sapgau · · Score: 1

    There is a grey line between being influenced/inspired by other ideas/products and plain plagiarism.
    Very similar to porn, you know it when you see it.
    One would be recognizing the trend in state of the art the other a dishonest and selfish appropriation by cloning.

    Apple would not be where it is now if they didn't copy from some one else. That's how advances in knowledge, science, arts get to evolve.

    Apple has to prove a very tight case of plagiarism where is obvious Samnsung just simply cloned their product.
    I don't think that's the case.

    Lawyers rejoice!

  68. Re:It's a blood feud by UnknowingFool · · Score: 3, Insightful

    The whole point about Google was that Jobs believed Schmidt used his position to give Google an advantage to compete against Apple and not that Google did it organically. You know why Apple hasn't sued MS for Metro or RIM of BBOS 7? Because Apple does not believe these were copied from them.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  69. Steve Jobs - biggest hypocrite ever by Anonymous Coward · · Score: 0

    "Picasso had a saying - `good artists copy, great artists steal' - and we have always been shameless about stealing great ideas." - Steve Jobs

    "Google fucking ripped off the iPhone, wholesale ripped us off. I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product." - Steve Jobs

  70. Re:It isn't very easy to tell an original from a c by Anonymous Coward · · Score: 1

    Have a look at Xiaomi's new phone. Manufactured by Foxconn, sporting a 4-core krait CPU by Qualcomm, a Sharp LCD screen which is likely to match whatever the iPhone 5 comes up with, a unique Android interface called MIUI (if you think it's an iPhone clone I suggest you try it before you judge - it goes way beyond what Apple offers), a choice of thin and thick batteries and much more which definitely puts this phone up there with Samsung and Apple phones. Slowly yes, but they're starting to get there.

  71. No beginning; no end by Anonymous Coward · · Score: 0

    They didn't stop innovating because they never started. Everything Apple has ever "created" is a copy of some other product, with minor tweaks and alterations. Very few tech companies, in fact, are stand-alone "innovators" -- everyone copies everyone else, giving copied tech some flair and individuality along the way, and the entire industry moves forward as a result. Apple's lawsuits are disingenuous at best, and actively harmful to the industry at worst.

  72. Re:It's a blood feud by Anonymous Coward · · Score: 1

    Who was it again who said "Good artists copy, great artists steal"? Steve Jobs? Oh right, he stole that quote from Picasso. No it isn't ironic, he did so deliberately, but the point is: "stealing" is what artists (and tech companies, and nearly everyone ever) do. It isn't a bad thing: in fact, it's very very good. You take good ideas, and you make them better. You add competition, with some (minor) improvement, then the original creator steals back your improvement (which Apple has done plenty of), improves on that, then you steal that, and so on and so forth. You know who wins in that arrangement? Literally everyone, but especially the customers. You know who wins when you protect the original with lawyers so that no-one else can make something similar? The lawyers. Not even the original creator, in the end: just lawyers. Which is not surprising, considering lawyers also wrote the law in the first place.

    Gee, we seem to keep coming down to this same answer in the end almost every damn time...way too much litigation going on today. Someone should probably file a complaint or suggest a motion to change the laws. What do we need to do that again? Oh yeah, an army of lawyers who would actually agree that money isn't more important than anything else in the worl...ah, nevermind.

    Now we know why not a damn thing changes.

    Ever.

  73. The bullshit myth that won't die by Udo+Schmitz · · Score: 2
    http://news.cnet.com/2100-1001-202143.html

    “Apple, which ended its third quarter with $1.2 billion in cash, will use the additional $150 million to invest in its core markets of education and creative content, Anderson said.”

    http://www.roughlydrafted.com/RD/RDM.Tech.Q1.07/592FE887-5CA1-4F30-BD62-407362B533B9.html

    http://lightbox.time.com/2011/10/06/in-a-private-light-diana-walkers-photos-of-steve-jobs/#10

    http://arstechnica.com/information-technology/2010/05/apples-stock-rise-could-have-meant-5-billion-for-microsoft/

    “Less than 12 hours before his big announcement, nobody here knows yet about the bombshell to come. In fact, Jobs is still negotiating it here at the Castle--on a cell phone. "Hi, Bill," you hear him say in the echo chamber of the old hall. Then his voice drops, and for nearly an hour he paces the stage, running through last-minute details with Gates. All the while, he leans over his computer, paces, lies down on the stage, paces, lurks in dark corners, paces and talks, paces and talks.

    This is the fateful call for the boy titans of the personal-computer revolution, meant to settle the war. At one point, talking about Apple, Jobs says, "There are a lot of good things, happily--and a lot of screwed-up things." Then, to his crew, he yells, "Have we got satellite contact with the other side?" Assured this has been taken care of, he answers a question from Gates about what to wear on the morrow ("I'm just going to wear a white shirt," he assures him), and he finally ends the conversation with a heartfelt "Thank you for your support of this company. I think the world's a better place for it." And so that's how Apple and Microsoft, Steve Jobs and Bill Gates, finally seal it--on a cell-phone call.

    The deal is vintage Jobs. Amelio began the process of repairing relations between the two longtime rivals. But once he was out the door at Apple, Jobs contacted Gates to try to get talks started again. Gates dispatched his CFO, Gregory Maffei, who met Jobs at his home. Jobs suggested they go for a walk. Grabbing a couple of bottles of mineral water from the fridge, the two took off for a stroll around Palo Alto. Jobs was barefoot. "It was an interesting scene," Maffei recalls. "It was a pretty radical change for the relations between the two companies." The two walked for nearly an hour, through Palo Alto's green university area, as they pounded out the details of a potential deal. Jobs, Maffei says, was "expansive and charming. He said, 'These are things that we care about and that matter.' And that let us cut down the list. We had spent a lot of time with Amelio, and they had a lot of ideas that were nonstarters. Jobs had a lot more ability. He didn't ask for 23,000 terms. He looked at the whole picture, figured about what he needed. And we figured he had the credibility to bring the Apple people around and sell the deal."”

    http://www.theverge.com/2012/8/13/3239977/apple-and-microsoft-cross-license-agreement-includes-anti-cloning

    http://assets.sbnation.com/assets/1292505/584.pdf

  74. Facts? by imagined.by · · Score: 1

    Apple didn't lose. In fact, Microsoft settled for a huge investment in Apple.

    1. Re:Facts? by hudsucker · · Score: 1

      There seems to be confusion about the Apple v. Microsoft lawsuits.

      Microsoft won the 1988 to 1994 lawsuit over infringement of the GUI by Windows 2.0 and Windows 3.0, but Apple's case was hamstrung due to a licensing agreement for Windows 1.0. The court ruled that the vast majority of the infringement was covered by the licensing agreement, and the only remaining elements were not original to Apple.

      The 2nd case was in 1997, when Apple alleged that Microsoft and Intel stole QuickTime code. Apple threatened Microsoft with a multi-billion dollar lawsuit and Microsoft threatened to cancel Office for Mac. They reached a settlement deal, with public announcement that Microsoft would continue Office development and buy $150 million of non-voting Apple stock. Oh, and there would be cross-licensing of patents.

      It wasn't public knowledge at the time that the $150 million was really to settle the QuickTime theft, but the details came out in the 1998 US vs. Microsoft case.

  75. Follow the chain down by ThatsNotPudding · · Score: 4, Insightful

    The death of US manufacturing has been greatly exaggerated.

    If you follow the supply chain down, you start to hit China pretty quickly: seamless steel tubing, castings, bushings, bearings, more and more seals... Problem is, they are relentlessly climbing up that supply chain to such an extent, that our 'manufacturers' become more 'assemblers' (such as the Google a/v widget). Caltrans is saving millions on a new bridge... by buying most of the subassembly weldments from China.

    Just has already happened in the food industry, more and more weasel words and definitions are being applied to US 'manufacturing' to put more money in the pockets of corporations all the while waving their American flags (probably also made in China).

    1. Re:Follow the chain down by Anonymous Coward · · Score: 0

      I just don't agree with/believe that. My evidence is anecdotal, but I have a feeling statistics would bear me out.

      I'm very familiar with raw material suppliers in the US. By this, I mean steel mills, various metal mines, and energy/chemical suppliers. These are not assembly companies, these are companies pouring raw steel, and starting goods from scratch.

      They are *all* saying they are booked solid for the next 12+ months. 90%+ utilization. They can't get enough raw iron, and they don't have the capacity to accept any new orders in the near future. And forget about getting a "better" deal that list price. They'll sell to the next guy.

      Also, we are having a bit of a renaissance in the U.S. when it comes to fabrication and machining shops. I've been bidding out some relatively large projects lately, and we're seeing 16-20 week lead times on everything, at least sourced in the U.S. Our suppliers are just really busy! Visiting the shops in the Wisconsin area lends additional weight to these claims; the shops are full of product being fabricated/manufactured and shipped out.

      On the flip side, I've met with some Chinese resource and manufacturing companies. They are currently in/near shutdown; utilization under 40%. Infrastructure spending in China has hit a very, very hard wall. World-wide iron ore prices have declined 20% in the last couple of weeks, because of this Chinese slowdown. Suppliers are desperate to get rid of their inventory, and are offering deep, deep discounts. Lead times are 2 weeks to shipment.

      Now, this is not true throughout every market, but I would suggest on balance that GP (sjbe) is pretty dead on: when it comes to durable goods, capital goods, and heavy industrial goods, the U.S. is currently growing as fast as possible. Electronics manufacturing, particularly consumer, continues to be dominated by Asia production; but we definitely aren't seeing Chinese components going into durable goods. In fact, we often see American, German or Italy components going into Chinese durable goods; you can get a generator with a Caterpillar turbine, or any number of process line units with Siemens motors and controls. Complete process systems will have Chinese conveyors and steel work, but will feature American/German bearings, motors, and components (centrifuges, control panels, digitally controlled pumps, feeders, etc . . .)

      A big reason for this is that much of the work that we still do in the US is relatively "clean"; contrary to popular opinion, they are lot less pounds of "toxic" waste produced per ton of steel in a modern steel mill than in many consumer electronics plants. It really is just easier to pipe your waste into a Chinese river, or source components from a Chinese company that does that, than to build "sustainable" components in a well-managed Western plant. Also, much of this consumer-type assembly work is extremely labor intensive; and there is no way that Western economies can compete with the likes of Foxconn. Foxconn brags that they can hire 10,000s of laborers in a single day. This would be an unachievable feet in the West; particularly because these Foxconn laborers will live at the plant.

      That being said, China is losing both of these (unfair) advantages. The Chinese labor market is changing as the middle class emerges, and China's environmental standards are rising as the costs of pollution are starting impact municipal budgets.

      I'd suggest the following as a "safe" perspective on manufacturing. It is important for the West to focus on our strengths: a skilled, sophisticated work force; liquid and strong capital markets; an extensive and broad industrial base; modern and efficient industrial infrastructure (don't believe the myths about our bridges and roads falling apart. The people 'selling' those myths have obviously never tried to move goods or equipment across India or China); stable and cheap sources of energy; relatively low levels of corruption; and vast amounts of valuable natural resources. While we can't (yet) co

  76. You missed the point of the Picasso quote by alispguru · · Score: 2

    What Picasso (and Jobs) meant by "Great artists steal" was that:

    * mediocre people copy designs without understanding them or improving them
    * great artists take designs and add enough to them that everybody forgets about the original

    Apple is clearly in the second category - 0.1% of the public remembers the Xerox Star, almost no one bought Windows tablets, etc.

    I would have to put Samsung in the first category. Look at their 2010 iPhone analysis where most of its recommendations boil down to "iPhone does this better - we should copy it".

    Android's category is debatable.

    --

    To a Lisp hacker, XML is S-expressions in drag.
    1. Re:You missed the point of the Picasso quote by Anonymous Coward · · Score: 0

      Not Picasso. TS Elliot.

      "One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest."

      Your summary of the meaning of the quote, however, is spot on.

  77. au contraire... by Anonymous Coward · · Score: 0

    Apple kept innovating? really? I beg to differ. Apple doesn't innovate. they steal and refine. they take the innovation of others and polish the hell out of it. then they sue anyone who has the timerity to "copy" them since their bread and butter is the "look and feel" since Apple has always been about style, not substance. Part of why I've always hated Apple is that I've never felt a technology company should be run by a fucking artist.

  78. Gah by ThatsNotPudding · · Score: 4, Insightful

    Needing fewer people in those sectors means we can use the labor force productively elsewhere.

    Such as selling each other mobile phone contracts, or asking paper or plastic, or would we like to super-size those fries.

  79. well.. by SuperDre · · Score: 1

    Well, you have to start innovating before you can stop, and ripping other people's work and claim yours isn't innovating..

  80. But what about the lawyers? by Rezidu · · Score: 1

    This is all well and good for the consumer, but what about all the poor lawyers who would be out of work if all of this useless litigation were to suddenly cease?

  81. Clever in innovation, not law use. by Impy+the+Impiuos+Imp · · Score: 1

    > If our competitors copy us, it is impossible for us to continue moving forward

    Fair enough, but that's a patent issue, not a copyright issue. When you try to copyright functionality, you're doing a patent, and it should not be copyrightable.

    Exact Apple look, e.g. lines in a window drag bar, Ok (but that mght be better served as a trademark or something.)

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  82. Only ones who care are apple and their zealots. by Anonymous Coward · · Score: 0

    No one cares really except two groups of people.

    1) Apple. Because they know they have to demoralize their competition in the US to the point of everyone fearing their wrath. Why? Because apple is a shitty company that makes insanely overpriced products that are inferior to their competition. Apple doesnt make a single product I cant buy from a dozen other companies that do the same thing if not better for a lot less money. Ipad? I can buy multiple android devices that do the same thing, perform better and allow me to have freedom of use for my device for less. Mac? Pffff I can get on newegg and build a pc that is a lot more powerful for a lot less money that uses windows which works with EVERYTHING while mac only works on the small mac market of software and games.Iphone? I can buy a samsung galaxy s3 which is far superior in every way plus android lets ME decide what I want to put on it for same price or less. Ipod? My phone is an ipod and I can buy dozens of devices that do the same thing for a lot less. There is a reason why in everyother country apple doesnt do nearly as well as it does in the US, so they fight cheap in order to keep their foothold lest the commoners finally discover their prices and products suck.

    2) Pretentious, mindless, slave to trend zealot apple users. The people who endlessly talk about their apple products for no reason. They cant call their cell phone a cell phone, its a iphone. They cant call their computer a computer, they insist its a mac while spewing crap about how they cant get viruses on it. They just want to feel cool by paying way to much for a product so they can be seen using it and tell people about it. These are the folks who use their ipads at starbucks as they browse facebook hoping people will think they are writing a novel and will fight to the death defending their products with like 2 different arguments.

    Other than that no one cares if apple sued samsung. The galaxy s3 is selling like gangbusters, getting great reviews and is a open ended android product. Samsung isnt hurting.

  83. Apple cares by jjjhs · · Score: 1

    Because someone is selling a product just as good if not better but for a lot cheaper.

  84. Blah blah blah. Answer the question, coward. by Brannon · · Score: 1

    Name a single real invention by any company ever. You can't do it because you know that there is no invention which could withstand the reductive scrutiny you heap on Apple's inventions.

    1. Re:Blah blah blah. Answer the question, coward. by samboneym · · Score: 1

      Name a single real invention by any company ever. You can't do it because you know that there is no invention which could withstand the reductive scrutiny you heap on Apple's inventions.

      ... Dynamite

    2. Re:Blah blah blah. Answer the question, coward. by Murdoch5 · · Score: 1

      The lightbulb, The steam power locamotive, The number 0, Fire

  85. File under: "duh" by Anonymous Coward · · Score: 0

    It's called "free advertisement"

  86. Apple... by koan · · Score: 1

    "we innovated in creating the graphical user interface; Microsoft copied us; if our competitors simply copy us, it's impossible for us to keep innovating."

    No it isn't.

    --
    "If any question why we died, Tell them because our fathers lied."
  87. Apple created the GUI? Not. by Anonymous Coward · · Score: 0

    Funny how Apple takes credit for the GUI, when it was created by Xerox PARC, and Jobs and Gates were both invited there to see what their engineers were working on. Xerox lost out through lack of vision. But Jobs sure as heck didn't invent it and more than Al Gore invented the Internet.

  88. Where would we be without apple's innovations? by Anonymous Coward · · Score: 0

    "...didn't stop innovating at all." Because they never started.

  89. China and the US Debt by Ameryll · · Score: 2

    China also knows they hold a large chunk of US debt and therefore we would think twice before causing them too much trouble.

    1. Re:China and the US Debt by nedlohs · · Score: 2

      We would think twice? Why? We wouldn't use military might against China because we owe them money? That's usually a reason for the other side of the argument - why pay them back when we can just declare the debt void since sending money to a wartime enemy would be rather dumb.

      What China does know is that they have nuclear weapons and the missiles to deliver them (unless you relocate to South America...)

  90. Re:It's a blood feud by Anonymous Coward · · Score: 1

    Oh right, he stole that quote from Picasso.

    No. He didn't. He misquoted (well, greatly abridged to the point of clouding the actual point) TS Elliot. Many people believe it's a quote from Picasso but they're wrong. It's a TS Elliot quote that, when viewed as a whole, rather than a quick soundbite, makes a tremendous amount of sense.

    Specifically:

    "One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest."

    -- Eliot, T.S.

  91. Fake by Anonymous Coward · · Score: 0

    Apple steals or buys. They are not "gods of innovation".

  92. Re:It's a blood feud by RedDeadThumb · · Score: 0

    Schmidt resigned from the Apple board the second Google decide to work on (actually purchased) Android. Not saying he didn't see something before then, but it wasn't like he was spying the way you are implying it happened.

  93. I hope this gets corrected soon! by synapse7 · · Score: 2

    I mistakenly bought an iphone when I intended to buy a galaxy and now I have to use itunes!

  94. Welcome to 1998 by Anonymous Coward · · Score: 0

    I remember one of the selling points of Thief: The dark project was that it had ray-trace lighting. I'm sure any modern machine could run a couple dozen copies at once...of course this means somebody is going to start talking about Scotsman to prove me wrong.

  95. Wait, Apple innovates? by Targon · · Score: 1

    When it comes to the mobile market, iOS doesn't seem all that different in terms of the UI compared to the original iPod Touch/iPhone, and the iPad is still using the same look, so there has been very little further innovation on the UI front. MacOS X may be updated, but again, the UI hasn't changed since it was first released in 2001. If their big concept that their main innovations are in the use of the computer, then they are really slacking.

    Compare this to Microsoft, who was far behind MacOS X in many areas back in 2001, and with Windows 7 is actually a bit better in a number of areas of the UI, and Windows 8 UI, for all the complaints about it, at LEAST is an attempt to change how people use the computer, which should be seen as more innovative than anything we have seen in the computer space for a long time. For those who need the reminder, innovation is about something NEW, and many of the things that Apple is so proud of is simply taking the concepts that others have come up with, and then making it look better. From that perspective then, Apple has not been terribly innovative for a long time.

    Even the high quality screens in Apple computers shouldn't be seen as really INNOVATIVE, since screen resolution increases should be seen as OBVIOUS...remember the original CGA was quite a bit worse in terms of resolution. Many people have been complaining that we are "stuck" at 1920x1080 for the affordable displays, and higher resolutions have not been aggressively pushed by the computer industry by anyone other than Apple. So, Apple does deserve credit for SOME things, but innovation in terms of user interface improvements is something that Apple is very very resistant to at this point.

  96. Do you like bananas? by Quiet_Desperation · · Score: 2

    Well, Apple seems to care. *shrug*

    As for MS, I was learning to code both OSes back in those days, and there were so many data structures in Windows that were identical to those in Mac OS, and I mean down to the individual variable spellings. It was pretty sad.

  97. Re:It's a blood feud by macshome · · Score: 1

    How is Apple stealing from the open source world for OS X and iOS?

  98. What about Apple copying Xerox??? by Anonymous Coward · · Score: 0

    Who did Xerox copy?
    Just say no to software patents!!!

  99. Rearrange the deck chairs again and again... by Anonymous Coward · · Score: 0

    We need open hardware platforms for tablets and phones so we can develop our own software and use open source software on them without some
    DRM comrade telling us what apps we can have!!!

  100. Global trade by sjbe · · Score: 2

    If you follow the supply chain down, you start to hit China pretty quickly...

    If you follow the supply chain you'll hit any country you care to name, including the US. That's what global trade is all about. The product we make on our assembly like has parts from China, Mexico, Japan and the US. Furthermore there are lots of manufacturing needs that are not easily serviced by China, no matter how good their manufacturing prowess. Any production in the US that is done on a Just In Time basis pretty much rules out manufacturing in China. Shipping is expensive and makes lead times very long. You also have exchange rate fluctuations which have a strong impact on the cost of exporting/importing. China imports a lot of items like every big country.

    Yes, China is going to be a player - they have 1/5 of the worlds population for crying out loud. They should be a major part of the economy. But the US isn't going to be a third world country just because China finally got their act together. It's just going to be different. Whining about it accomplishes nothing useful.

  101. Mandatory Viewing by Ziggitz · · Score: 1

    http://www.ted.com/talks/kirby_ferguson_embrace_the_remix.html The problem with Apple, and many other company's patent wars is that they are trying to fight over ownership of ideas instead of implementation. Coming up with an idea that is simply one step further than every technology it is built upon and then saying "We made this all by ourselves its off limits to anyone else, it's ours now" is total bullshit and it completely disregards the fact that anyone working in a technology field is standing on the shoulders of everyone who came before them. Patent laws work to maintain the current monopolies and do nothing to promote innovation. Even the nature of the question is inherently biased as it frames it in the context of copying from Apply only, as if Apple never did the exact same fucking thing many times previously (like hell Apple invented multi-touch, they didn't even come up with the name).

    --
    There is no memory shortage. yes I have heard of XFCE. Go away.
  102. You are insane by Anonymous Coward · · Score: 0

    A war would be two armies, fighting on relatively equal ground (within an order of magnitude of each other, at least). And it would be destructive as *hell* (there's almost no way a real war now would not go nuclear), and would end only with the near-complete destruction of one side's forces and economy. That's what the US military is designed for, and what a war with China would be.

    The U.S. may "win" a war with China, but would no longer be a superpower afterwards. You may not even be a middle power, since you won't have your 100 largest cities any more. After your war with China is over, the greatest power on the North American continent will be Mexico.

    1. Re:You are insane by gman003 · · Score: 1

      I wouldn't even say we would definitely win. I'm saying that there are two classes of war, and that the performance of an army in one is not indicative of their performance in the other.

      And in case you haven't kept up, there's been a surprising amount of work into anti-ballistic-missile technology recently. Look in particular at anti-satellite weapons, which are generally designed with the "secondary" purpose of taking down inbound ballistic missiles.

      PS: Mexico? What about Canada?

    2. Re:You are insane by Anonymous Coward · · Score: 0

      And in case you haven't kept up, there's been a surprising amount of work into anti-ballistic-missile technology recently. Look in particular at anti-satellite weapons, which are generally designed with the "secondary" purpose of taking down inbound ballistic missiles.

      And I suggest you look into China's new DF-41 MIRV missiles which are equipped with "penetration aids" specifically designed to defeat anti-missile technology. The missiles are also mobile (see the truck picture in the article), so they are nearly invulnerable to a first strike. So the U.S. may "win" (by obliterating China) but it will also lose heavily, and may never recover.

      PS: Mexico? What about Canada?

      Heh, everybody forgets Canada. But seriously, if the U.S. is gone, Canada's resource-based economy will shrink catastrophically. In the end, Mexico will prove far more powerful -- even if it doesn't move to retake territory lost to the U.S. in the 19th century.

    3. Re:You are insane by Anonymous Coward · · Score: 0

      Also, with the USA looking like the lunar farside, the major market for drugs and other smuggling which is fueling/funding the gangs in Mexico would collapse. That would significantly change the socio-political landscape there and free up a lot of wasted resources. That said, demographics would still present a huge challenge to Mexico unless Vatican City incidentally became Vatican Crater and Mexican policy on birth control was allowed to change.

      If it wasn't for the fact that most of our cities are within 100Km of the USA border and would be severely afflicted by radioactive fallout, Canada would have a better chance in that situation. We have a well-educated workforce and an industrial base in Ontario and Quebec. Canadian banks traditionally are the ones who are reticent in funding secondary sector initiatives but, without having to worry about US competition, business plans for manufacturing would be less risky. If they didn't wise up and were putting national survival at risk, I think there would be a strong movement to nationalize the banks until the crisis abated.

  103. A logo is a trade mark by Kupfernigk · · Score: 1

    Your example is badly flawed. "Drinkbox Studios" is surely trade markable, as is their logo, because drinking has nothing per se to do with boxes or video games and a logo is, in any case, a trade mark. Trade mark is a stronger protection than a "design patent" (in Europe a Design Registration).

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:A logo is a trade mark by Theaetetus · · Score: 1

      Your example is badly flawed. "Drinkbox Studios" is surely trade markable, as is their logo, because drinking has nothing per se to do with boxes or video games and a logo is, in any case, a trade mark.

      I didn't say that it would never be registrable. Rather, what I said was that you'd have a tough time because the consuming public doesn't know who you are. If EA spun off a subsidiary with the same name, their marketing budget would dwarf yours and very quickly, the public would recognize "Drinkbox" as part of EA. Remember, in trademark and trade dress, until a mark is incontestible and has been on the principal register for three years, your ownership can be challenged by others who have obtained wider recognition by using the mark.

      Before you call someone's argument flawed, make sure you're addressing their argument rather than a strawman that you've built.

      Trade mark is a stronger protection than a "design patent" (in Europe a Design Registration).

      Not at all. Trademarks last longer than design patents, but they are surely not stronger. For example, I can use the Coca-Cola mark right here, as I just did, because it's not a use in commerce. And I could even sell my own soda and say "tastes like Coca-Cola, but for half the price!" or whatnot, as that's covered under fair use. But I can't use a patented symbol or design, as there is no fair use argument there.

    2. Re:A logo is a trade mark by AdmiralWeirdbeard · · Score: 1

      I didn't say that it would never be registrable. Rather, what I said was that you'd have a tough time because the consuming public doesn't know who you are. If EA spun off a subsidiary with the same name, their marketing budget would dwarf yours and very quickly, the public would recognize "Drinkbox" as part of EA. Remember, in trademark and trade dress, until a mark is incontestible and has been on the principal register for three years, your ownership can be challenged by others who have obtained wider recognition by using the mark.

      i dont think you'd have a tough time at all. Drinkbox, as it relates to videogames would clearly be an arbitrary mark (unless the games themselves were actually drinkboxes) and therefore inherently distinctive and elegible for immediate registration. the period of time a mark must remain on the principle register before becoming incontestable is 5 not 3 years, but in the case of a registered mark, owned by a senior user (DB Studios) against a junior, if larger user (EA) incontestability would not really add much unless Drinkbox Studios fails to defend their mark. Registration confers national priority in use of the mark to the registrant. So even if EA starts trying to outmarket Drinkbox Studios, their larger market will be irrelevant because, all other things being equal (such as registration obtained through fraud, mark used to violate antitrust laws, and other things clearly outside this discussion) the junior user of a registered mark's only defense is not their own larger use - admitting infringement is a poor defense to alleged infringement - but rather to attack the validity of the registered mark. And given the basic prompt of Drinkbox Studios vs EA, EA would have no hope unless drinkbox seriously fucked up.

      incontestability really only bars challenges to non-functionality and distinctiveness of a mark. this would of course be of central importance to the case of trade dress in a product, where distinctiveness comes only through secondary meaning, and therefore a larger firm out-marketing a smaller firm before such meaning could be attained would certainly be an issue. I think this is really a matter of when the lawsuits are filed. Trademark and dress are rights that exist only through their active defense. Asserting that right starts the clock on what facts will be considered and the smaller firm would have a much better chance of obtaining an order restraining the larger firm from further marketing.

      --
      Come read my stupid blagablog. Rants and Giggles
  104. Dynamite? Are you kidding? by Brannon · · Score: 1

    Dynamite is nitroglycerin mixed with silicon dioxide, it is a minor composition of two well known and understood compounds both of which have been around forever. The critical property of dynamite is that it explodes, but it gets that property entirely from nitroglycerin so I don't see anything innovative about that. Adding in the silica (I assume you aren't claiming that Nobel invented silicon dioxide?) makes it a little more stable and user-friendly--and (of course) allowed Alfred Nobel to market it as something completely new and different. Marketing, that's all Dynamite is.

    Come on, this should be easy. Apple has never invented anything as opposed to Google (and other tech companies) who apparently make real inventions every single day. Just name one of them. Just one, one single invention which isn't simply a composition of known technologies.

  105. there are lots of inventions by companies by Chirs · · Score: 1

    But there are very few _software_ inventions by companies.

    I've worked in telecom programming for 12 years. In that time I think one person on my entire team has done something worth applying for a patent on. The vast majority of the stuff we do is adapting ideas that other people came up with and making them work in our environment, or else doing stuff so blindly obvious that anyone else would do something similar.

  106. not quite by Chirs · · Score: 2

    Motorola's standard fee for FRAND patents is 2.25% of the finished device price. (This is not unusually high, Qualcomm is 3.5% for example.) What usually happens is that everyone just enters into cross-licensing agreements instead.

    Apple doesn't want to cross-license, but claims that the stated fee is too high even though it's what was quoted to everyone else.

  107. It's a form factor not the device. by NoOneSpecific · · Score: 2

    Did IBM, Compact, Packard Bell and HP go all crazy over the beige desktop case? Did Motorola sue anyone else who developed a flip phone? Is Microsoft going after APPLE for copying their Courier? NO! Why? Because it's not the product but the form factor of the product. Get over it. Move on.

  108. Yawn.... by Brannon · · Score: 1

    Lightbulb: The first incandescent light bulb was mearly an eletric battery connected to a platinum strip (Humphry Davy in 1802); Davy didn't invent the eletric battery and he certainly didn't invent platinum and he didn't invent wires. There is also some prior art on creating light using electricity (ever seen lightning?). The light bulb is probably the worst example of an *true* invention because its entire story is one of incremental refinement throughout the course of hundreds of years by dozens of different individuals.

    Steam power locomotives: Steam engines existed well before anyone took the fairly obvious step of putting one on a set of wheels (and, btw, the wheel existed well before that)--I don't see how combining those two elements could possibly rise to the level of being called an "invention".

    The number 0: Is there a patent on that?

    Fire: Really, who invented fire? Lightning hits a tree and the person who witnessed it invented something? really!?!?

    =======

    Why is this sooo difficult? Apple is consistently chastised for not "inventing" anything, but merely combining or refining existing technologies. By implication, there are thousands of truley unique inventions from all across history, real inventions which are not merely a composition or refinement of existing technologies. So my challenge is simple: Name one.

    1. Re:Yawn.... by Murdoch5 · · Score: 1

      Actually your right, I don't know that anyone has ever really invented anything at all, Humanity has discovered new uses for existing objects but never actually gone out and invented. With that being said I think we need to get rid of the patient system, if humanity can't truly invent then there is nothing to protect.

  109. Okay, fine then, name a single *real* invention. by Brannon · · Score: 1

    In particular, name one that isn't just a composition or refinement of existing technologies.

  110. Good Artists... by whisper_jeff · · Score: 2

    About a year ago, I wrote an article about Steve Jobs' famous quote and, given that I've seen it raised several times in this thread, I feel it's worth reposting because it's just as valid now as it was then. So, here you go.

    -----

    Of late, with all the Apple vs Google geek drama boiling over, a quote by Steve Jobs is often thrown about in an effort to make Apple/Steve look bad.

    "Good artists copy; great artists steal."

    Now, obviously, this quote is thrown about in an effort to make Apple and/or Steve look bad and imply that they ripped off ideas from others. Well, the problem is the quote is actually a misquote which thus clouds the point, which is rare for someone of Steve's speaking elegance. Most people who know it's a misquote believe he's misquoting Picasso but the truth is he's misquoted TS Elliot. The actual quote is:

    "One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest."

    Now, when you compare Steve's misquote and TS Elliot's actual quote, you see they actually say basically the same thing but TS Elliot's full quote obviously puts the whole thing into context so the point is understood.

    And I agree with it.

    I have long believed that there are no more original ideas, just interesting takes on old ideas.

    Now, as with Steve's misquote, when expressed that simply, my point can get lost and often has led to people disagreeing with me, strongly. But my point is this - as we grow up, we are exposed to extensive amounts of information that becomes the background noise of our creative processes. As we write, paint, sculpt, compose, and otherwise create, we are influenced, in one way or another, by everything we've seen and heard up until that point. Sometimes the inspiration is heavy and obvious and other times it's subtle and we aren't even aware of it. But we're always influenced by what we've seen up until that point of creation. And good creators put an interesting spin or twist on their inspirations and come up with something that seems and feels new and original. But, at the end of the day, there are no more original ideas, only interesting takes on old ideas.

    While many toss around Steve's misquote in the hopes of painting him and Apple in a bad light, they fail to realize that, though he over-simplified a complex issue, he's right. As was TS Elliot before him. Great creators are inspired by what has come before them; they transform and mold and adapt their creation until its something new and wonderful while other creators simply copy without any of the finesse, simply regurgitating what came before.

    And, when viewed in the context of Apple, it is clearly relevant. Apple is often touted as being innovative and original by some while others quickly point out that they're just doing what others have done before them. And you know what, both sides are right, which shows that Apple is a "good poet" - they take something and make it into something better, or at least different. They weld the theft into a whole of feeling which is unique. Apple wasn't the first to market with a graphic UI, but they transformed the computer market with Mac OS; Apple wasn't the first to market with an MP3 music player, but they transformed the market with the iPod; Apple wasn't the first to market with a smartphone, but they transformed the market with the iPhone; Apple wasn't the first to market with an ultralight laptop, but they've transformed the market with the Macbook Air; Apple wasn't the first to market with a tablet PC, but they've transformed the market with the iPad. The

  111. Patents by Anonymous Coward · · Score: 0

    Are patently getting out of hand. If the situation had been like this a century ago we would only have one car manufacturer, and likely only one airplane manufacturer. How would that have helped innovation ?

  112. Re:Does Apple Truly Innovate? by Anonymous Coward · · Score: 0

    Recognizing the value in someone else's product and incorporating it in your product is the epitome of innovation.

    Just because one portion of your product was licensed from another company certainly doesn't mean your product is not innovative. If every portion of a product had to be completely new to be regarded as innovation then the only personal computer that could possibly fit that description is the Altair 8080.

  113. Innovate? by Gonoff · · Score: 1

    Apple is not well known for innovation.

    Apple is known for making very good use of ideas, combining them in new ways, persuading people that already existing ideas were actually invented by them and then suing other people because they might dare to compete with them in the supposed "free market".

    Have a look at http://www.youtube.com/watch?v=wFeC25BM9E0 for a better explanation.

    --
    I'll see your Constitution and raise you a Queen.
  114. Re:It's a blood feud by cheesybagel · · Score: 1

    More like they didn't sue them because they don't have significant market share.

  115. Re:It's a blood feud by Anonymous Coward · · Score: 0

    They don't give back at all. KHTML (as opensource) was completely ruined by Apple.

  116. Lawyers care. by CondeZer0 · · Score: 1

    Other than that, nobody should care. Copying is how humanity has progressed over history.

    So called "intellectual property" is an oxymoron, it is not compatible with either real private property or free markets, while benefiting just a few at the expense of everyone else.

    --
    "When in doubt, use brute force." Ken Thompson
  117. Re:It's a blood feud by farble1670 · · Score: 1

    As Android started to look more like iOS, Jobs was starting to believe that it wasn't a coincidence.

    and how exactly do they look the same? they both have a grid of icons for launching applications. hey, i have been arranging application icons in grids on my desktop computer since 1994. i should be suing.

    really, what people don't get it is that both iOS and Android are minimalist UIs. they really offer very little except a way to start an app, a lock screen, and a few settings screens.

  118. Re:It's a blood feud by farble1670 · · Score: 1

    the reason why they have not sued MS or RIM is because they are taking on thing at a time. companies don't initiate 10 parallel identical lawsuits. they execute one, and depending on the outcome, decide how to proceed on the others.

  119. So rather than admit that Apple has invented stuff by Brannon · · Score: 1

    you would rather stipulate that noone has ever invented anything. Well played.

  120. Re:It isn't very easy to tell an original from a c by Anonymous Coward · · Score: 0

    James Burke is that you?

  121. Who Cares If Samsung Copied Apple? by Anonymous Coward · · Score: 0

    Apple does.

    However, imitation is the sincerest form of flattery, so Apple should be pleased that somebody cares enough about their shit to imitate it. Ungrateful bastards...

  122. Re:So rather than admit that Apple has invented st by Murdoch5 · · Score: 1

    That is EXACTLY what I'm saying. I'm serious.

  123. Thanks! Did not know that... by alispguru · · Score: 1

    and can now find a better link to it for future reference. I'd use the parent message, but somehow an Anonymous Coward doesn't inspire confidence...

    --

    To a Lisp hacker, XML is S-expressions in drag.
  124. Apple Innovates? by Anonymous Coward · · Score: 0

    Apple doesn't innovate they take something someone else innovated and create a great marketing campaign to promote it.

  125. Re:This case is different! by Anonymous Coward · · Score: 0

    How can you even justify Samsung is counterfeiting let alone copying Apply @ all. If anything Samsung has patents on phones that were released 2 years prior to the first iphone and the Iphone copied samsungs model ... including the icon grid ... this is all about Apple trying to screw the real innovators and change/reform patent law's to suit their situation (late player to the game trying to invalidate their predecessors patent's so they can steal them and later sue another player who came late to the mobile phone game claiming the patents belong to them. Pure B/S. And Apple and its fan's are smoking crack if they believe otherwise)

  126. Harumph by Anonymous Coward · · Score: 0

    Can we expect anything less from the communists at harvard, they dont believe in private property after all.

  127. Re:It isn't very easy to tell an original from a c by Anonymous Coward · · Score: 0

    The train is a good example of that. The Brits invented trains and other countries copied it. Now the UK rail network is inferior to other rail networks elsewhere.

  128. Lawyers? by wolja · · Score: 1

    Apples & Samsungs lawyers at a guess.

    Patent laws have seriously past their useful life and are now a means to keep the lawyers fed.

    When you can patent rubbing your finger across something then there is no hope.

    --
    Wolja Future Tombstone: Shit happened then I died
  129. AC Pibb by Anonymous Coward · · Score: 0

    Not me.

  130. Re:It's a blood feud by black_lbi · · Score: 1

    You know why Apple hasn't sued MS for Metro or RIM of BBOS 7?

    Is it because they don't represent a real threat to their mobile market share?

  131. Re:It's a blood feud by UnknowingFool · · Score: 1

    Um. Schmidt resigned from the Apple board in 2009, 2 years after iPhone was launched. Google purchased Android in 2005. I would say 4 years is not "the second" after Google bought Android.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  132. Re:It's a blood feud by RedDeadThumb · · Score: 1

    I stand corrected. Yeah, I looked it up myself, unfortunately after I posted that. That was not how I remembered it happening. But my memory was faulty. He actually resigned when Google started working on ChromeOS. But you see if you read that article that Jobs didn't consider Schmidt a spy. It was just that Schmidt had to dismiss himself from so much of the board meetings where there was conflict of interest that there was no point in having him on the board. Thus it seems he was not "given advanced early looks at the iPhone" since he did not participate in those meetings. So do you stand corrected on that?