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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.'"

7 of 544 comments (clear)

  1. 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.

  2. 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?

  3. 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

  4. 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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  5. 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.

  6. 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.

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