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(MacWorld) Stupid Apple gives Samsung some helpful advice on avoiding patent infringement: don't make your tablets rectangular, black, thin, with rounded corners or flat fronts, or clean in appearance. No, this isn't from The Onion   (macworld.com) divider line 202
More: Stupid, Samsung, Galaxy Tab, patent infringements, PC World, design choices, smartphones, Galaxy S, human physical appearance  
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4643 clicks; posted to Geek » on 06 Dec 2011 at 1:08 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



202 Comments   (+0 »)
   

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2011-12-06 09:47:02 AM
Like 2001, made in 1969?

Seriously Apple, you are suggesting that Samsung, and everyone else, make their tablets with sharp corners? You think a device made to be carried around and handled should have sharp corners? You are claiming ownership of "rounded corners"? No one else ever made anything with rounded corners?

And TV screens, monitors, have been rectangular since before WWII. You also claim ownership of rectangular screens?
 
2011-12-06 09:55:49 AM
This should be a red-flag to any Apple investor. When the market-dominating aspect of your product is its (copyable) look-and-feel, then you will not have a market-dominating product for long.
 
2011-12-06 10:00:21 AM
Apple copyrights rectangles, things that are thin.
 
2011-12-06 10:00:52 AM
I was laughing until I clicked through to the actual legal brief, at which point I saw that is the entirety of the suggestions Apple made, not just obvious points included for the legal record. That really sounds crazy.

/plus, the proportions are already different, if my GIS has served me well
//and does the Galaxy Tab have physical buttons on the front, too?
/that being said, all Samsung would have had to do to make them look different would have been to include a stand, and who doesn't want a stand?
 
2011-12-06 10:03:51 AM
www.talkandroid.com

cdn2.ubergizmo.com

ZOMG How will I ever tell the difference!?
 
2011-12-06 10:03:59 AM
Lucky LaRue: This should be a red-flag to any Apple investor. When the market-dominating aspect of your product is its (copyable) look-and-feel, then you will not have a market-dominating product for long.

I for one, welcome our new spherical tablet overlords.


But yeah.
 
2011-12-06 10:12:42 AM
Behold, the new iBlob!
us.123rf.com
 
2011-12-06 10:31:30 AM
This reminds me of two other "look-and-feel" lawsuits.

The first one was over the film "Underworld," which White Wolf claimed had infringed on vampires, werewolves, and a "gothic punk" atmosphere.

The second was Houghton-Mifflin going after punk act Furious George, sending an affidavit which, to quote George Tabb, insinuated ownership of the color yellow, red text, and pretty much anything having to do with a monkey.
 
2011-12-06 10:37:33 AM
GreenAdder: This reminds me of two other "look-and-feel" lawsuits.

The first one was over the film "Underworld," which White Wolf claimed had infringed on vampires, werewolves, and a "gothic punk" atmosphere.

The second was Houghton-Mifflin going after punk act Furious George, sending an affidavit which, to quote George Tabb, insinuated ownership of the color yellow, red text, and pretty much anything having to do with a monkey.


Let's not forget the Apple v. Microsoft (new window) fight, where Apple laid claim to the visual GUI.. And we all know how well that turned out..
 
2011-12-06 10:53:43 AM
Lucky LaRue: GreenAdder: This reminds me of two other "look-and-feel" lawsuits.

The first one was over the film "Underworld," which White Wolf claimed had infringed on vampires, werewolves, and a "gothic punk" atmosphere.

The second was Houghton-Mifflin going after punk act Furious George, sending an affidavit which, to quote George Tabb, insinuated ownership of the color yellow, red text, and pretty much anything having to do with a monkey.

Let's not forget the Apple v. Microsoft (new window) fight, where Apple laid claim to the visual GUI.. And we all know how well that turned out..


Or Bethesda trying to own the word "Scrolls." I should send them a letter explaining they're only allowed to publish more games in "The Elder Scrolls" series once they sufficiently pay me for use of the word "The."
 
2011-12-06 11:23:54 AM
iDouche
 
2011-12-06 11:26:11 AM
birchman: iDouche

Good. You were starting to nauseate people.
 
2011-12-06 11:35:54 AM
I'm pretty sure my local newspaper stole the whole black text on white background thing from the New York Times.
 
2011-12-06 12:06:10 PM
Starry Heavens: I was laughing until I clicked through to the actual legal brief, at which point I saw that is the entirety of the suggestions Apple made, not just obvious points included for the legal record. That really sounds crazy.

/plus, the proportions are already different, if my GIS has served me well
//and does the Galaxy Tab have physical buttons on the front, too?
/that being said, all Samsung would have had to do to make them look different would have been to include a stand, and who doesn't want a stand?


That's why Apple used Photoshop to change the aspect ratio in their evidence given in court in Germany, to make the Samsung look identical to the iPad.

Step 1: Use Photoshop to make competitors product look like yours.
Step 2: Us that to "prove" competitor copied you.
Step 3: ?
Step 4: Profit.
 
2011-12-06 12:16:49 PM
Flint Ironstag: Seriously Apple, you are suggesting that Samsung, and everyone else, make their tablets with sharp corners? You think a device made to be carried around and handled should have sharp corners? You are claiming ownership of "rounded corners"? No one else ever made anything with rounded corners?

Dell, HP, Toshiba and Sony all make tablets that are distinctive and different. How come Samsung can't come up with one that's not indistinguishable from the iPad?
 
2011-12-06 12:17:26 PM
James!: [www.talkandroid.com image 540x417]

[cdn2.ubergizmo.com image 640x427]

ZOMG How will I ever tell the difference!?


Pssst - the first one is not part of this suit. It's the 10 inch, not the 7 inch.
 
2011-12-06 12:18:07 PM
GreenAdder: Lucky LaRue: GreenAdder: This reminds me of two other "look-and-feel" lawsuits.

The first one was over the film "Underworld," which White Wolf claimed had infringed on vampires, werewolves, and a "gothic punk" atmosphere.

The second was Houghton-Mifflin going after punk act Furious George, sending an affidavit which, to quote George Tabb, insinuated ownership of the color yellow, red text, and pretty much anything having to do with a monkey.

Let's not forget the Apple v. Microsoft (new window) fight, where Apple laid claim to the visual GUI.. And we all know how well that turned out..

Or Bethesda trying to own the word "Scrolls." I should send them a letter explaining they're only allowed to publish more games in "The Elder Scrolls" series once they sufficiently pay me for use of the word "The."


Trademarks and design patents are different.
 
2011-12-06 12:20:31 PM
Flint Ironstag: Starry Heavens: I was laughing until I clicked through to the actual legal brief, at which point I saw that is the entirety of the suggestions Apple made, not just obvious points included for the legal record. That really sounds crazy.

/plus, the proportions are already different, if my GIS has served me well
//and does the Galaxy Tab have physical buttons on the front, too?
/that being said, all Samsung would have had to do to make them look different would have been to include a stand, and who doesn't want a stand?

That's why Apple used Photoshop to change the aspect ratio in their evidence given in court in Germany, to make the Samsung look identical to the iPad.

Step 1: Use Photoshop to make competitors product look like yours.
Step 2: Us that to "prove" competitor copied you.
Step 3: ?
Step 4: Profit.


No, they didn't. They changed the height, but also changed the width. They also noted the measurements of both devices in mm in the text beneath the picture, admitted that the picture was altered to align the heights to emphasize the UI similarities, and included a dozen other pictures showing the aspect ratio differences.

But no, you'd prefer to believe that the judge looked at only one picture on one page out of a 50 page brief and was as confused as you are. That makes so much more sense.
 
2011-12-06 12:24:14 PM
Theaetetus: No, they didn't. They changed the height, but also changed the width. They also noted the measurements of both devices in mm in the text beneath the picture, admitted that the picture was altered to align the heights to emphasize the UI similarities, and included a dozen other pictures showing the aspect ratio differences.

So then what apple was saying was that if you align the heights, the UI is similar? Boy, that's gotta be a huge problem for the typical consumer, who frequently photoshops products to alignn the heights so as to see similarities and differences in the product.
 
2011-12-06 12:27:27 PM
Starry Heavens: /plus, the proportions are already different, if my GIS has served me well

wollytech.com
Only slightly.

//and does the Galaxy Tab have physical buttons on the front, too?
/that being said, all Samsung would have had to do to make them look different would have been to include a stand, and who doesn't want a stand?


news.cnet.com
4.mshcdn.com
5.mshcdn.com
topandroidtablet.com
cdn.androidcommunity.com
www.techvert.com
Clearly, it's possible to make distinctive tablets.
 
2011-12-06 12:28:52 PM
Lucky LaRue: This should be a red-flag to any Apple investor. When the market-dominating aspect of your product is its (copyable) look-and-feel, then you will not have a market-dominating product for long.

It's not the look and feel, it's the experience. Android isn't IOS.
 
2011-12-06 12:29:46 PM
cameroncrazy1984: Theaetetus: No, they didn't. They changed the height, but also changed the width. They also noted the measurements of both devices in mm in the text beneath the picture, admitted that the picture was altered to align the heights to emphasize the UI similarities, and included a dozen other pictures showing the aspect ratio differences.

So then what apple was saying was that if you align the heights, the UI is similar? Boy, that's gotta be a huge problem for the typical consumer, who frequently photoshops products to alignn the heights so as to see similarities and differences in the product doesn't hold two competing products side by side during use, but instead looks at one and then, at some point later looks at the other one and has to rely on memory to determine any differences.


FTFY. In both design patents and trademark law, products don't have to be compared side-by-side, if they're not typically done so in the market place.
 
2011-12-06 12:45:22 PM
Apple really thinks their customers are dumb enough to mistake the two.
 
2011-12-06 12:47:21 PM
Aarontology: Apple really thinks their customers are dumb enough to mistake the two.

I think it is Apple recognising that people buy their products to show off and look cool, hence the appearance is what matters. No PC manufacturer has ever cared that other PCs look the same. To them and their customers what matters is the spec, performance, etc.
 
2011-12-06 12:59:38 PM
Theaetetus: FTFY. In both design patents and trademark law, products don't have to be compared side-by-side, if they're not typically done so in the market place.

Uh, but apparently not allowed to look at the back of the device?
 
2011-12-06 01:04:32 PM
do not make them out of any for of matter or energy and do not have them exist at any point in time or space
 
2011-12-06 01:05:20 PM
Dead for Tax Reasons: do not make them out of any forform of matter or energy and do not have them exist at any point in time or space
 
2011-12-06 01:13:45 PM
Hasn't precedent been set with the Gibson vs Paul Reed Smith case?
 
2011-12-06 01:13:56 PM
I'm just glad we didn't have to deal with all this utter bullshiat on TV's. So far.
 
2011-12-06 01:15:32 PM
Intellectual property law should work the way I think it should, not the way it actually does!!!
 
2011-12-06 01:15:48 PM
Aw, put a core in it, Apple.
 
2011-12-06 01:17:45 PM
Theaetetus: [topandroidtablet.com image 504x400]

Does that woman have ACER tattooed on her chest?
 
2011-12-06 01:17:46 PM
Virtual Pariah: Gibson vs Paul Reed Smith

That's trademark, not design patents.
 
2011-12-06 01:19:21 PM
SuperChuck: Theaetetus: [topandroidtablet.com image 504x400]

Does that woman have ACER tattooed on her chest?


No... you can't see the other letters due to her dress, but she's a well known MMA fighter who goes by "Menacer".
 
2011-12-06 01:23:25 PM
◦Display screens that are more square than rectangular or not rectangular at all

All display screens are rectangular, but some are more rectangular than others.
 
2011-12-06 01:23:41 PM
chaddsfarkprefect: Aw, put a core in it, Apple.

or, part 4 cores in it

www.asus.com
 
2011-12-06 01:24:16 PM
pute kisses like a man: chaddsfarkprefect: Aw, put a core in it, Apple.

or, part 4 cores in it

[www.asus.com image 500x500]


put. whoops.
 
2011-12-06 01:25:52 PM
Whats humorious to me is the ipad wasn't even shown first. Android tablets pre-date it, even with that look. Many were annouced at CES 2010, weeks before ipad was shown.

Several other devices with similar form factors were released years prior to that even.
 
Bf+
2011-12-06 01:48:51 PM
just wait until Mead hears about this!
imagethumbnails.milo.com
Apple, you're farked!
 
2011-12-06 01:51:53 PM
Bf+: just wait until Mead hears about this gets the memo!
 
2011-12-06 01:51:59 PM
for the life of me I can't see why anyone would want a tablet, Apple or otherwise, for any reason other than to amuse and teach a child, or to waste time while commuting.

If I thought I needed one, I'd get the Asus pictured above.

Nothing against Apple. I am actually in the market for an MBA and a MBP for my wife and myself. I might get my parents an iMac in holes that I can lighten my PC support role.
 
2011-12-06 01:57:52 PM
James!: [www.talkandroid.com image 540x417]

[cdn2.ubergizmo.com image 640x427]

ZOMG How will I ever tell the difference!?


The Samsung doesn't suck.
 
2011-12-06 02:00:54 PM
Moses is going to have to pony up for those tablets of his...
 
2011-12-06 02:01:13 PM
H31N0US: to waste time while commuting.

That's primarily what I use mine for.
Additionally, I took it with me when my wife and I went to France a month ago... The battery life was awesome - we were able to watch the first several episodes of Game of Thrones while on the flight, with battery left to spare on arrival. Used it for maps, too, without even using data roaming... I'd swing by a Starbucks and load up a map for where we were going via WiFi, and then let the GPS handle the rest.
 
2011-12-06 02:04:16 PM
Theaetetus: Only slightly.

I guess that's a personal opinion-- but I would have called the difference between 4:3 and 16:9 more than "only slightly."
 
2011-12-06 02:11:12 PM
H31N0US: I can't see why anyone would want a tablet, Apple or otherwise

I can't see why any one would need one, but want is an entirely different ballgame. They really don't do anything you can't already easily do if you have a laptop and a phone. But they're handy little instant-on web browsers for around the house.
 
2011-12-06 02:13:57 PM
This is begging for a photoshop contest. Alternate designs for Samsungs next tablet...
 
2011-12-06 02:21:43 PM
Theaetetus: How come Samsung can't come up with one that's not indistinguishable from the iPad?

If you can tell the difference between an SDTV and an HDTV when they're off, you can tell the difference between these. My mom might not know if she's actually watching an HD program, or be able to tell if it's native 16:9 content or 4:3 content stretched to fill... but she definitely knows the difference between a widescreen television and an old-school 4:3 television at a glance.

I was mistaken earlier, however-- the Galaxy is 16:10, not 16:9. I don't think this changes my argument much. There's a fundamental and obvious difference between the two that nontechnical people will easily spot even without looking at the logos, the back, the button layout (there's none on the front of the samsung, for pete's sake!), the camera locations, or the connectors.
 
2011-12-06 02:23:44 PM
Apple has a patent on being black and thin? Did anyone tell Halle Berry?
 
2011-12-06 02:26:53 PM
raygundan: Theaetetus: Only slightly.

I guess that's a personal opinion-- but I would have called the difference between 4:3 and 16:9 more than "only slightly."


I would too, but those aren't the proper ratios.

iPad 2 (new window)
240 mm (h)
186 mm (w)
Ratio: 1.29:1

iPad 1 (lest you think I'm picking products)
243 mm (h)
190 mm (w)
Ratio: 1.28:1

Galaxy Tab 10.1 (new window)
256.7 mm (h)
175.3 mm (w)
Ratio: 1.46:1

Galaxy Tab 10.1V
246.2 mm (h)
170.4 mm (w)
Ratio: 1.44:1

16 units (h)
9 units (w)
Ratio: 1.78:1

4 units (h)
3 units (w)
Ratio: 1.33:1

The Samsung is a lot closer to 4:3 than it is to 16:9.
 
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