Linked by Thom Holwerda on Sun 29th May 2011 17:23 UTC, submitted by John
Legal In order to not overwhelm OSNews with even more legal news, I didn't report on the recent developments in Apple v. Samsung until we had some more stuff to consolidate. Well, since the goings been getting good lately there, let's talk about it. Samsung was ordered to hand over a slew of unreleased products and materials to Apple, and now, Samsung, for its part, has demanded that Apple hands over the iPhone 5 and iPad 3 to Samsung. If they exist. This is gettin' good.
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The judge ordered Samsung to hand over their upcoming products, despite such products already having been publicized, so that details about them can be entered as evidence. Web magazine articles are not suitable to the task - they need the real thing (so take off the tinfoil hats).

Further, Apple needs to know design details about upcoming products so they can ask the court for an injunction against their sale before they hit the market, rather than after. Apple's position is that they have been ripped off, and they want the court to stop the culprit from profiting by it. If Samsung's new batch of phones could escape the current suit without any relevant changes from the current models, what would be the point of suing? Apple can't ask the court simply to order Samsung out of the business. They need to know specifically which models (are going to) look how much like an iPhone. That's just how legal action works.

None of that was commentary on the actual merits, but I will say that while I don't think Apple should be the only company allowed to make a wedge that's mostly just a screen, I do think Samsung and Android are lazily copycatting. Microsoft makes software for screen-wedge-phones with a significantly different interface, while other Android phones have used a variety of physical inputs, Blackberry remains distinctive, and the Palm Pre is truly differentiated both in software and hardware as the rare vertical slider with a full keyboard. No one has to make something that's just like an iPhone for functionality's sake.

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