Linked by Thom Holwerda on Fri 21st Oct 2011 23:17 UTC, submitted by jello
Apple So, how serious is the legal battle between Apple and the various Android phone makers, really? Surely, it's just logical business sense that's behind it, right? Calculated, well-planned precision strikes designed to hurt Android where simply making better, more innovative products isn't enough? Well, no, not really. We already knew Steve Jobs took this personal - now we know just how personal.
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RE[6]: Comment by Jennimc
by frderi on Sat 22nd Oct 2011 11:48 UTC in reply to "RE[5]: Comment by Jennimc"
frderi
Member since:
2011-06-17

> I was talking about features that were said, like "combine the PDA with the smartphone" or the features that offered Palm Pilot, Ibm Simon, Apple Newton, etc.

>That "ran away with" expression is too similar to "stealing", they are not stealing, Apple did not steal anything from Xerox or IBM Simon or Knight Ridder(*), even if Steve Jobs says it

I think making a clear distinction between features and design is very important in this debate. I do believe products that are designed too similar and clearly mimick the whole widget of an original product is theft. One could speak of product identity theft, corporate identity theft or theft of goodwill related to the original product or company, because a sale of the cloned product will not result in a sale of the original product. So is this stealing? Yes. Its theft of sales, thats what it is.

Consider human reproduction. Nobody will sue you for making another human and giving him the chances in life to become a fully developed individual. You will not get sued for having the same features of other people. We are all equipped with the same ones, some more pronounced than others in each individual, some working considerably well in some individuals, others sadly being impaired or defunct in some individuals. You will get sued, however, when you mimic another person so close that people cannot distinguish between the original person and the other properly, and you start receiving benefits associated with this original person, such as cashing in his monthly wage. This is considered identity theft and fraud.

Indeed, Apple did not steal from Xerox. They commercialized parts of the GUI ideas at Xerox, a market Xerox wasn't interested in entering in the first place. So they licensed these ideas and Xerox took a stake in Apple. They also put a lot of work in actually implementing and making the ideas from Xerox in an actual usable product. The Xerox Alto was a concept, not a finished product.

Edited 2011-10-22 11:55 UTC

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