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[7]: Comment by Jennimc
by rr7.num7 on Sun 23rd Oct 2011 00:27 UTC in reply to "RE[6]: Comment by Jennimc"
rr7.num7
Member since:
2010-04-30

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.


By that reasoning, "cloned" products are killing iPhone sales, so is it murder?

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.


Terrible analogy. It would only be relevant if these other companies were selling phones/tablets with an apple logo, calling them "i-Phone", "i-Pad" or claiming they are selling an Apple product.

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