Linked by Thom Holwerda on Sat 30th Jun 2012 19:34 UTC
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Member since:
2011-01-28
Tony Swash,
"Leaving aside whether Samsung have or have not copied Apple do you think that in general companies should be free to copy other companies products with no legal restraint?"
You need to define what is meant by "copy", there are copyrights, trademarks, process patents and design patents. None of them work quite the same way... The biggest controversy with patents in particular for CS folks is that they are used against implementations even when they are NOT copied.
Of course this case is about overly broad design patents. Some can be so broad that it's very likely for new products to infringe simply by coincidence, and that's a problem.
In the case of one guy's freedom to kick competitors out of the market, and our freedom to develop & bring new products to the market, I think the law should error on the side of allowing competitors in the market. Being copied is just be a risk of doing business.
If customers are honestly being confused, then I can see merit in stopping the counterfeits. But if customers understand what they're buying, then let them drive the market without interference by government decree.