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.

Reply Parent Score: 0

RE[8]: Comment by Jennimc
by frderi on Sun 23rd Oct 2011 11:14 in reply to "RE[7]: Comment by Jennimc"
frderi Member since:
2011-06-17


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.


A product is more than a name. So it is OK for you to dress up as someone else and pick up his monthly tab, as long as you can just trust on the fact that you don't have to identify yourself to someone else and you don't tell anyone you're him?

Reply Parent Score: 1

RE[9]: Comment by Jennimc
by rr7.num7 on Sun 23rd Oct 2011 15:39 in reply to "RE[8]: Comment by Jennimc"
rr7.num7 Member since:
2010-04-30

A product is more than a name. So it is OK for you to dress up as someone else and pick up his monthly tab, as long as you can just trust on the fact that you don't have to identify yourself to someone else and you don't tell anyone you're him?


Again, that's a bad analogy. The other companies aren't picking up anyone's monthly tab. You act as if the mobile market was the property of Apple. And nobody, nobody buys a phone from Samsung, Motorola, HTC, etc. thinking they are getting an iPhone, accidentally giving them money that was "supposed" to go to Apple.

Better analogy: I am a developer who codes mainly in C++ and Java, and I know quite a few frameworks and libraries. If you (or anyone else) want to learn everything I know (and dress like me) that's fine by me. Actually I hang around in some programming forums and try to help anyone I can. I'm very confident about myself and my skills, so I'm not affraid of "competition".

Reply Parent Score: 2