Linked by Thom Holwerda on Mon 30th Jul 2012 19:38 UTC, submitted by tupp
PDAs, Cellphones, Wireless It might be a cliche, but sometimes, a picture says more than a thousand words. Over the years, I've often talked about how the technology world is iterative, about how products are virtually always built upon that which came before, about how almost always, multiple people independently arrive at the same products since they work within the same constraints of the current state of technology. This elementary aspect of the technology world, which some would rather forget, has been illustrated very, very well in one of Samsung's legal filings against Apple.
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To posters in general
by Sabon on Tue 31st Jul 2012 22:55 UTC
Sabon
Member since:
2005-07-06

The main issue is that Samsung created their products so that people will see them and think they are an Apple device. Even Samsung's lawyers couldn't tell them apart.

It's not just the hardware. It's the visuals on the devices themselves. They purposely tried to make their devices look as much as possible like the iPhone/Touch/iPad.

We know what to look for, if someone where to cover up the hardware part, to tell if it is an Apple device or something else. A lot of people can't tell though.

I've more than a couple of people tell me they had an Samsung iPad. That is their words. They were things they couldn't figure out and showed it to me. They weren't happy with the device and were complaining about it. They were shocked when I told them it wasn't an iPad.

Note: The people bought them at Best Buy. They had gone in and said they wanted an iPad. The person acted like it was an iPad when they bought it. They took them back and got their money back then went to an Apple store and bought iPads. They are happier now.

Reply Score: 0

RE: To posters in general
by Splinter on Wed 1st Aug 2012 03:36 in reply to "To posters in general"
Splinter Member since:
2005-07-13

The main issue is that Samsung created their products so that people will see them and think they are an Apple device. Even Samsung's lawyers couldn't tell them apart.

It's not just the hardware. It's the visuals on the devices themselves. They purposely tried to make their devices look as much as possible like the iPhone/Touch/iPad.

We know what to look for, if someone where to cover up the hardware part, to tell if it is an Apple device or something else. A lot of people can't tell though.

I've more than a couple of people tell me they had an Samsung iPad. That is their words. They were things they couldn't figure out and showed it to me. They weren't happy with the device and were complaining about it. They were shocked when I told them it wasn't an iPad.

Note: The people bought them at Best Buy. They had gone in and said they wanted an iPad. The person acted like it was an iPad when they bought it. They took them back and got their money back then went to an Apple store and bought iPads. They are happier now.


The problem I have with this argument is that Samsung tablets have Samsung written on the front! Where does Apple have it's name or logo? On the back! I would argue it is Apple that deliberately designed a device that was ambiguous. As for the people calling tablets in general iPad's that is common in our world. Many cassette players were called "Walkman's", many MP3 players were called "iPods" and many vacuum cleaners are called "Hovers" by consumers. However that is a consumer terminology issue not proof of copying.

Reply Parent Score: 5

RE[2]: To posters in general
by Sabon on Wed 1st Aug 2012 16:57 in reply to "RE: To posters in general"
Sabon Member since:
2005-07-06

People may call other vacuum cleaners Hoovers (they are starting to call them Dysons now) but the companies that made them are not allowed to make them look exactly or almost exactly the same. They have to make them look different enough or the get sued.

The same is true for tablets or should be.

My main thing is. How lazy and pathetic is Samsung that they can't come up with their own look?

Reply Parent Score: -1

RE: To posters in general
by lemur2 on Wed 1st Aug 2012 03:51 in reply to "To posters in general"
lemur2 Member since:
2007-02-17

The main issue is that Samsung created their products so that people will see them and think they are an Apple device. Even Samsung's lawyers couldn't tell them apart.

It's not just the hardware. It's the visuals on the devices themselves. They purposely tried to make their devices look as much as possible like the iPhone/Touch/iPad.

We know what to look for, if someone where to cover up the hardware part, to tell if it is an Apple device or something else. A lot of people can't tell though.

I've more than a couple of people tell me they had an Samsung iPad. That is their words. They were things they couldn't figure out and showed it to me. They weren't happy with the device and were complaining about it. They were shocked when I told them it wasn't an iPad.

Note: The people bought them at Best Buy. They had gone in and said they wanted an iPad. The person acted like it was an iPad when they bought it. They took them back and got their money back then went to an Apple store and bought iPads. They are happier now.


This is a trademark issue, or trade dress issue. It has nothing to do with patents.

If this anecdote is true, then Apple may have a case against the store and the salesman who was trying to pass off a Samsung tablet as an iPad. Samsung themselves do not try to pretend their tablets are iPads. There is no case against Samsung. The Samsung tablets bear none of Apple's trade dress. Insofar as Samsung tablets do seem similar to iPads, this is due only to the fact that Samsung are making a competing tablet device, and it has to look like that.

Just as GM cars look superficially like Ford cars, because they are both cars, this does NOT mean that Ford gets to sue GM. Competition is an essential feature of a capitalist economy, the economy wouldn't function well at all if no competing products were allowed.

Apple simply doesn't win this case by throwing a hissy fit and saying "Samsung gear looks a bit like our gear". Not going to happen. Is that clear?

Edited 2012-08-01 03:52 UTC

Reply Parent Score: 6

RE: To posters in general
by Soulbender on Wed 1st Aug 2012 05:42 in reply to "To posters in general"
Soulbender Member since:
2005-08-18

The main issue is that Samsung created their products so that people will see them and think they are an Apple device.


I don't think most people are too stupid to notice the Samsung logo.

I've more than a couple of people tell me they had an Samsung iPad


That happens sometimes, just like people used to call their Walkman a Walkman even if it wasn't a Sony. There's plenty of examples of this in history.

They were shocked when I told them it wasn't an iPad.
Note: The people bought them at Best Buy.


So it's a Best Buy problem, not a Samsung problem.

Reply Parent Score: 6

RE[2]: To posters in general
by Sabon on Wed 1st Aug 2012 17:20 in reply to "RE: To posters in general"
Sabon Member since:
2005-07-06

I think you would be more surprised than me. I'm been supporting computers since 1979. I've been amazed at how many people mistake something for something else even though it is obvious to us.

And that last part is important. We know what to look for. A lot of people don't and expect to have a certain experience with the product and get a "bait and switch" where sales people (and the company) are paid extra to push device X (such as Samsung) and pretend they are selling the person what they asked for.

Note that this happens a LOT with car dealers. They don't switch brands but they purposely try to sell you a car with less than what you asked for at the higher price because the lower priced car hasn't been selling so the boss tells them to "do whatever you can without lower the price much".

Reply Parent Score: 2

RE: To posters in general
by wowzer on Wed 1st Aug 2012 16:41 in reply to "To posters in general"
wowzer Member since:
2012-08-01

They are happier now.


They must enjoy paying the Apple tax and getting ass raped.

Reply Parent Score: 1