Linked by Thom Holwerda on Fri 24th Aug 2012 23:54 UTC
Legal And just like that, within a matter of days, the jury has reached a verdict in Apple vs. Samsung. The basic gist is simple: Apple's software patents are valid, and many Samsung devices infringe upon them. Apple's iPhone 3G trade dress is valid, and Samsung's Galaxy S line infringes, but other devices did not. Samsung did not infringe Apple's iPad design patent. Apple did not infringe any of Samsung's patents. Apple is awarded a little over $1 billion in damages. Competition lost today, and developers in the United States should really start to get worried - software patents got validated big time today.
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RE[9]: Everybody wins
by some1 on Mon 27th Aug 2012 00:58 UTC in reply to "RE[8]: Everybody wins"
some1
Member since:
2010-10-05

That's completely wrong.

The court did not rule that Microsoft did not copy Mac's "look and feel". It did not rule on that question at all. The court rejected Apple's argument that UI is copyrightable as a whole, and instead dissected it into elements. For every element they found that it's either covered by Windows 1.0 license, unoriginal to Apple, or is the only way to express the idea, so isn't protected by copyright. The court did not rule if "look and feel" can be protected at all, but noted that "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor". This is quite similar to the recent Oracle v. Google ruling, only weaker because it relies on the license.

So the big difference with Apple v. Samsung is that Apple was able to patent its "look and feel", something it didn't and couldn't do in the 80s. Patents give much broader protection and don't have "the only way to express the idea" restriction.

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