Linked by Thom Holwerda on Wed 7th May 2014 10:43 UTC
Legal

One single paragraph from one of the many court documents (via!) in the ongoing legal battle between Apple and Samsung. One single paragraph that not only perfectly highlights the hypocrisy of technology companies, but also the complete and utter disjoint between a technology company's legal, marketing, and engineering departments.

Contrary to the image it has cultivated in the popular press, Apple has admitted in internal documents that its strength is not in developing new technologies first, but in successfully commercializing them. When Apple was developing its campaign to promote the first iPhone, it considered - and rejected - advertisements that touted alleged Apple "firsts" with the iPhone. As one Apple employee explained to an overly exuberant Apple marketer, "I don't know how many things we can come up with that you can legitimately claim we did first. Certainly we have the first successful versions of many features, but that's different than launching something to market first." In this vein, the employee methodically explained that Palm, Nokia and others had first invented the iPhone's most prominent features.

The marketing department has no clue about the technology it needs to advertise. The legal department cleverly writes its patent application despite knowing full well that the technology it tries to patent is not new. Meanwhile, the engineer - the actual person implementing the technology - knows exactly what is going on, but is gagged from openly speaking his or her mind. The only thing I'm not sure about is which of these three is the biggest hypocrite.

Intellectual property - and patents in particular - has ruined the technology industry with lies, deceit, and hypocrisy. We just stood by and let it happen.

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pandronic
Member since:
2006-05-18

By protecting the shape and overall design of their product, Apple do not protect the concept of a tablet/smartphone.


The modern smartphone is a screen with a bezel. Of course the bezel will be rounded to some degree because you don't want the phone to break the first time you drop it. It's obvious.

It's like having a patent on the concept of car and force other manufacturers to put the door through the roof, use 5 wheels, a stick for changing the direction and a bathtub for seating.

Reply Parent Score: 3

majipoor Member since:
2009-01-22

The modern smartphone is a screen with a bezel. Of course the bezel will be rounded to some degree because you don't want the phone to break the first time you drop it. It's obvious.


But Apple do not try to protect any rectangular shape with rounded corners: their design patents are actually a lot more detailed.

People pretend that Apple did try to patent "rectangle with rounded corners", but this is just plain BS.

On the design patent we are talking about, current Samsung smartphones do not infringe: Apple do not try to sue Samsung on this patent for recent models. And many OEM were able to make non infringing smartphones since the begining.

But the first Galaxy S or the Galaxy Tab were infringing: how is it that Samsung is now able to make a non-infringing product and not a few years ago?

Reply Parent Score: 2

pandronic Member since:
2006-05-18

According to this article http://mobile.theverge.com/2012/11/7/3614506/apple-patents-rectangl... even if there is more detail, only the solid lines count and in this case the only solid lines are the ones in the contour.

Reply Parent Score: 4