- Nov 16, 2010
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Blatant copying would the KIRF products by goophone or gooapple or any of the other exact replicas. Drawing influence from a competitor is normal and expected in the business world. Now on the first version of the Galaxy S Samsung may have gone a bit overboard on the icon backgrounds that "copied" Apples icons a bit too closely, but those were thankfully gone with the release of the S2. I would even accept Samsung having to pay for the combination of the use of the grid+icon look of touchwhiz that was used on the S1's, but the fact that both the S1 and S2's used 4 capacitive buttons and had a different styled back and edges throws out the idea of a blatant copy.
All TV's/Cars/Motorcylces/shoes/monitors/traincars/rollerskates/jeans/keyboards/telephones/etc all share very similar designs based on the direction that products became popular and recognizable in their respective industries. They differentiate themselves with logo's and minor design variances and differences in internals vs price point to stay competitive. the mobile space should be no different. When Nokia ruled the mobile space all phones were bricks, then flip phones were all the rage and the Razr brought on thin flip phones. Then Samsung (or some other company) started the bigger screen (for the time) with slideout keyboard and eventually RIM's success caused all mfg's to start making full keyboards on phones. Design follows the trends that are popular making minor changes to how they look. this is no different then what is happening now. Apple should be applauded by taking advantage of the technology that was becoming cost effective to use (ie capacitive touch screens) and making a device that people liked using. They should not be awarded design patents or otherwise on the look and features that evolved from the devices they strived to replace.
Grid based icon layouts have been around in mobile since the palm pilot days if not earlier, double tap to zoom is an obvious evolution on a touchscreen base don what you would do with a mouse on images/maps in desktop operating systems. Movies/TV shows go back decades showing the concepts of using to points to expand or collapse an image or screen. Slide to unlock is the digital representation of the chain locks on doors that have been around for ages. these are not new ideas. If Apple were patenting their exact implementation on how they do these things then that would be fine, but they are patenting the idea and not the execution and trying to force any other company evolving into the current competitive landscape to not be able to compete with the simplistic ideas.
It is for that reason I have no qualms about supporting Samsung or any other company that challenges Apple. Apple want to abuse a broken system and lock out competition which is not what America is supposed to be about. No matter how nice the aesthetics of their products may be I will never buy or recommend an Apple product to anyone I know until they change their practices, which is not likely to ever happen.
Yet there was also evidence in Samsung's own interntal documents where they directly compare their phones to the iPhone and how to copy things from the iPhone and implement them on their devices. Damning evidence.
Even if Samsung submitted their prior art/Apple design exercise evidence in time, allowing it to be used in that trial, it shows no evidence that Apple copied a commercially available device.
With regards to trade-dress, I am in total agreement about the early KIRFing going on with Samsung's early enteries in the Galaxy series. It really isn't that hard for a logical person to see- you've seen it yourself. I would be SHOCKED if Apple went after phones like the Galaxy S III and Galaxy Nexus on the grounds of trade-dress. I doubt they will. The G1, the original DROID- none of them looked remotely close to the iPhone. Samsung just took it too far. And if the same team that designed the Galaxy S III worked on the original Galaxy, it shows they didn't have to go the KIRF route.
Sent from my DROID BIONIC using Android Central Forums
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