5 ms·

Those images are not that damning imo. Both phones are rectangular and thin. Does Apple have a monopoly on rectangular, thin phones? My G1 would look the same i

Those images are not that damning imo. Both phones are rectangular and thin. Does Apple have a monopoly on rectangular, thin phones? My G1 would look the same if it were thinner. Does Apple have a monopoly on icons arranged in a grid? If so, the Windows desktop and many other interfaces are at risk.

cooldeal 16y ago
Even Windows 3.1 is at risk! http://img.zdnet.com/techDirectory/_PROGMAN.GIF http://img.zdnet.com/techDirectory/_PROGMAN.GIF
- HelloBeautiful 16y ago
  Apple did sue Microsoft over Windows interface. I wonder how Bill Gates feels nowadays for saving Apple, when Steve Jobs got back. Without MS moral support - promising future releases of Mac Office, and a ton of money - Apple would've probably went bust than.
  - berntb 16y ago
    Sigh, see the paragraph starting "In 1995 Video for Windows became an issue in a lawsuit Apple filed against Microsoft" http://en.wikipedia.org/wiki/Video_for_Windows http://en.wikipedia.org/wiki/Video_for_Windows
  - SpookyAction 16y ago
    Im sure Bill Gates feels fine about saving Apple. The only reason Microsoft bailed out Apple was to fight the antitrust suit the U.S. government filed against it. By saving Apple, M$ could (and did) claim it still had a competitor in the market, so it wasn't a monopoly. As long as they distributed Office and IE for Mac OS, M$ could claim they weren't being anti-competitive by bundling IE with Windows and not releasing key Windows API's to 3rd party developers.
jameskilton 16y ago
It's trademark... No you can't go on individual features, like being rectangular, or a grid of icons, or thin, but once you put that all together in a certain way, you start getting into design trademarks. Samsung's phone is close to the same dimensions AND has the grid of applications AND has that grid at the same dimensions AND has the "dock" AND that "dock" has 4 applications AND the phone has a single "home" button at the bottom AND the speaker at the top is thin and rectangular... as the iPhone. Yes, imitation is the sincerest form of flattery, but when you start confusing consumers as to who's is who's, you're no longer in the "flattery" area.
- cube13 16y ago
  >It's trademark... No you can't go on individual features, like being rectangular, or a grid of icons, or thin, but once you put that all together in a certain way, you start getting into design trademarks. If it is the trademarks, it's really no surprise that Apple is suing. In order to keep a trademark, you have to maintain it. So Apple probably had to sue to keep their iphone trademarks. Google has the same issue with the use of the word "Google" as a verb.
- deleted 16y ago
  [deleted]
- thezilch 16y ago
  I believe you only can stand on the "dock" issue, not including it having 4 apps, as the grid constitutes that number. EVERY other point can be found together on phones pre-dating the iPhone.
  - wtallis 16y ago
    Even if the concept of third-party prior art applied to trademark disputes, there would have to be a pre-iPhone product that exhibited all of those features for it to be a good defense. Merely showing that each feature had appeared before in some product would not be sufficient.
- deleted 16y ago
  [deleted]
SpookyAction 16y ago
Patents on a product's "image" are just as ridiculous as software patents. Apple tried the same thing when they sued Microsoft over the Windows GUI and lost. 'The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]"' http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microsoft_Corporation http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microso... How is a smart phone any different? This isn't innovation, just desperation.

cooldeal 16y ago

Even Windows 3.1 is at risk! http://img.zdnet.com/techDirectory/_PROGMAN.GIF http://img.zdnet.com/techDirectory/_PROGMAN.GIF

HelloBeautiful 16y ago
Apple did sue Microsoft over Windows interface. I wonder how Bill Gates feels nowadays for saving Apple, when Steve Jobs got back. Without MS moral support - promising future releases of Mac Office, and a ton of money - Apple would've probably went bust than.
- berntb 16y ago
  Sigh, see the paragraph starting "In 1995 Video for Windows became an issue in a lawsuit Apple filed against Microsoft" http://en.wikipedia.org/wiki/Video_for_Windows http://en.wikipedia.org/wiki/Video_for_Windows
- SpookyAction 16y ago
  Im sure Bill Gates feels fine about saving Apple. The only reason Microsoft bailed out Apple was to fight the antitrust suit the U.S. government filed against it. By saving Apple, M$ could (and did) claim it still had a competitor in the market, so it wasn't a monopoly. As long as they distributed Office and IE for Mac OS, M$ could claim they weren't being anti-competitive by bundling IE with Windows and not releasing key Windows API's to 3rd party developers.

jameskilton 16y ago

It's trademark... No you can't go on individual features, like being rectangular, or a grid of icons, or thin, but once you put that all together in a certain way, you start getting into design trademarks. Samsung's phone is close to the same dimensions AND has the grid of applications AND has that grid at the same dimensions AND has the "dock" AND that "dock" has 4 applications AND the phone has a single "home" button at the bottom AND the speaker at the top is thin and rectangular... as the iPhone. Yes, imitation is the sincerest form of flattery, but when you start confusing consumers as to who's is who's, you're no longer in the "flattery" area.

cube13 16y ago
>It's trademark... No you can't go on individual features, like being rectangular, or a grid of icons, or thin, but once you put that all together in a certain way, you start getting into design trademarks. If it is the trademarks, it's really no surprise that Apple is suing. In order to keep a trademark, you have to maintain it. So Apple probably had to sue to keep their iphone trademarks. Google has the same issue with the use of the word "Google" as a verb.
deleted 16y ago
[deleted]
thezilch 16y ago
I believe you only can stand on the "dock" issue, not including it having 4 apps, as the grid constitutes that number. EVERY other point can be found together on phones pre-dating the iPhone.
- wtallis 16y ago
  Even if the concept of third-party prior art applied to trademark disputes, there would have to be a pre-iPhone product that exhibited all of those features for it to be a good defense. Merely showing that each feature had appeared before in some product would not be sufficient.
deleted 16y ago
[deleted]

SpookyAction 16y ago

Patents on a product's "image" are just as ridiculous as software patents. Apple tried the same thing when they sued Microsoft over the Windows GUI and lost. 'The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]"' http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microsoft_Corporation http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microso... How is a smart phone any different? This isn't innovation, just desperation.