2 ms·

"the products use icons similar to those used by Apple," according to the report. Can you patent icons? Aren't US software patents business process patents? I'

by trotsky 15y ago

"the products use icons similar to those used by Apple," according to the report. Can you patent icons? Aren't US software patents business process patents? I've read some number of software patents and can't remember a single one patenting things like a 4x4 grid of icons or colorful square pictures with rounded corners. Didn't Lotus v. Borland set precedent for a lack of look and feel copyright? [1] Said another way, WTF? [1] https://secure.wikimedia.org/wikipedia/en/wiki/Lotus_Software#.22Look_and_feel.22_lawsuits https://secure.wikimedia.org/wikipedia/en/wiki/Lotus_Softwar...

atlbeer 15y ago
This is a suit about trade dress, not copyright or patent infringement
- trotsky 15y ago
  Really? So the article has it wrong or am I misreading it? Samsung has been ordered by San Jose Federal Court judge Lucy Koh to provide Apple with samples of its unreleased tablets and smartphones as part of an ongoing patent dispute EDIT: I see the court house news article cited gets it right, quoting the court as specifying the look being directly relevant to their trade dress complaint. Thanks for the heads up. The concept of trade dress is new to me, wikipedia says: "Trade dress protection is intended to protect consumers from packaging or appearance of products that are designed to imitate other products; to prevent a consumer from buying one product under the belief that it is another." It's hard to believe a court would find consumers are in danger of buying a galaxy tab believing it was an ipad.
  - msbarnett 15y ago
    Is it really that hard to believe? If you're a really plugged in technophile you'd never make that mistake, but is the average person really that aware of what a "Galaxy Tab" is, who makes it, and how it differs from one of those "iPads"? We already have prominent news services mis-identifying Samsung phones as iPhones[1], so it's not hard to believe that people even less plugged in are having a harder time of distinguishing these products. [1] http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/smartphones.html http://www.washingtonpost.com/wp-srv/special/opinions/outloo...
    - trotsky 15y ago
      I do find it hard to believe. At various times, I've found it very difficult to tell the difference between economy sedans made by Hundai, Toyota and Honda. Yet I have a very difficult time believing that people purchase one without knowing the manufacturing brand. I have experienced one instance of someone using the term iPhone when they wanted to say smart phone. But after talking for just a minute or two it was clear they wanted advice on what phone to get be it a Motorola, LG, Apple, etc. It seems likely that's just due to apple's heavy advertising campaigns.
      - SoftwareMaven 15y ago
        I could totally picture my dad walking into Best Buy after playing with my iPad for a while, see the Samsung and not reload that the button is square, not round, and pick up the box. Here is where he would likely be saved by my education ("I'm really happy with Apple customer service", etc). However, without that, I'm sure he wouldn't have the overall awareness to know Apple versus Samsung. So, the question is, does every tech neophyte have an accolyte teaching them? I firmly believe the answer is no and that people will mistake it. Also, on the subject of cars, I don't think that is a valid comparison. You, after all, drive to the Hyundai or Honda dealership, after all. People also tend to be exponentially more careful with purchases the more expensive they get.
    - grannyg00se 15y ago
      The average person also isn't aware of how their 42" television is different from the next. And in fact they're quite similar. Even more similar than an iPad compared to a Galaxy Tab.

by trotsky 15y ago

atlbeer 15y ago

This is a suit about trade dress, not copyright or patent infringement

trotsky 15y ago
Really? So the article has it wrong or am I misreading it? Samsung has been ordered by San Jose Federal Court judge Lucy Koh to provide Apple with samples of its unreleased tablets and smartphones as part of an ongoing patent dispute EDIT: I see the court house news article cited gets it right, quoting the court as specifying the look being directly relevant to their trade dress complaint. Thanks for the heads up. The concept of trade dress is new to me, wikipedia says: "Trade dress protection is intended to protect consumers from packaging or appearance of products that are designed to imitate other products; to prevent a consumer from buying one product under the belief that it is another." It's hard to believe a court would find consumers are in danger of buying a galaxy tab believing it was an ipad.
- msbarnett 15y ago
  Is it really that hard to believe? If you're a really plugged in technophile you'd never make that mistake, but is the average person really that aware of what a "Galaxy Tab" is, who makes it, and how it differs from one of those "iPads"? We already have prominent news services mis-identifying Samsung phones as iPhones[1], so it's not hard to believe that people even less plugged in are having a harder time of distinguishing these products. [1] http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/smartphones.html http://www.washingtonpost.com/wp-srv/special/opinions/outloo...
  - trotsky 15y ago
    I do find it hard to believe. At various times, I've found it very difficult to tell the difference between economy sedans made by Hundai, Toyota and Honda. Yet I have a very difficult time believing that people purchase one without knowing the manufacturing brand. I have experienced one instance of someone using the term iPhone when they wanted to say smart phone. But after talking for just a minute or two it was clear they wanted advice on what phone to get be it a Motorola, LG, Apple, etc. It seems likely that's just due to apple's heavy advertising campaigns.
    - SoftwareMaven 15y ago
      I could totally picture my dad walking into Best Buy after playing with my iPad for a while, see the Samsung and not reload that the button is square, not round, and pick up the box. Here is where he would likely be saved by my education ("I'm really happy with Apple customer service", etc). However, without that, I'm sure he wouldn't have the overall awareness to know Apple versus Samsung. So, the question is, does every tech neophyte have an accolyte teaching them? I firmly believe the answer is no and that people will mistake it. Also, on the subject of cars, I don't think that is a valid comparison. You, after all, drive to the Hyundai or Honda dealership, after all. People also tend to be exponentially more careful with purchases the more expensive they get.
  - grannyg00se 15y ago
    The average person also isn't aware of how their 42" television is different from the next. And in fact they're quite similar. Even more similar than an iPad compared to a Galaxy Tab.