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Knowing this audience, I'll probably get downvoted, but I'll say it anyway. That's rather cynical. This is precisely the kind of trial that doesn't require exp
by siglesias 14y ago
Knowing this audience, I'll probably get downvoted, but I'll say it anyway.
That's rather cynical. This is precisely the kind of trial that doesn't require expert thinking because most of what is up for debate is whether Samsung willfully attempted to fool customers into thinking that their products were just like an iPhone by copying the trade dress. And determining such a thing is a matter of common sense.
This reminds me of an anecdote about Brahms's first symphony:
Brahms himself said, when comment was made on the similarity with Beethoven, "any ass can see that." [1]
So it is here. We needn't pretend any longer that Samsung's designs are mere coincidence. Whether it should be punishable is another question, but under the current law this, to me, is the right call.
1) http://en.wikipedia.org/wiki/Symphony_No._1_(Brahms)#History http://en.wikipedia.org/wiki/Symphony_No._1_(Brahms)#History
- vesky 14y agoReports already show that the jurors had not idea what they were doing. Many of the claims they made had no actual basis of infringement. This reeks heavily of people that had little idea about how the system actually works and gave verdicts that were more speculative rather than grounded and based on hard acts of actual infringement. http://techcrunch.com/2012/08/24/hang-on-a-minute-jurors-awarded-apple-damages-without-finding-infringements/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Techcrunch+%28TechCrunch%29 http://techcrunch.com/2012/08/24/hang-on-a-minute-jurors-awa...
- mbreese 14y agoHonest question: Would you have the same opinion if the jury decided the other way?
- vesky 14y agoHonest answer: I would. Even more honest answer: I'd probably let the Apple fanboys share the injustice to the world.
- taligent 14y agoSorry buy you're definitely wrong there. It is not "many of the claims" it is one claim for one phone out of what 15+ that were covered in the case. It is quite understandable that there would be at least one mistake out of the all patent/phone combinations.
- lubos 14y agoThen how do you explain this: "The judge is writing a note to the jury to point out exactly what the inconsistencies are, because they couldn’t seem to tell from going over the document themselves." Poor judge who was reading it seems to be more switched on than people who were writing it. I'm sure court room felt like an elementary school at that point.
- wklauss 14y agoWell, then there's no one to blame but the parts involved. For weeks they called witnesses and experts to the stand to explain the jury their claims. They should have bring better experts or explain things better. Also, both parts agreed on the jury during the selection process.