Is anyone following the Apple v Samsung battle?
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A Look can be design registered, or trademarked as can colours, scents, sounds!
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@richard said:
A Look can be design registered, or trademarked as can colours, scents, sounds!
Which is why my new perfume U-Reek-A is going to nab me a fortune.
I think it is probably Xerox who are wondering why they were thinking when they gave away the farm. -
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@richard said:
A Look can be design registered, or trademarked as can colours, scents, sounds!
Agree on that.People would kill for copying chicken recipes too. As a designer, you know when you are being copied.
Always, always, I will side with the original.. copycats always try to do things better because they have the original as the base.
Matter of principle.. but not very important to end users really.
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There are no completely original works. Everything is an improvement on something else or a repurposing of something old to do something new.
@cuttingedge said:
As a designer, you know when you are being copied.
No, you don't. There have plenty of cases when people have stumbled upon similar ideas, but only one profited or overreacted. If things as complex like the telephone, light bulbs and computers had different people at different times and even at the same time coming up with similar ideas then for simple or more common things like logos or food it will happen a lot more frequently. The point is that we don't live in a vacuum, inventions, innovations, ideas, art is a reinterpretation of things we have seen or experienced wether from nature or man made objects. So copyright and patent laws should reflect this and not treat the author, inventor, artist etc, like some divine genius that can conjur things out of thin air.
@cuttingedge said:
Always, always, I will side with the original.. copycats always try to do things better because they have the original as the base.
Of course I don't side with counterfeiters that just copy a design or work to pass it off as something that it isn't in order to make a profit. But taking something, applying the best features up to that point and making improvements on it is called progress.
Progress should be more important than the profits of any one company or individual. I'm not saying that the innovators shouldn't be protected for a limited time but to stifle competition and progress for more than a years or 2 is too much. -
@mike lucey said:
BTW, I think if Steve Jobs was still at the helm, this Apple v Samsung circus would not have escalated to this level.
"Steve Jobs said he wanted to destroy Android and would spend all of Apple's money and his dying breath if that is what it took to do so."
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And, let's dredge up this old TED article.
http://www.ted.com/talks/lang/en/johanna_blakley_lessons_from_fashion_s_free_culture.html -
I had to post this image that I came across the other day on Apple's own efforts of copying the designs of BRAUN. Makes you really question Apple's level or so called "morals!".
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@richard said:
I had to post this image that I came across the other day on Apple's own efforts of copying the designs of BRAUN. Makes you really question Apple's level or so called "morals!".
So like I said, improvement of designs and function without copying something outright is called progress and that picture shows it clearly. It's obvious that Apple is an extremely hypocritical and overzelous company. They should either reform or die. If they had been a more "normal" company I'm pretty sure they could have been even more successful then they are now, but they just polarize their potential customer base and lose out.
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I think we are getting to the nub of the matter!
I found an interesting piece, Was Steve Jobs an Innovator or Just a Tweaker?
http://thomaszweifel.blogspot.ie/2011/12/was-steve-jobs-innovator-or-just.html It takes an interesting approach with good backups arguments.I like, "Such men, the economists argue, provided the 'micro inventions necessary to make macro inventions highly productive and remunerative." also what Bill G said to Steve J when he was 'summoned' for a bollocking after the launch of Windows, "Gates looked back at Jobs calmly. Everyone knew where the windows and the icons came from. 'Well, Steve,' Gates responded. 'I think there’s more than one way of looking at it. I think it’s more like we both had this rich neighbor named Xerox and I broke into his house to steal the TV set and found out that you had already stolen it.' "
For me Jobs was a clever innovative tweaker and his real innovation was the realization that in order to produce the total Apple package it had to be a 'closed system' consisting of nice shiney products run by a good solid OS. This way the Apple Package could not be added to and the tweak could be seen as an Apple 'Innovation' with a few clever but minor enough inventions.
If Apple top brass could employ robots to work for them in there outlets and I imagine to a certain degree, in their design / development departments, I believe they would do so. Much of their manufacturing is by robots from what I see and the aim is probably total manufacture by robots.
I like Apple products and will remain buying / using them until I see something better to take their place. While I would not like to work for Apple in their closed system I can see the benefits of this system, less possibilities of breakdowns due to 3rd party add ons etc. The new 15" MBP is an example of this with no real possibility of even upgrading memory after sale! But at the same time the unit is quite an impressive 'tweak' with its retina display but this lead will be short lived as I imagine the other big guns are working on similar displays / packaging.
As far as court battles go, this looks to me to be just another means of retaining market share for as long as possible. Copyright is only the argument being used, I really don't think its about design copyright. I think this route is now being perused because Apple's coffers as so full of cash that they are not worried about what the legal vultures are / will change for their efforts in confusing matters which in turn holds Apple's market grasp for longer, in the USA and possibly parts of the EU at least. Its all about cash!
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.... further.
We all remember the MAC v WIN videos, now dead in their tracks? While they were funny at the start, they beacme boring over time.
I think a lot of MAC users, me included, felt these videos were a little underhanded. The way to trump the opposition / competition is by producing better results, not trying to make them look stupid! Apple must have realised this and are now taking the Court route.
Folks will see through this also. Trouble is now, from what I see, is that Apple could well be believing their own BS! I wish they would cut out this messing and get on with what they are quite good at, innovative tweaking. I am quite looking forward to seeing what they have in mind for my possible next TV
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Another interesting case...
Apple sues Polish online grocery store over 'A.pl' domain
http://thenextweb.com/apple/2012/09/10/apple-reportedly-suing-polish-online-supermarket-trademarking-name-a-pl/ -
@beginner said:
Another interesting case...
Apple sues Polish online grocery store over 'A.pl' domain
http://thenextweb.com/apple/2012/09/10/apple-reportedly-suing-polish-online-supermarket-trademarking-name-a-pl/Apple is run buy a bunch dumbheads.....They will soon sue people in markets who sell apples and start to register the name of the apple fruit in every language.
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It was once rumored that they planned to buy "our" TV manufacturer Loewe (since 1923).
The design would fit...That would make me
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The Polish A.pl is really taking things too far!
Anyway, it looks like the new iPhone5 could be in a spot of bother!
Is The Next iPhone Already In Patent Trouble?
'.....competitors such as Samsung and HTC are already warning Apple that if it releases a new iPhone with LTE connectivity, they will sue the company for patent infringements and will demand a sales ban in the U.S.'
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...... the saying, 'What's sauce for the goose is sauce for the gander!' comes to mind
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Just thought that we should start planning what the phonetic alphabet will become if the likes of APPLE start to make claim to the rights of each letter!
Apple, British Petrolium, Coke, Dell, Exxon, Ford, General Motors, Honda, Intel, .......!!!
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The bigger they are the harder they fall... I'd keep a close eye on the share price if you hold any.
http://www.bbc.co.uk/news/technology-19557497
It does raise the question have Apple lost their innovation skills?
I also wonder where Apple stand if others refuse to supply or licence their own innovations to Apple because of their arrogance?
They might even have backed themselves into a corner with their "Look & Feel" protectionism which others will turn on them... 7" screen anyone?
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Yeah, Apple really need to 'lighten up'! They are taking themselves far to seriously when it comes to some areas they are trying to protect.
The main attraction with Apple for me is their OS. Yes, their goods are well built and nice to use etc etc but its really the 'ease of use' issue that is important for me and, I imagine, many other Mac users.
Still when a company has cash flowing out their ears they will be temped to get into legal ways of holding their position and they will find no shortage of legals willing to take their cash.
The best way to stay ahead is to keep ahead, not beat the completion back!
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This thread has been a real iOpener. Wait, no I didn't say that, iMeant to say something else but
iGot confused. Sh**, iPut myself in real trouble now. iGotta go.
I think Apple may be also playing the "there is no such thing as bad advertising" card. It's pathetic, so if someone can come up with a cover that makes my iPhone look like a Samsung, I'm a taker.
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