backtop


Print 47 comment(s) - last by senecarr.. on Sep 13 at 11:13 AM


  (Source: AllPosters)
Apple was hardly the first to make a Dock/Launcher; if Samsung's Windows 8 launcher "stole", so did Steve Jobs

Gizmodo's Jesus Diaz wrote an intriguing headline "Samsung Is Copying Apple’s Dock In Their Win 8 Machines Too: Will They Ever Learn?"  Mr. Diaz comments:

I don't know if Samsung is now just taunting Apple or if their user interface "designers" are the same lazy idiots who copied the iPhone icons. In any case, this is getting hilarious. Or pathetic. Or disgusting. Or all of the above.

The premise is admittedly amusing.  Is Samsung Electronics Comp., Ltd. (KSC:005930) really copying a patented and trademarked technology of Apple, Inc.'s (AAPL)?  Would it be that foolish after losing a caustic verdict in the smartphone space for allegedly lifting Apple features?

I. Who Really Invented the Dock?

The answer is that it depends on your definition of "copied", and what your feelings on a copy of a copy are, as a brief history of the dock by LunDuke explains.

When MacOS landed in 1984 it had no Dock (Launcher).  Arthur (1987) and RISC OS 2 (1989) -- operating systems from now-defunct ARM Holdings plc (LON:ARM) parent Acorn Computers -- were perhaps the first to add the feature, albeit in crude VGA form:

Risc OS 3.11
Acorn Computers pioneered the dock. [Image Source: LunDuke]

Later in 1989, Steve Jobs (having left Apple and gone to work at NeXT) pulled a Picasso and "stole" the idea, adding a dock to his NeXTSTEP operating system:

Steve Jobs
Steve Jobs arrived late to the dock/launcher part in 1989. [Image Source: FutureTG]

OS/2 3.0 (1994) and CDE (1993) offered minor improvements to this familiar theme.  But perhaps the most visually striking dock came in 2000 with AmigaOS 3.9's AmiDock, an operating system by German software firm Haage & Partner.

AmiDock
AmiDock was visually the most striking dock yet, made in 2000. [Image Source: LunDuke]

Lo and behold Steve Jobs -- having returned to Apple -- introduced a nearly identical dock to Amiga's in 2001 as part of the new MacOS X:

MacOS X Beta
The Aqua interface (MacOS X beta "Kodiak") added a dock to Apple's operating systems at long last.
[Image Source: Wikimedia Commons]

Eventually that dock would evolve visually to its current form.

OS X Mountain Lion
OS X Mountain Lion [Image Source: Apple]

But of course, Linux docks (which trace their roots to CDE, etc.) also have been actively evolving as well.  Both Ubuntu (Canonical Ltd.) and Gnome Desktop have docks which rival that of OS X, and owe to their rich lineage:

Gnome Desktop dock
Gnome Desktop (Ubuntu10.10 32-bit) [Image Source: YouTube]


II. Other Considerations : Did Samsung Infringe?

So is Samsung...

Samsung S Launcher
Samsung S Launcher [TechMynd]

...late to the dock party?   The Gizmodo piece and other similar pieces attacking Samsung do correctly point out that Apple acquired NeXTSTEP (by proxy its dock legacy and OS patent, U.S. Patent No. 5,146,556; filed Feb. 1991).  But they seriously overlook the fact that NeXTSTEP and Steve Jobs were not the first to create the dock -- Acorn Computers was.

Now Apple does hold another broad patent -- U.S. Patent No. 7,434,177 -- on the features of OS X, including the dock.  That patent was filed in Dec. 1999 and granted in 2008.  Some have interpreted that to Apple "patenting" the dock/launcher.  But in reality, it has made no effort yet to bring such enforcement and seems highly unlikely too; given the shaky historical ground it's on regarding prior art.

Gizmodo writes:

The Dock, as you can imagine, is patented.... Its design and functionality is credited to Bas Ording, Donald Lindsay and, drumroll, Steve Jobs.

However, the Dock is just a specific implementation detail in a broad patent regarding OS X.  Apple didn't "patent the dock".  It patented OS X, which includes a claim to a specific implementation of the dock.  Likewise it holds a patent on NeXTSTEP's graphical user interface, and claims to a crude early Dock.  

There often is a difference between a patent targeting a specific feature and a broad interface patent covering an entire system/user interface.  Often the latter approach leads to a narrowing of claims.  Thus this distinction should have been noted in the current coverage.

Also the patent itself contains a central claim:

1. A computer system comprising: a display; a cursor for pointing to a position within said display; a bar rendered on said display and having a plurality of tiles associated therewith; and a processor for varying a size of at least one of said plurality of tiles on said display when said cursor is proximate said bar on said display and for repositioning others of said plurality of tiles along said bar to accommodate the varied size of said one tile.

...which is slowly expanded upon in later claims.  The core of the claim is resizing tiles and repositioning the tiles, via moving the others.  The Samsung S Launcher does not appear to have either functionality.

Apple did not patent a bar with icons.  It patented specific animations of its task bar (Dock) icons.  Samsung does not appear to be overstepping this by simply having a more Dock/Launcher with static icons and a transparent back because that is not the invention claimed in the in Apple patent.

And besides this and the prior art issue, Microsoft Corp. (MSFT) has a broad cross-licensing pact with Apple and tends to zealously defend its Windows OEMs.  So it would likely not take kindly to Apple suing a Windows 8 device maker for a semi-similar design in a field with plentiful prior art.

Sources: Gizmodo, LunDuke



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

Amiga also had...
By Belard on 8/28/2012 8:11:09 PM , Rating: 5
Amiga also had Multi-tasking since its release in 1985. It would take MS Windows95 to have that for the general user and Macs in 2000 with OS-X.

Needless to say, having to use MS-DOS and Windows 3.x(which is not an OS) was like pulling teeth compared to AmigaOS.




RE: Amiga also had...
By Belard on 8/28/2012 8:43:24 PM , Rating: 2
AMIDOCK was never part of classic AmigaOS (1.x~3.1) After Commodore died and other OS updates came out, it was added.


RE: Amiga also had...
By ShaolinSoccer on 8/28/2012 10:46:45 PM , Rating: 3
Who cares? The Amiga blew away Apple IIGS (the best at that time) and any IBM. Am I the only person who knows this?! I'll never truly understand how Commodore didn't dominate...


RE: Amiga also had...
By muhahaaha on 8/28/2012 11:54:35 PM , Rating: 4
You bet. Amiga had full color graphics and preemptive multitasking when the Mac was just black and white and slow POS.

They had a tech called HAM (Hold and Modify) that gave them 4096 colors when Apple barely was out of black and white. The Apple2GS came out with better color abilities a short time later, but it was prohibitively expensive and still couldn't compete.

http://lowendmac.com/orchard/06/amiga-origin-commo...

Commodore bought the Amiga from another company called "Amiga Corporation" and essentially ruined it, which is too bad. It was well ahead of its time. It took a decade or more for MS and Apple to catch up.

It was the custom chips in the Amiga that really made a difference, and provided graphics and animation that was unheard of at the time.

Michael Jackson, Andy Warhol, and others used Amiga's to design their stuff. There were several movies made with the "Video Toaster" tech that hooked into the Amiga.

This month is a bad day for technology, but a time to remember some better days. I had an Amiga, and I was doing things most people are just starting to be able to do today.


RE: Amiga also had...
By Samus on 8/29/2012 1:52:49 AM , Rating: 1
OS/2 was the first truely multitasking OS I used, but after Windows95 came out, OS/2 was doomed as Microsoft would not licensed a 32-bit version of WinOS/2 to IBM.

Today, that would probably be considered anti-competitive, (almost like Microsoft suing the GNU community for WINE) but back then Microsoft was getting away with bloody murder.


RE: Amiga also had...
By michael2k on 8/29/2012 2:13:39 AM , Rating: 4
Technically they didn't get away with it. Their attempt to withhold Windows licenses from IBM over OS/2 was part of the landmark DoJ antitrust suit.

Of course they didn't really get harmed by it, they actually tripped themselves up because they couldn't release a successor to XP for over 5 years, let IE fall behind, and let WM/WP fall behind as well as not responding to the iPod in a timely manner.


RE: Amiga also had...
By Paj on 8/29/2012 9:28:23 AM , Rating: 2
Man... the Amiga was such an amazing machine for its day. Such a shame Commodore lost the plot.


RE: Amiga also had...
By Jeffk464 on 8/29/2012 10:09:33 AM , Rating: 4
Is it just me or are all these court battles by apple almost an admission that they can't compete anymore.


RE: Amiga also had...
By tng on 8/29/2012 10:21:20 AM , Rating: 1
Yeah, Apple has always tried to make a huge splash with it's products going all the way back to the 80's. Steve was a genius at marketing. The problem is that you can't hit one out of the park or be revolutionary on every product, so you have to go a different route.


RE: Amiga also had...
By tecknurd on 9/2/2012 3:21:22 PM , Rating: 2
quote:
Amiga also had Multi-tasking since its release in 1985. It would take MS Windows95 to have that for the general user and Macs in 2000 with OS-X.

Needless to say, having to use MS-DOS and Windows 3.x(which is not an OS) was like pulling teeth compared to AmigaOS.

The Windows environment is multi-processing and not multi-tasking.

I have not heard or read about Amiga until a few years ago. Sure Amiga may be a good OS, but it seems to me there were no developer community for it or not in the commercial area. MS-DOS and Windows back then had the developer community because Microsoft provided the tools to ease making the software. I have used Windows 3.1 for several years with an 80386 until I got a new computer with Windows 98. Fixing Windows 98 when there are problems is a pain. Fixing Windows 3.1 when there are problems is easy. Pirating made fixing Windows after 3.1 a pain in the ass.

Today's Windows versions since Windows 98, documentation is light-weight compared when Windows 3.1 came out. Reading documentation for today's Windows version and Office suite is like pulling teeth and worst I feel stupid after reading the documentation.


Classy
By Digimonkey on 8/28/2012 4:59:43 PM , Rating: 2
I like how the Gizmodo author told one of the commenters to "RTFA, Shortbus".




RE: Classy
By JasonMick (blog) on 8/28/2012 5:21:52 PM , Rating: 5
quote:
I like how the Gizmodo author told one of the commenters to "RTFA, Shortbus".
Kind of funny that Giz would go to such great lengths to rep a company that trappled the civil liberties of one of its writer, even essentially masterminding a home invasion of his property. Pretty ironic, to say the least.

Guess they must be really working hard to get back on Apple's good side and win that press pass back?


RE: Classy
By someguy123 on 8/28/2012 9:36:15 PM , Rating: 4
The Gawker family simply writes articles based on what will likely get them the most hits. I doubt this is even this guy's real opinion. Whenever someone links to gizmodo they're either laughing or filled with absolute rage. I wouldn't take anything they post seriously.


RE: Classy
By messele on 8/30/2012 1:40:04 AM , Rating: 1
Yeah, but like some DailyBilge site I know. They are really no different.


RE: Classy
By senecarr on 9/13/2012 11:05:19 AM , Rating: 2
Of the articles of Jesus Diaz's that I've read, I'm pretty sure he isn't a professional blogger nor journalist, but a professional troll who writes articles.
If Apple came out with digital rectal scans as a requirement to access your iTunes and App store accounts, he'd probably write an article about how great it is - so much more secure to shove your phone up your rear before you watch your DRM copy of Avengers. I'm just not sure if he'd believe what he wrote or was just hoping for page hits.


My hope and assumption
By Dorkyman on 8/28/2012 6:38:52 PM , Rating: 5
My hope and assumption with all this is that Samsung appeals and smarter people look at ALL the evidence and overturn the outrageous verdict.

At this point I'd put the odds at 90% that the verdict will be reversed. If I were on the Samsung legal team I'd probably lead with the refusal by Koh to allow ALL the evidence in, such as the Sony prototype documentation. Even to Apple fanatics that was over-the-top.




RE: My hope and assumption
By GulWestfale on 8/28/2012 8:00:25 PM , Rating: 2
RE: My hope and assumption
By michael2k on 8/29/12, Rating: 0
RE: My hope and assumption
By Tony Swash on 8/29/12, Rating: 0
Mick == fail
By Pirks on 8/29/2012 4:23:35 AM , Rating: 1
Here's why: S-Launcher is not static , its icons are getting larger as cursor is going over them. This is exactly what Apple has patented.

Move on people. Mick doesn't know what he's talking about, as usual :)))




RE: Mick == fail
By tng on 8/29/2012 10:18:02 AM , Rating: 2
Your statement...
quote:
its icons are getting larger as cursor is going over them. This is exactly what Apple has patented.


From the article...
quote:
varying a size of at least one of said plurality of tiles on said display when said cursor is proximate


So it is there, why did you miss that? Reading fail...


RE: Mick == fail
By Pirks on 8/29/12, Rating: -1
RE: Mick == fail
By tng on 8/29/2012 6:47:26 PM , Rating: 3
I thought the quote from the patent spoke for itself.

As for your name calling, well just the sign of immaturity as far as I can see, but that seems somewhat normal for you here.


Acorn looks like Metro?
By Belard on 8/28/2012 8:18:34 PM , Rating: 2
Anyone else notice how Windows8/metro looks like some sort of 80s era OS? Ah... Acorn / Amiga OS 2.x? The reason we had such flat and bland looking UI back then is BECAUSE out video graphics could only handle 2~16 colors! How lame, Microsoft.

Also, Windows 7 introduce the DOC to the OS as well... its one of the good features added that Vista DOES NOT HAVE.

Also, why use of the Start menu went down... we have a dock. I admit on mine, I use it with words to the right because Win7 isn't clear which is which when I have 4 different explorer Windows open.




RE: Acorn looks like Metro?
By ShaolinSoccer on 8/28/2012 10:54:07 PM , Rating: 2
It wouldn't surprise me if Windows 9 is Windows 8 except with 3D tiles... and windows 10 is 3D tiles except with something flashier... It's all about the dollar... Never give the customer the absolute best product or they will be spoiled and have no need to upgrade...


Glad...
By noirsoft on 8/30/2012 12:41:41 AM , Rating: 2
It's great that the Apple patent is heavily invested in the resizing & virtual repositioning of icons on the dock. That is the stupidest feature and no sane person would want to copy it anyways. So, if Apple wants to say "You can make a dock, just don't make it stupid like ours" I'm happy with that.




RE: Glad...
By Freakie on 8/30/2012 2:45:33 AM , Rating: 2
Ditto. I HATE that feature on OSX's dock, bugs the crap out of me xP So yeah, nice that other companies can implement something that I prefer without fear of legal repercussions.


Prior art?
By probedb on 8/29/2012 3:06:58 AM , Rating: 3
But this is the US Patents Office, where prior art doesn't matter, especially if you're a US company wanting the patent.




Why can't we be friends??
By dsquare86 on 8/28/2012 7:31:59 PM , Rating: 2
Seriously, why can't we all be friends? My neighbor down the street owns a Mac and I own Samsung, we get along fine.




Hatred doesn't help
By MartyLK on 8/29/2012 11:33:58 AM , Rating: 2
I've said it before and say it again. When you hate something or someone, you aid it or them in being successful. Hating Apple only helps make them successful. Hating Apple is counter-intuitive. The hate benefits Apple because it's as if the universe is saying, "I despise hatred and because of your hate, I'm going to give the object or your hate success".

Every time someone has displayed a childish and immature episode of hate towards Apple, Apple has had great success.




Come on Jason, let it go man ....
By web2dot0 on 8/28/12, Rating: -1
RE: Come on Jason, let it go man ....
By Digimonkey on 8/28/2012 5:19:45 PM , Rating: 2
quote:
But how can you blame Apple when they just got $1,000,000,000 dollars from the latest dispute? IF you were in Tim Cook's position, would you do the same?


How can you blame Jason for concentrating on subject matter that seems to get 100+ comments. The recent Apple articles seem to generate the most buzz.

If you don't like the continuous Apple bashing, maybe this isn't the site for you. You also could just ignore the articles with Apple in the title, I'm not even sure you're reading them anyways.


RE: Come on Jason, let it go man ....
By TakinYourPoints on 8/28/2012 5:30:28 PM , Rating: 2
quote:
How can you blame Jason for concentrating on subject matter that seems to get 100+ comments. The recent Apple articles seem to generate the most buzz.


Its true. I was in a Corsair hardware thread here a little bit ago and it was just me and two other people talking about how good they are. I think it ended at about six comments, piddly. No, nerds want drama.

Apple stories are a godsend for tech sites and getting ad hits. I'm sure looking at their own ad metrics has trained them. Rat pushes the lever and gets a piece of cheese, tech blogger posts Apple story and the ad revenue from forum slapfights come rolling in. Same thing.


RE: Come on Jason, let it go man ....
By JasonMick (blog) on 8/28/2012 5:47:27 PM , Rating: 3
quote:
Its true. I was in a Corsair hardware thread here a little bit ago and it was just me and two other people talking about how good they are. I think it ended at about six comments, piddly. No, nerds want drama.

Apple stories are a godsend for tech sites and getting ad hits. I'm sure looking at their own ad metrics has trained them. Rat pushes the lever and gets a piece of cheese, tech blogger posts Apple story and the ad revenue from forum slapfights come rolling in. Same thing.
I do like Corsair, but profile is a major influencer of coverage.

Corsair is a small hardware maker. It makes interesting products, but do 90 percent of Americans know or care about it? No.

By contrast Apple is forecast to be the most profitable company in the U.S. this year, and it generally has had the single best-selling smartphone (though the Galaxy S III may have usurped that title). Everyone knows about Apple (almost), and opinions on it vary.

Likewise, Samsung is the world's biggest LCD panel maker, biggest DRAM maker, biggest smartphone maker. It too is becoming a vast household name, if it is not already.

So am I covering this legal battle for hits? Not from my perspective. I'm covering it because:
A) It's interesting.
B) It's important.
C) Everyone can enjoy the coverage.
D) It "stirs the pot" and promotes a lively discussion on IP law.

Of course, the hits are a nice perk.

But this isn't a couple of bums fighting each other on the street corner. Apple v. Samsung is the corporate equivalent of if Donald Trump and Warren Buffett got in a fist fight down Wall St.


By RufusM on 8/29/2012 10:27:31 AM , Rating: 3
Yes, this is a landmark case for software patents and will define the software development and patent landscape in the wake of the final outcome of this case. Many believe it has a high probability of reaching the Supreme Court.

A final outcome for Apple means that very broad software patents are verified as enforceable in the US and large companies can effectively extort, under threat of law, anyone they think infringes on their software patents that refuses to bow down to their licensing terms.


By TakinYourPoints on 8/29/2012 3:11:08 PM , Rating: 2
Editorial tone is the big thing. Execution, not the subject is your problem. Lots of websites cover the same material, almost none do it in the National Enquirer style that is over here.


By senecarr on 9/13/2012 11:13:19 AM , Rating: 2
quote:
Apple v. Samsung is the corporate equivalent of if Donald Trump and Warren Buffett got in a fist fight down Wall St.

Now I kind of want to see that. Given his age and prostate cancer (which probably doesn't affect him TOO much) I'd give the fight to Trump. I'd call it a victory for Buffet if he got that stupid thing on Trumps head off in the first couple minutes though.


RE: Come on Jason, let it go man ....
By JasonMick (blog) on 8/28/2012 5:19:05 PM , Rating: 4
quote:
Your editorial is a sad attempt to justify your position on Apple.
Oh really?
quote:
None of us about Patent Lawyers
Translation? Who is this "Patent" fellow? Or did you mean "patent lawyers"?
quote:
so who are you to be the judge and executioner?
An exactly who am I "executing" again??
quote:
If you know so much about patents, why don't you become a patent lawyer. I heard they paid pretty well you know ...
I prefer enlightening the masses with my witty blogs.
quote:
Apple is suing Samsung, but Samsung can defend themselves. That's why we have DUE PROCESS.
Okay.
quote:
I agree wholeheartedly that Patent litigation is probably not the best way to move the industry forward, but it's not the corporation's fault. It's the system in which we have built that is flawed. Don't blame the player, blame the game.
Okay, still with you... I've said as much before.
quote:
Samsung is more than happy to countersue. Once both sides realize that it gets no where, it'll stop. But how can you blame Apple when they just got $1,000,000,000 dollars from the latest dispute? IF you were in Tim Cook's position, would you do the same? Remember, SHAREHOLDER value. Not egos and righteousness. That's how corporations work. Don't take it personally.
Who says I'm taking it personally? I don't own a Samsung phone. I find the decision disappointing and troubling on a professional level, but in terms of my own personal life it has no real effect on me.

You, however, seem to be very invested in this... not sure quite what your points is, yet, though.
quote:
Stick to your day job with less editorial and more on facts.
Please point me to anything in this report that is unsupported by facts, m'kay thanks.
quote:
Anti-Apple people are already on your side. You don't need to spew your hate in attempt to convince more people.
Wow who knew chronicling UI development was "spewing hate".
quote:
They are already convinced. It's like trying to convince Republicans to shrink the gov't and lowering taxes for the rich is good. They already agree with you.
Um wait... I thought we were talking about Apple. Now we're talking politics?
quote:
If you actually have any journalistic sense, and want to actually convince your readers to swing to your perspective, be objective. You might actually sway a small percentage of folks. But right now, you have ZERO chance of doing any of that. Which makes you posts meaningless and counterproductive. It doesn't achieve any of your goals.
Yea, let me explain something to you. I'm a believer in free thought. If you don't agree with me good, great! I have no problem with that. I am trying to present facts and a certain perspective. What you do with it is up to you.
quote:
Have a nice day!

After reading this, I'm honestly at a loss as to exactly what point you were trying to take, but you were quite polite in closing, so I'll just focus on this wee sentence.


By Belard on 8/28/2012 8:46:08 PM , Rating: 2
Hey Jason... I think most of your articles are fair... I may not agree with you, but you seem to be objective.

Tell it how it is, now what we or anyone else want to hear.


RE: Come on Jason, let it go man ....
By xti on 8/28/12, Rating: -1
RE: Come on Jason, let it go man ....
By Camikazi on 8/28/2012 6:33:45 PM , Rating: 2
100s of sites that love Apple and seem to think they can do no wrong so there has to be at least one that shows the other side, cause Apple is not a saint and has done wrong and someone must point it out.


RE: Come on Jason, let it go man ....
By xti on 8/28/12, Rating: -1
RE: Come on Jason, let it go man ....
By Camikazi on 8/28/2012 10:32:48 PM , Rating: 2
Oh I can't stand all the Apple articles either but most of them are about Apple being magical and great and can never do wrong so I don't mind seeing some that show that Apple is full of BS and just like every other company in the world and not special.


By web2dot0 on 8/29/2012 1:26:08 AM , Rating: 2
Apple is not special. They are just good at what they do.

It's kinda like Tiger Woods. If you focus just on his golf, he's a pretty damn good. But you start poking holes at his life, then suddenly he looks human. Sure feels good to make fun and all, but you are still making chump change. Tiger Woods is still raking in millions.

Get it?

You can continue to find all these -'ve aspects about any company/person. But that just means you haven't learned anything from what made Apple great. You want to beat the competition, you have to learn and improve, not just complain.

At the end,

Apple have a $100B war chest that no other company out there can attain. They have created a standard so high, that they have become the gold standard for which any products are being compared against. Those are just simple facts. Every product launch, the first thing people do is compare the announcements with Apple products lineups. Doesn't that tell you something?!? If Apple have such terrible products, how come people who hate Apple and thinks they are inferior in every aspect continue bring them up?


By petrosy on 8/28/2012 7:21:29 PM , Rating: 2
Don't let the door hit you on the way out!


"I modded down, down, down, and the flames went higher." -- Sven Olsen














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki