Print 53 comment(s) - last by darkhawk1980.. on Aug 16 at 7:39 AM

Thou shalt not clone, says the legalese

It's common knowledge that when Microsoft Corp. (MSFT) briefly stepped in to save the train wreck that was Apple, Inc. (AAPL) in the mid-nineties, the pair cemented their bond with a deep cross-licensing pact which has been responsible for the relative peace between the pair in these hyper-litigious times.  During the copyright infringement trial being held at the U.S. District Court for the Northern District of California between Samsung Electronics Comp., Ltd. (KSC:005930) and Apple, that licensing relationship was the topic of some questions, questions that raised interesting details.

Apple patent licensing/strategy director Boris Teksler is quoted by The Verge as testifying, "The Apple and Microsoft cross-license does cover the design patents. However, we took special prohibitions from both parties so there is what I term an 'anti-cloning' provision... so we couldn't copy each other's products. There's a clear acknowledgement that there's no copying."

The cross-licensing agreement covered both design (aesthetics) and utility (technology) patents worldwide.

As The Verge has a copy [PDF] of that 1997 arrangement it then highlighted the passage that Mr. Teksler was talking about:

clone product

In other words, Apple and Microsoft won't sue each other for individual features (e.g. swipe to unlockdisappearing scrollers, or bounce animations) or minor design details (e.g. a rectangular smartphone), but if either company feels the other is "slavishly copying" the entire comprehensive product, they could -- in theory, at least -- sue the other.

Is this interesting?  Certainly.

How does it affect the Samsung v. Apple case?  That is unclear.  Apple clearly claims that Samsung "cloned" its products.  
Apple iPhone
Apple claims Samsung "slavishly copied" its products. [Source: David Paul Morris/Getty Images]
But ultimately this testimony could be used against Apple if Samsung can establish that its smartphones/tablets are as different from the iPhone/iPad in design and user interface as Windows Phone 7 handsets and Windows tablets are from the iPhone/iPad.  Because if the level of differences is similar, and it was enough to constitute "slavishly copying"/cloning, the question would be why Apple isn't suing Microsoft as well.

Source: The Verge

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RE: cut from the same cloth
By amanojaku on 8/14/2012 2:34:11 PM , Rating: 5
The HTC Titan, Samsung Focus and ZTE Tania look like iPhones. Actually, they look more like Samsung Galaxies, but Samsung isn't suing the other two.

As to the OS, you just can't get any more basic than an icon display. If Samsung should be sued, it's for being lazy (sarcasm). And there are clear differences in the icons:

App Store
iPhone - a stylized "A"
Galaxy - a briefcase with a robot

iPhone - a closeup of buttons
Galaxy - a whole calculator

iPhone - a closeup of the numeric day
Galaxy - a whole calendar showing the numeric day

iPhone - a closeup of the lens
Galaxy - a whole camera

iPhone - a whole analogue clock with 12 hours
Galaxy - a whole analogue clock with 4 hours (NESW)

iPhone - an envelope
Galaxy - an envelope covered by a giant "@" symbol

iPhone - Safari's compass logo
Galaxy - a globe or something

iPhone - the iTunes logo
Galaxy - a CD with a musical note ("stolen" from Windows!)

iPhone - a closeup of a sheet of paper or ledger
Galaxy - a whole memo pad, with a curled page

iPhone - a big, green button with a white phone logo
Galaxy - a big, green button with a white phone logo

iPhone - a big, green button with "SMS" in a talk balloon
Galaxy - an open envelope with a paper message half-way out

So, Samsung "stole" the standard clock and phone icons. The rest are clearly different, and rendered differently. The iOS buttons look like 2D images painted onto a flat surface. The Samsung buttons look more 3-dimensional.

RE: cut from the same cloth
By macdevdude on 8/14/12, Rating: -1
RE: cut from the same cloth
By Reclaimer77 on 8/14/2012 4:45:58 PM , Rating: 4
LMAO Apple didn't "develop" ANY technology for the iPhone. And coding iOS sure as shit didn't cost "billions".

It's Samsung's technology that represents billions in R&D, without which the iPhone could not exist.

C'mon Droidtards, tell me this pictures don't look alike:

Sure they look alike, because it's Photoshopped you idiot!

RE: cut from the same cloth
By macdevdude on 8/14/12, Rating: -1
RE: cut from the same cloth
By Pirks on 8/14/2012 6:14:05 PM , Rating: 2
Well, my Galaxy Note is way more expensive than a lot of your cheapo iJunk you worship, Apple zealot :P

RE: cut from the same cloth
By momorere on 8/14/2012 6:40:24 PM , Rating: 2
Tony, Tony, Tony. Just when I thought you had forgotten your login credentials for MacDevDude, you surprise me and login as this personae after so many failed posts. It's just more -1s that you are bound to receive but I'm sure you are totally aware of that.

Just incase you missed the link that someone posted on another thread,
Perhaps you should take a quick look and try and learn a little something along the way.

RE: cut from the same cloth
By elleehswon on 8/14/2012 7:28:08 PM , Rating: 2
billions on ios development, but, apparently no development to mac os, apple tvm icloud, or any other technology.. nope, it's all iphone. lololol. keep eating paint chips, kid. Grownups' a talkin`.

RE: cut from the same cloth
By sigmatau on 8/14/2012 7:50:44 PM , Rating: 2
Wait... what? Did you really just post that link? With the article that is titled "Microsoft, Intel, Google outspend Apple on R&D" and with this in it:

"Apple is 18th on the list, spending $2.6 billion, behind other technology giants such as Microsoft, Intel, IBM, Cisco, Oracle, Qualcomm, Hewlett-Packard and Apple's R&D spending as a percentage of its revenue of $127.8 billion was 2%."

Why do you make it so easy to be a fool?

RE: cut from the same cloth
By Cheesew1z69 on 8/14/2012 7:51:45 PM , Rating: 2
The iPhone innovated, Google and Samsung just copied, with their half-@ssed crapdroids that are always crashing and dying and can't go four hours practically without running out of battery.
Yep, that's my my S3 never crashes, and battery lasts all day. LOLOLOLOL

RE: cut from the same cloth
By Cheesew1z69 on 8/14/2012 7:53:44 PM , Rating: 2

RE: cut from the same cloth
By ihateu3 on 8/15/2012 9:47:41 AM , Rating: 1
Apple was a Chinese knock off of PC's forever!!! If you want to talk shapes, lets talk the "PC" tower!

Going on your philosophy, this seems fitting...

RE: cut from the same cloth
By TakinYourPoints on 8/14/12, Rating: 0
RE: cut from the same cloth
By amanojaku on 8/14/2012 5:54:16 PM , Rating: 1
Yea for being lazy and ripping off the iPhone and its technology that took billions to develop.
Billions? More like kajillions! I can make up facts, too.
C'mon Droidtards, tell me this pictures don't look alike:
They do. Most phones have a keypad that's three buttons wide, and four tall, in the following order: 1-3, 4-6, 7-9, *,0,#. For smartphones it's a rectangular screen (4:3 or 16:9) with an icon display. It's called basic functionality.
I haven't seen an Android that wasn't a wannabe iPhone. Google and co. wouldn't no innovation if it smacked them in the faces.
The iPhone's most distinguishing feature is its touchscreen display. Any smartphone without one is DOA, so, yeah, all smartphones will share this feature. However, many Android phones sport unique, if subjective, designs. Look at the Droid Razr, most of Acer's line, Sony's Experia, or Samsung's Intercept.

FYI, it's "know", not "no", you you GNU that, didn't yew?
I don't get it. if you all want an iPhone so badly, why don't you just buy one?

Hopefully all the crapdroids get sued off the market and that solves that problem for you. Then you can finally get that iPhone you've been secretly wanting all along.
I have a Motorola Razr. The V3 flip feature phone, not a smartphone. Data plans can kiss my battery cover. I'm an impartial commentator when it comes to smartphones, since I don't want any.

RE: cut from the same cloth
By Scootie on 8/15/2012 3:07:59 AM , Rating: 2
Why is every sheep fan forgeting that LG Prada was the real first smartphone with a full touchscreen?

RE: cut from the same cloth
By ihateu3 on 8/16/2012 12:47:47 AM , Rating: 2
And after that was also the HTC Touch still beating the iPhone to the market.

RE: cut from the same cloth
By Fritzr on 8/14/2012 7:26:30 PM , Rating: 3
Actually Apple & Galaxy "stole" the phone icon from the International Standard Signage set where it has been placed in the Public Domain.

If anyone other than the developers of these international standards is claiming that a Bell style telephone handset with or without a background, is their original, exclusive design then they are lying.

The authentic International Standard icons are available free for use by all icon designers. Expect some overlap when use is made of these designs or slight variations of the standard.
There is a .zip download of additional symbols

The Noun Project has an additional set of free-to-use icons including the postal envelope. Though if you want to avoid being sued by Apple you might use the Rural Mail Box icon to represent mail instead.

It is amazing how many of these "unique and original" icons are actually available in (some very old) public collections.

"There is a single light of science, and to brighten it anywhere is to brighten it everywhere." -- Isaac Asimov

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