Apple and Microsoft's Licensing Pact Spells Out Cloning Taboo
August 14, 2012 1:24 PM
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Thou shalt not clone, says the legalese
It's common knowledge that when Microsoft Corp. (
) briefly stepped in to save the
train wreck that was Apple
, Inc. (
) 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. (
) 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
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.
[PDF] of that 1997 arrangement it then highlighted the passage that Mr. Teksler was talking about:
In other words, Apple and Microsoft won't sue each other for individual features (e.g.
swipe to unlock
, 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 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.
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RE: Where's the Samsung shaped dent in the universe?
8/14/2012 3:31:56 PM
iDontCare if the shit Tony posts here comes from another Apple zealot or not, 'cause I noticed it myself a long time ago that Samesung makes Apple knockoffs, BUT this still didn't stop me from buying a Samesung clone, why? Because dog eaters don't JUST clone, they improve some parts too, like in my Galaxy Note they put a very nice very large and very convenient screen instead of a tiny joke of a screen that Tony and his fellow zealots "enjoy".
So it's not like Samesung's cloning is THAT bad, I think in the end they'll pay a billion or two in fines to Apple as a price for a really blatant copying of Apple in the early Galaxy S days, but they WILL stop cloning after all, they already clone less now and they try to distance themselves from Apple design as much as they deem reasonable. Healthy competition is coming people, with Google making decent OS from a crap it used to be and the same happening with WP and BB. In a year or two Samesung distances themselves from Apple far enough, and after paying some $$$ to Apple everybody will eventually forget about this brief period in smartphone history.
"Well, there may be a reason why they call them 'Mac' trucks! Windows machines will not be trucks." -- Microsoft CEO Steve Ballmer
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