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

Comments     Threshold

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

RE: cut from the same cloth
By macdevdude on 8/14/2012 5:57:34 PM , Rating: -1
And coding iOS sure as shit didn't cost "billions".
Try again troll...

Apple spent $2.6B on R&D. So yes, billions, tool.
It's Samsung's technology that represents billions in R&D, without which the iPhone could not exist.
Try again kiddo.

Apple doesn't need Samsung. In fact it is planning to ditch its sh!tty CPUs the second this trial is over.
Sure they look alike, because it's Photoshopped you idiot!
Just changing the scale of the product doesn't justify making a clone. If I took an Louis V. purse and made a 1.2x scale knockoff, I would get sued out of house and home.

That's what Samsung did, and now it's going to pay up in court, just like the rest of the Crapdroids.

Doesn't matter what the size is, the point is that picture shows Samsung ripped off apple period. You're too delusional to see it. But its obvious.

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.

You get what you pay for -- if you buy a crapdroid you get the Chinese knockoff that dies. if you buy the iPhone you get the Louie V. of the phone world. Even ask Anand -- he's a proud iPhone owner and continues to say in his reviews that it's the best phone on the market today.

Of course an unemployed bum like yourself probably can't afford one, unlike a successful businessman like Anand -- no wonder you're all mad. Too bad, get a job and stop living off welfare, then you can afford to upgrade to the iPhone.

When a clone dies, no one cries. The END.

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...

“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs

Latest Headlines
Inspiron Laptops & 2-in-1 PCs
September 25, 2016, 9:00 AM
The Samsung Galaxy S7
September 14, 2016, 6:00 AM
Apple Watch 2 – Coming September 7th
September 3, 2016, 6:30 AM
Apple says “See you on the 7th.”
September 1, 2016, 6:30 AM

Most Popular ArticlesSmartphone Screen Protectors – What To Look For
September 21, 2016, 9:33 AM
UN Meeting to Tackle Antimicrobial Resistance
September 21, 2016, 9:52 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Update: Problem-Free Galaxy Note7s CPSC Approved
September 22, 2016, 5:30 AM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki