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.
This article is over a month old, voting and posting comments is disabled
8/16/2012 7:39:25 AM
Am I the only one who finds it rather humorous that Apple and a few various overzealous people that comment here make the claim that Samsung made their products to look like Apple's, and that people bought them thinking they were Apple products?
I mean, seriously, if that was the case, wouldn't there be a huge uprising by the people because everyone was buying 'fake' Apple products? There would be riots in the streets. People would be killing sales associates for selling them a Samsung product instead of an Apple product.
The truth is, that isn't the case. That really defeats much of the problem with this court case in my humble opinion.
The simple fact is that maybe they made it that color because it was aesthetically appealing? Even if they copied the color of the earbuds, icons, etc....who cares? That would be like Aquafina trademarking a clear container for holding water making it impossible for Fiji and other various vendors to sell water in a clear container. It's downright stupid.
The real problem here is that Apple enjoyed some huge success for a few years. Now they're playing second fiddle (again) and attempting the same crap they did in the 1990's, just with a different target. It's a sign that a company can't innovate their way out of a paper bag against competition. There is no imagination there anymore.
Just like everything else, history has a coy way of repeating itself over and over....
“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads
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