// Stealing ideas
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Cinders
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« on: Apr 19, 2011 03:24 PM »


Hmmm. What do you reckon? Is there such a thing as a completely new idea? Or ideas have to be borrowed?

SAN FRANCISCO/SEOUL (Reuters)- Apple Inc sued Samsung Electronics claiming the South Korean firm's Galaxy line of mobile phones and tablets "slavishly" copies the iPhone and iPad, according to court papers, a move analysts say is aimed at keeping its close rivals at bay. Skip related content
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Apple is one participant in a web of litigation among phone makers and software firms over who owns the patents used in smartphones, as rivals aggressively rush into the smartphone and tablet market which the U.S. firm jumpstarted with iPhone and iPad.
Nokia has also sued Apple, which in turn has sued Taiwanese handset maker HTC Corp.
Samsung is one of the fastest growing smartphone makers and has emerged as Apple's strongest competitor in the booming tablet market with models in three sizes but it remains a distant second in the space.
Its Galaxy products use Google Inc's Android operating system, which directly competes with Apple's mobile software. However, Apple's claims against Samsung focus on Galaxy's design features, such as the look of its screen icons, the lawsuit said.
John Jackson, an analyst with CCS Insight, said Samsung is essentially Apple's only real tablet competitor at this stage. "It's clear that they do not intend to let Apple run away with the category," Jackson said.
Samsung faces the challenge of moving beyond being a hardware company, clever at copying ideas, to becoming more creative, better adept at software, at a time when consumer gadgets are getting smarter all the time.
It has yet to come up with the kind of original, iconic, market-leading products that powered brands such as Apple's i-series or Sony Corp's Walkman. Nor has it taken the kind of initiatives in software that Google and Apple did to thwart Microsoft.
The lawsuit, filed on Friday, alleges Samsung violated Apple's patents and trademarks.
"This kind of blatant copying is wrong," Apple spokeswoman Kristin Huguet said in a statement.
Samsung said it would respond to the legal action "through appropriate legal measures to protect our intellectual property."
"Samsung's development of core technologies and strengthening our intellectual property portfolio are keys to our continued success," it said in a statement.
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Apple CEO Steve Jobs has criticised Samsung and other rivals in presentations of new products or technology debates. Analysts say Samsung's response to this has been muted, partly because Apple was Samsung's second-biggest customer last year after Sony.
Apple brought in around 6.2 trillion won (3.5 billion pounds) of sales to Samsung in 2010 mainly by purchasing semiconductors, according to Samsung's annual report.
"This is more like a symbolic move by Apple that it is quite serious about rivals advancing and it is trying to hold back its close competitors," said John Park, an analyst at Daishin Securities in Seoul.
"Samsung is unlikely to respond aggressively given that Apple is its core client in the component business," Park said.
To better compete with Apple, Samsung redesigned within weeks its new 10.1-inch tablet, first introduced in February, to make it the thinnest in the category after Apple set the trend with its iPad 2.
The global smartphone market is expected to grow 58 percent this year and Android is set account for 39 percent of the market, while the tablet market is likely to quadruple to 70 million units, according to research firm Gartner.
Apple's iPad will still dominate, controlling more than half of the tablet market for the next three years, but its share is seen gradually declining to 47 percent in 2015 from 69 percent this year, giving way to Android devices.
Samsung's shares slipped about 0.7 percent by 3:40 a.m. British time to their lowest level in one month in a broader market down 1 percent.
U.S. International Trade Commission staff, at a hearing on Monday, recommended that HTC and Nokia shouldn't be found liable for infringing Apple's patents relating to smartphones, Bloomberg reported.
ITC staff act on behalf of the public and its recommendations are not binding.
In its lawsuit against Samsung, Apple said earlier versions of Samsung's smartphones did not embody the same combination of Apple's designs.
"Even the icons in earlier versions of the Samsung smart phones looked different because they had a variety of shapes -- and did not appear as a field of square icons with rounded corners," the lawsuit said.
Apple is bringing 16 claims against Samsung, including unjust enrichment, trademark infringement and 10 patent claims.
The case in U.S. District Court, Northern District of California is Apple Inc. v. Samsung Electronics Co. Ltd. et al, 11-1846.
(Additional reporting by Tarmo Virki in Helsinki and Miyoung Kim in Seoul; Editing by Dhara Ranasinghe and Anshuman DAga)

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Habibi Matrimonials
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« Reply #1 on: Apr 23, 2011 04:26 AM »

Yes, I saw this. They are now both suing one another. It will help the poor lawyers get jobs. Lips Sealed
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« Reply #2 on: May 16, 2011 10:10 PM »

Yes, I saw this. They are now both suing one another. It will help the poor lawyers get jobs. Lips Sealed

Amazing that this was written by "Habibi Matrimonials" as they threatened to sue this website as well unless we deleted their profile and removed his/her posts. Which believe me we are in the process of doing  Roll Eyes
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« Reply #3 on: May 16, 2011 10:16 PM »

salam


Really can she threaten to do that?

Don't you own the copyright to whatever we end up posting on your forum?Huh??



Wassalaam

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« Reply #4 on: May 16, 2011 10:21 PM »

wsalam,

It's no great loss!! And honestly having experience with this, it's better they're off the forum.

In answer to the question to who owns what, according to lawyers it's never been tested in court so is very vague and ambiguous. However if you have something in the Terms & Conditions (which we do) then the user agrees to this then they do not own their own content.

It's a touchy subject. I'd like ppl to own their own comments in theory because media have been known to come here and use posts for articles which I don't like, but I think they can do that to every public forum, regardless of who owns what. It does get annoying when someone doesn't like when others criticize their posts then want to go and delete everything they ever posted. It messes up all the threads and archives.

More info:

Quote
Who owns the content of a post posted on your forum? How do you respond if someone demands “their” posts be deleted and they threaten legal action if you don’t, but removal of the posts ruins a valuable thread? Where do you as the forum Admin or owner stand?

By default in the non-forum world, authors own the copyright on their own creations. This is an automatic right of the creator of the work, so technically the creator of the post is the copyright owner.  However, by posting on a forum, you would have accepted the terms and conditions when you join a forum that covers this type of publication and what it implies. In posting you are accepting that your creative content (ie your post) will be published by the forum administrator and owner, and also that they have the right to edit or do what ever they like with your post as they see fit.

But does that mean that when material is publicly posted in a forum that this implies transfer of copyright ownership?  The copyright lawyers can not even agree on this. The reality of the matter seems to be that there is no clear legal precedent yet made on this matter, and therefore until there is, then the issue will remain vague and uncertain. It has never been tested in court, let alone the issue of legal jurisdiction as to country of the Administrator, the country of the servers the forum is hosted in, etc.

What appears to be important is the terms that members agree to when they joined and whether they can withdraw the material they posted if they want to (eg when they leave a forum).  To cover yourself, add into the forum rules something to the effect that ‘copyright to forum posts and other information become the property of the forum‘. In my forum rules I have strictly pointed out that all posts become owned by the forum. This gets politely pointed out to those making threats. I never hear from them again.
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