UK Judge: Galaxy Tab "Not Cool" Enough To Infringe iPad 325
zacharye writes "U.K. Judge Colin Birss has ruled that Samsung can continue selling its Galaxy Tab 10.1 in the region because the Android tablet is 'not as cool' as the iPad and therefore is unlikely to be confused with Apple's slate. Samsung's Galaxy line of tablets 'do not have the same understated and extreme simplicity which is possessed by the Apple design,' Judge Birss said. 'They are not as cool.'"
Horrible Logic (Score:5, Insightful)
The rule is fine, but the logic used is horrible. Instead of pointing out how obviously screwed up the patent system is, we see this: A special case exception based on an opinion, which is most obviously not law and can not be translated in to law!
Re:Horrible Logic (Score:5, Insightful)
It's a perfectly valid ruling in light of the ridiculous design patent. OMG we invented rounded corners!!!
That's almost worth losing the judgement (Score:5, Insightful)
Come'on when was the last time you've ever heard the words "not as cool" coming from a bunch of silly looking serious magistrates (with those funky white hairpieces).
It's a funny image.
The usual question: (Score:5, Insightful)
If you want a device that has no controls except the touch screen itself, you are going to wind up with a screen surrounded by a narrow frame. The only choice is color, and black has been a safe bet as a trendy color for decades.
So the usual question: what else should a tablet look like?
Design patents aren't.
Re:Horrible Logic (Score:5, Insightful)
Re:Is the judge a member of Anon? (Score:5, Insightful)
Re:Horrible Logic (Score:4, Insightful)
A judge's decision is not "law". It may serve as precedent, depending, but it is not law. Rather, it is an interpretation (a judgment, hence the term, "judge") of how the law applies or does not apply in this specific case. Since Apple was suing over a design similarity, it is perfectly logical to say the design isn't similar because it isn't as "cool." The judge can't really say "the patent system, which was enacted by the legislature and over which I have no power, is stupid, so I'm going to ignore the law and make up my own!" A judge's job is not to make law, it is to interpret it. They can comment on how stupid they think the law is, directly or indirectly (and in fact this judge may have been doing that subtly), and they can decide if a law breaks other, higher laws, but they cannot make law directly.
FROM 10 FEET AWAY! (Score:4, Insightful)
Who uses a tablet from ten feet away?
Design right? (Score:5, Insightful)
Re:Is the judge a member of Anon? (Score:5, Insightful)
I think it's a ruling that lots of people should be happy with... theoretically. It certainly does call Apple on its case that "it might be mistaken for..." Clearly, the judge sees the two devices as different enough not to be mistaken for the other and that's at the core of what their [current] suit is about.
Now, that's not to say they won't turn around and sue for some other idiotic thing, but at least that's one less thing they can sue about... in the UK. Good thing the judges tend to pay attention to what the others rule and take those ruling into consideration.
Re:The usual question: (Score:5, Insightful)
Samsung's own lawyers were idiots. From a distance, the only distinguishing feature of the face of a tablet when it is off is the aspect ratio or gross size, and the lawyers clearly didn't realize that the Samsung has a longer aspect ratio.
Here's a question: if rounded corners is a unique design feature, is the radius defined as an absolute number or a ratio of one of the sides? Wo what accuracy is the radius "within the patent?" If a sharp cornered tablet were given a patent for design, would then there only be two licence holders for all tablets in the world - round (Apple) and angular (say, Motorola) - for the next 20+ years?
To compare, it is nearly impossible to distinguish smart phones of similar size and color from a distance. Apple's signature "band" of metal is one of the few things that stands out on all-screen phones. Sure, they all have their small differences, but they are - like tablets - rectangles with eased corners. A good lawyer would have pointed out that fact, not fallen for the trap.
Re:Is the judge a member of Anon? (Score:5, Insightful)
Honestly, I went the other way on this one.
Samsung has just had their product ruled demonstrably inferior by a court of law. Not exactly a marketing message they want celebrate.
Re:Is the judge a member of Anon? (Score:4, Insightful)
That just might be one shrewd Judge!
That is apparent, and with a dry sense of humour.
Re:Is the judge a member of Anon? (Score:5, Insightful)
Or they can proudly declare that their product is for people who care about functionality and features rather than 'cool'.
Re:Is the judge a member of Anon? (Score:5, Insightful)
An old judge is his chambers using some sort of app designed for the buggy whip enthusiast on his iPad. He exclaims how "cool" this is.
Now we cut to a hot young chick snow-sking down a mountain in a bikini and using her Galaxy to find the nearest nightclub with Google Maps and posting pictures to Facebook to arrange a "gathering" that evening. She exclaims how "hot" that is.
Re:Is the judge a member of Anon? (Score:5, Insightful)
If you think not being cool makes you inferior, you were either a bullied or the bullied in school. Each tablet has its merits, the judge simply dealt with it in a hilarious reverse peer pressure sort of way.
Apple: The Galaxy Tab is totally trying to copy our style. Make them stop! ...Are they gone? ...Why's that?
Judge: Nah, it's not as cool as you guys by far. I mean, you guys are cool right? Cause if you weren't, I could totally see Galaxy Tabs as being the cool guys.
Apple: Um, naw bro, we're cool... But they suck, so we didn't want them tainting our style is all...
Judge: That's what I thought. Stay cool, dudes.
Apple: Aiight, peace J-dawg.
[beat]
Samsung:
Judge: Yeah. I don't think they know what just happened.
Samsung: I mean, I guess. You didn't have to rule us uncool though.
Judge:
Samsung: Part of who we are is that our customers like to make up their own minds about our products, not just be told what their opinio....
Judge: Exactly.
Samsung: Judge, you're the best.
This is a judge (Score:5, Insightful)
So you're telling me that you're going to accept a judges opinion on what's cool?
I'm friends with a few judges and retired judges, nice guys, but I'm not taking advice on what's cool from them.
Apple's not cool anymore (Score:4, Insightful)
Apple's not cool anymore.
With their domination of the tablet market, the fanatical following of their phones, and the dominance of the portable music devices, not to mention their obsession with being cool; these factors can only lead me to one conclusion: Apple is not cool anymore.
Simply because its not cool to be part of the herd. And The Cult of the Fruit is one big herd.
Re:Is the judge a member of Anon? (Score:5, Insightful)
The thing is, there's no argument that Apple products are inherently stylish. Anyone who thinks "cool" matters will go for the iPad.
Nobody chooses Android over Apple because it's cooler. They do so because they like the apps, or because they believe in slightly less closed platforms, or because they prefer the way it works, or because they see the iPad as hipsterish (where being "cool" is actually harmful).
Re:Is the judge a member of Anon? (Score:2, Insightful)
I dunno, things like aspect ratio (4:3 vs 16:9 or 10, can't be buggered to check) and orientation, number of buttons on the front panel (1 for iPad, 0 for gTab), position of connectors and stuff like that.
If you'd put iPad and gTab side by side as GP proposed, you'd see that it's like Samsung's engineers carefully took all the measurements from iPad to make an exact copy, and then threw 'em away and designed a tablet that only has "rectangular, rounded, black, flat front" in common. Of course, GP did no such thing and only knows what approved sources tell him.
Re:Horrible Logic (Score:5, Insightful)
You're trying to find logical consistency where there is none. The resolution/dpi on the first and second gen iPad was the worst of any tablet (aside from $99 Chinese knockoffs) but it was the thinnest tablet. Hence Apple fans insisted the thinness was cool and the resolution was "good enough". By the time the third gen iPad rolled out, it was no longer the thinnest tablet, but had the highest resolution/dpi. And Apple fans felt the high resolution was cool and the thinness was "good enough".
It's a classic case of starting with a predetermined conclusion ("Apple products are cooler than the rest"), and cherry picking the features which support that conclusion. You'll find no logical consistency in it. It's the same misguided reasoning which comes up with "show me a competing product with the same or better features" as an argument of superiority. That argument works for nearly any product because most products have at least one feature at which they're best in class. The Samsung tablet is the thinnest so there is no competing product with "the same or better features". The cheap $99 tablet is the cheapest, so there is no competing product with "the same or better features". Rather than truly ask themselves which product has the best feature set, they subconsciously rephrase the question so that the only answer is the one they want - an Apple product. Completely oblivious to the fact that they've reworded the question to the point where it's meaningless.
Re:Is the judge a member of Anon? (Score:5, Insightful)
Meanwhile, Samsung (and other Android devices) continues to grow their user base creating several different devices that just work. Between the wife and I we have Samsung SII, a Samsung Note, and a Samsung tablet. All have worked great and provided us more choices than 'black or white' or 'how much non-upgradable memory do you want with that'.
In fact, my daughter just switched to an HTC android phone after having an Apple phone for years, and likes it better.
Keep your 'cool', it might attract a few customers that can afford it. I'll take basic usability for a lower overall cost.
Re:Is the judge a member of Anon? (Score:5, Insightful)
while managing not to commit any of the classical faux pas which are typical of most other engineers (such as calling the customer an idiot when they are bein an idiot).
Or more likely, telling the customer the unadulterated truth about the product.
Re:Is the judge a member of Anon? (Score:5, Insightful)