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Apple is right to protect its iPad design patent
Two of my fellow ZDNet colleagues (Rachel King and Steven J. Vaughan-Nichols) have given their respective opinions about Apple’s European Union injunction against Samsung’s Galaxy tablet computer. In summary, they are not amused. I, however, am taking Apple’s side in this battle. And, I might have to remind you that I’m an open source, Linux and anti-patent advocate. That said, I find Apple’s actions in this matter to be justifiable and reasonable. |
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Comments (10)
@skellband, may I introduce you to Ken Hess.
There are so many flaws in Hess's arguments. Yes, I actually read it. Worse yet, I'm commenting on it.
Right off the bat, he makes the mistake of saying Apple is protecting patents, when the argument is over something unique to the EU, called Community Design. Community Designs have both registered and unregistered forms. Second, a German judge for the district of Düsseldorf is not the ruling of the EU. Next, the "cool or revolutionary" design Mr. Hess refers to are a few drawings of a generic looking device. http://www.scribd.com/doc/61944044/Community-Design-000181607-0001
I'll stop there, except to say that Ken has hit new lows with this article. I don't know what's more unfortunate. The fact that he gets paid to write materials with such shallow substance, that someone may actually believe what he writes or that I spent ten minutes of my time reading his fluff piece and commenting on it here.
Right off the bat, he makes the mistake of saying Apple is protecting patents, when the argument is over something unique to the EU, called Community Design. Community Designs have both registered and unregistered forms. Second, a German judge for the district of Düsseldorf is not the ruling of the EU. Next, the "cool or revolutionary" design Mr. Hess refers to are a few drawings of a generic looking device. http://www.scribd.com/doc/61944044/Community-Design-000181607-0001
I'll stop there, except to say that Ken has hit new lows with this article. I don't know what's more unfortunate. The fact that he gets paid to write materials with such shallow substance, that someone may actually believe what he writes or that I spent ten minutes of my time reading his fluff piece and commenting on it here.
Quoting:ten minutes of my time reading his fluff piece and commenting on it here.
At least you didn't contribute to increasing his popularity by arguing with him on zdnet
@djohnston.
I'm thankful you went in and brought us valuable recon. It saves us all the agony of not knowing if Hess did or didn't write anything useful. Alas it is again something of low quality, but we wouldn't have known if it wasn't for your summary.
Those "design" drawings are hilarous though. Maybe apart from the aspect ratio, these are as generic as you could possibly draw a tablet. Since the drawings don't mention the dimensions, it could even be a generic desription of a device with a screen of any size, like a monitor/tv or even a remote control.
It stings a little to see that the Old EU can be just as dense as the USA when it comes to protection for intellectual works. Even worse, I didn't even know we had something called Community Designs before Apple used this piece of manure to commit a tort against Samsung.
I'm thankful you went in and brought us valuable recon. It saves us all the agony of not knowing if Hess did or didn't write anything useful. Alas it is again something of low quality, but we wouldn't have known if it wasn't for your summary.
Those "design" drawings are hilarous though. Maybe apart from the aspect ratio, these are as generic as you could possibly draw a tablet. Since the drawings don't mention the dimensions, it could even be a generic desription of a device with a screen of any size, like a monitor/tv or even a remote control.
It stings a little to see that the Old EU can be just as dense as the USA when it comes to protection for intellectual works. Even worse, I didn't even know we had something called Community Designs before Apple used this piece of manure to commit a tort against Samsung.
Yeah, the article really sucks.
Mr Hess is a proponent of patents and opponent of "software patent polution", though he calls himself "anti patent guy"? What a joke!
And secondly, he says the "EU decided something". Like mentioned by DJohnston, it's only a lower German court which decided Samsung _MAY_ infringe patents (so nobody agreed on anything!), and while the court has not investigated it, it temporarily blocked Samsung devices from Germany. Without hearing Samsung or giving Samsung a chance to defend themselves. If Apple is found wrong, they will have to pay damages to Samsung.
Seems SJVN royally screwed up and KHess is 'reusing' the drivel SJVN wrote.
Mr. Hess: Please don't believe everything your colleague SJVN writes. From time to time he writes good articles, but his last one is really, really lame as in contrary to what SJVN claims, there's NO DECISION made at all, and the EU is NO INVOLVED in ANY way. Do your own research! And write an article about how lame the article of SJVN is.
Mr Hess is a proponent of patents and opponent of "software patent polution", though he calls himself "anti patent guy"? What a joke!
And secondly, he says the "EU decided something". Like mentioned by DJohnston, it's only a lower German court which decided Samsung _MAY_ infringe patents (so nobody agreed on anything!), and while the court has not investigated it, it temporarily blocked Samsung devices from Germany. Without hearing Samsung or giving Samsung a chance to defend themselves. If Apple is found wrong, they will have to pay damages to Samsung.
Seems SJVN royally screwed up and KHess is 'reusing' the drivel SJVN wrote.
Mr. Hess: Please don't believe everything your colleague SJVN writes. From time to time he writes good articles, but his last one is really, really lame as in contrary to what SJVN claims, there's NO DECISION made at all, and the EU is NO INVOLVED in ANY way. Do your own research! And write an article about how lame the article of SJVN is.
Can someone give the North American/USA audience a definition of "pillock"? I mean, I snickered when I read the title of the discussion, and I guessed the "pillock" was either Enderle or Hess, but I'm just a parochial mid-continent North American: I've got no clue about the connotations of "pillock".
Like, what's the difference between being "gormless" and being a pillock? What's the difference between "pillock" and "bollock", that sort of thing would help.
Like, what's the difference between being "gormless" and being a pillock? What's the difference between "pillock" and "bollock", that sort of thing would help.
@phsolide: "pillock"
In the UK, while "pillock" may have a strict dictionary definition that I'm not aware of, colloquially it is used to refer to someone that is deliberately seen to be dense, like a loud, arrogant and overly-opinionated person. It is not usually assumed to be obscene or very offensive, rather a term of derision.
One might equate it to the term "dick", but far, far less offensive.
In the UK, while "pillock" may have a strict dictionary definition that I'm not aware of, colloquially it is used to refer to someone that is deliberately seen to be dense, like a loud, arrogant and overly-opinionated person. It is not usually assumed to be obscene or very offensive, rather a term of derision.
One might equate it to the term "dick", but far, far less offensive.
> ...colloquially it is used to refer to someone that is deliberately seen to be dense, like a loud, arrogant and overly-opinionated person.
An opinionated oaf, then.
> One might equate it to the term "dick", but far, far less offensive.
Closer than you might imagine. From dictionary.com:
slang ( Brit ) a stupid or annoying person [C14: from Scandinavian dialect pillicock penis]
The same source defines gormless (an alternative form of gaumless, apparently) as:
–adjective Chiefly British Informal . lacking in vitality or intelligence; stupid, dull, or clumsy.
An opinionated oaf, then.
> One might equate it to the term "dick", but far, far less offensive.
Closer than you might imagine. From dictionary.com:
slang ( Brit ) a stupid or annoying person [C14: from Scandinavian dialect pillicock penis]
The same source defines gormless (an alternative form of gaumless, apparently) as:
–adjective Chiefly British Informal . lacking in vitality or intelligence; stupid, dull, or clumsy.
Here this should be of some use to our American colonials
http://www.peevish.co.uk/slang/
As to a lower German court decision affecting the rest of Europe what absolute twaddle. Only a complete twat would come to that conclusion the guy must be a dunderheid.
But then the world is full of bawheids :)
http://www.peevish.co.uk/slang/
As to a lower German court decision affecting the rest of Europe what absolute twaddle. Only a complete twat would come to that conclusion the guy must be a dunderheid.
But then the world is full of bawheids :)
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So someone else comes along and makes a tablet that is black and has round corners and they are guilty of copying? Will someone tell these people that most smartphones and tablets available at the moment are black and have rounded corners?