132-page internal memo shows how Samsung set out to copy the iPhone
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The real issue is what degree of protection should our legal system provide original innovators against those who want to copy their innovations.
I think the guiding principle should be the least legal protection that would still leave enough incentive for the original innovation to be created. In the case of software, where there is little fixed investment cost and a competitive advantage to being "first to market", I have a hard time seeing the need for any legal protection.
For example, could anyone seriously argue that Apple wouldn't, say, implement a "slide to unlock" mechanism on the iPhone if they couldn't patent that behavior?
We really need an act of congress to rectify this situation.
That said it's a complex issue and patents have historically never really covered designers (look at the history of the motorcar, the plane, photography, architecture, etc.)
Also the iPhone is probably the exception - it actually did make a huge amount of money before being copied. Most design projects are far more marginal.
? I think you underestimate the costs for a company like Apple to go through the design, test, review, tweak cycle over and over again for each of those pixels. The cost to get it just right is not "little".
The extensive costs from the required multiple iterations required to arrive at such designs before they are seen by the public explains why companies like Samsung would prefer to save money, skip the iterations and simply jump straight to the end result by copying.
Apple's claiming that Samsung deliberately copied their trade dress to confuse consumers. Remember, trade dress isn't functionality. It's the look and feel of the product, not the functionality.
It's over things like the color of the slide to unlock mechanism. The choice of icons and placement. Not the fact that you move your finger across the screen in a certain place to unlock the phone.
Surely Samsung wanted to mimic that sleek smartphone feeling that was all the rage, but try to confuse customers with a clone? They would be doing a terrible job.
In this kind of example, so long as it looked pretty similar and acted pretty similar, people might feel okay to buy the alternative product --whereas if it had the same functionality, or perhaps better fucntionality, but did not look like the genuine product, they might look elsewhere.
And I now own a Google Nexus 7 tablet (in addition to an iPad). It also does not say anything on the frontside. It, clearly, is also designed to look from the front as much like an iPad as possible--only smaller.
From looking at the front of the Nexus 7, the only noticeable difference from an iPad is the lack of the round Home button that every iPad has.
To say that this is the only conceivable way for a tablet to look indicates either profound rationalization, or a true lack of imagination and knowledge of history. To assert that Google has such lack of imagination and knowledge of history is even more absurd. History is replete with examples of tablet computers that don't closely resemble the iPad. Even the Kindle Fire is noticeably different.
Confusing them with a clone doesn't necessarily mean having them believe they are buying an iPhone.
It's about having them believe: "well, this looks same-ish to me, it should be just as good as that iPhone thing".
Side note: where did Apple get inspiration for their should a reel-to-reel recorder image in the new podcast app? Slide 121? Answer: I don't know but it shouldn't matter.
I don't think that's the case, if it's just showing the date on the icon.
On the other hand, if the instruction is to "Show the date display on the Calendar icon exactly like Apple's icon," that's a different story.
It would have been nice to see them trying to make their products better than the iPhone, but, alas, they are only trying to play "catch-up", not "exceed".
And we've seen time and time again, that just as everyone else "catches-up" to an Apple device, Apple go and release the next one that jumps them ahead again, because they have that 1-2 year head start.
Yeah, I know it has not always been the case, but I think it's pretty safe to say it was the case with the iPod for it's entire life, and it does happen with the iPhone/iPad/MBA/MBPr
For example, #52: No menu for going back to the previous screen when watching a video. Isn't this a trait of the android OS? Hard button to go back, and it's universally like this for all apps. Adding a back button just for video would break the continuity.
#56: Star to 'add to fav' should be replaced with a plus because users don't recognize what a star does. I'm pretty confident that people will understand what a star does in this context...
That said, this kind of corporate innovation is pretty broken, too. The way I interpret this document is not "how can we make a great product?" but rather: "How can we emulate a great product?"
Almost ironic, now that the iPhone app store is almost entirely comprised of mine craft rip offs.
I'm saying (poorly) that I think that reason should dictate that if apple pays X per device for the tech that enable the device then samsung should pay Y < X if found to be infringing on round corners and colorful icons.
I don't value the design that much more highly than the enabling tech. I was pretty satisfied with my old compact nokia phone - I had a midi of run to the hills as my ringtone. Life was good.