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The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

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Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#41

Post by huggyface »

georgemcbay wrote: post #11

tbh, I actually like the new design better than the old one. Given this side-by-side http://cdn.androidpolice.com/wp-content/uploads/2012/05/not-... I would choose the design on the right in a heartbeat. The only problem I have with the right-side phone is the busy/light wallpaper makes the icons and text a bit hard to read, but give that phone a black wallpaper like the one on the left has (and this is an easy user-…

The only problem I have with the right-side phone is the busy/light wallpaper makes the icons and text a bit hard to read, but give that phone a black wallpaper like the one on the left has (and this is an easy user-tunable parameter) and problem solved.

For some reason every picture of a Galaxy S (I | II | III) phone always shows the app drawer open. That is a surface that most users seldom interact with.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#42

Post by blinkingled »

thought_alarm wrote: post #35
blinkingled wrote: post #23

Earlier quoted context omitted.

Performance / UI fluidity issues - that hasn't been true since long time now, especially so since ICS. Only hardcore apple enthusiasts and the ignorant keep repeating that (and Windows viruses) ;)

Samsung made $10 billion over the last two quarters selling devices with outdated 2.x Android software. And last time I checked my carriers, none of their myriad of Samsung devices came with ICS. Clearly ICS and smooth scrolling is not important to the carriers or their typical customers. Consequently, ICS is not important to Samsung. It's not ignorant to say that Andriod scrolls poorly. It's just that scrolling perf…

Android scrolling wasn't bad enough for normal, non-picky users to notice. It's only techies who are used to iOS scrolling who complain about it.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#43

Post by joejohnson »

dakrisht wrote: post #31

It's one of the ugliest phone's I've ever seen. Terrible engineering. Sure, the guts are great, but aesthetically it looks awful. Also can't believe that Apple has a patent on a damn square. Unbelievable.

Apple doesn't have a patent on the square. Or the rectangle. Did you not read the article? Infringing phones were phones with all of those listed characteristics; not just one or a few of those characteristics. The "Apple owns the rectangle" myth is just that: a myth perpetuated by those who fail to understand IP litigation.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#44

Post by w1ntermute »

thought_alarm wrote: post #35
blinkingled wrote: post #23

Earlier quoted context omitted.

Performance / UI fluidity issues - that hasn't been true since long time now, especially so since ICS. Only hardcore apple enthusiasts and the ignorant keep repeating that (and Windows viruses) ;)

Samsung made $10 billion over the last two quarters selling devices with outdated 2.x Android software. And last time I checked my carriers, none of their myriad of Samsung devices came with ICS. Clearly ICS and smooth scrolling is not important to the carriers or their typical customers. Consequently, ICS is not important to Samsung. It's not ignorant to say that Andriod scrolls poorly. It's just that scrolling perf…

> And last time I checked my carriers, none of their myriad of Samsung devices came with ICS

I don't know which carriers you checked, but the Samsung Galaxy Nexus (which runs stock ICS) has been on the market for several months now. In the US, it's available from Verizon, AT&T, and Sprint.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#45

Post by Tobu »

Xuzz wrote: post #38
Tobu wrote: post #29

Earlier quoted context omitted.

Protecting customers from misrepresentation – unknowingly being sold something that does not match the logo stamped on it: fine; protecting a megacorp from its competitors selling something with similar design, but a different brand name: customers lose.

That's a reasonable opinion, but it's not how that type of intellectual property works. Again, Nilay Patel (a lawyer, fwiw) at The Verge: Trade dress is the wonky red-headed step-cousin of the family that fills the gaps between the three; you might think of it as a trademark on design elements that trigger consumer recognition. [...] Apple's claim is that the iPhone's box and design scream "Apple" to consumers just a…

This kind of legal weapon is just emerging, and it's a product of circumstance — patent offices have rubberstamped hundreds of Apple's bevelled rectangles, and Apple recently found a court that would act on it and delay sales. It's a bit early to say lawyers have it all figured out, and that we should shut up and listen to them.

Consequences matter, the intent and spirit of the law matter — lobbying, laws, case law, patents and injunctions are decided by humans — which is why it's important to counteract the claim you quote, that this is about protecting customers from being confused about what they're buying.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#46

Post by Locke1689 »

w1ntermute wrote: post #44
thought_alarm wrote: post #35

Earlier quoted context omitted.

Samsung made $10 billion over the last two quarters selling devices with outdated 2.x Android software. And last time I checked my carriers, none of their myriad of Samsung devices came with ICS. Clearly ICS and smooth scrolling is not important to the carriers or their typical customers. Consequently, ICS is not important to Samsung. It's not ignorant to say that Andriod scrolls poorly. It's just that scrolling perf…

> And last time I checked my carriers, none of their myriad of Samsung devices came with ICS I don't know which carriers you checked, but the Samsung Galaxy Nexus (which runs stock ICS) has been on the market for several months now. In the US, it's available from Verizon, AT&T, and Sprint.

No it's not. In the US it's available from Verizon and Sprint as the LTE version (not completely compatible with the HSPA version) and there is no device available from AT&T or T-Mobile. You can buy an unlocked device directly from Google, but there is no subsidized version available for AT&T or T-Mobile customers.

I bought my HSPA version unlocked in the Netherlands.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#47

Post by Xuzz »

Tobu wrote: post #45
Xuzz wrote: post #38

Earlier quoted context omitted.

That's a reasonable opinion, but it's not how that type of intellectual property works. Again, Nilay Patel (a lawyer, fwiw) at The Verge: Trade dress is the wonky red-headed step-cousin of the family that fills the gaps between the three; you might think of it as a trademark on design elements that trigger consumer recognition. [...] Apple's claim is that the iPhone's box and design scream "Apple" to consumers just a…

This kind of legal weapon is just emerging, and it's a product of circumstance — patent offices have rubberstamped hundreds of Apple's bevelled rectangles, and Apple recently found a court that would act on it and delay sales. It's a bit early to say lawyers have it all figured out, and that we should shut up and listen to them. Consequences matter, the intent and spirit of the law matter — lobbying, laws, case law,…

Again, Nilay Patel at The Verge (maybe read the article? http://theverge.com/2011/04/19/apple-sues-samsung-analysis/):

Trade dress law is well-established, and Apple itself has a history of successfully pursuing trade dress claims in the Northern District of California. In 2000 the company sued both eMachines and a company called Future Power for knocking off the iMac's trade dress, winning injunctions in both cases and eventually getting extremely restrictive settlements that effectively removed the infringing products from the marketplace.

The eOne: http://lowendmac.com/imac/eone.shtml

Article about the case: http://zdnetasia.com/apple-stops-sales-of-imac-knockoffs-130...

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#48

Post by zobzu »

oskarth wrote: post #24
stephengillie wrote: post #19

Earlier quoted context omitted.

but in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying. How can consumers be confused about what they're buying? Even if their software appears similar, one device has a large Apple logo on the back and is sold almost entirely through a different retail chain.

You'd be surprised what consumers can mistake a product for. In many people's eyes, iPhone == smartphone. It'd be a relatively simple mistake to make if you are a elderly non-techie.

Then they should read what's written on the box because its pretty damn clear. I mean going by that kind of thinking, one can mistake vodka and water. In fact its probably a LOT easier to mistake vodka and water than an iPhone 4 and a Galaxy S2.

Vodka, water, same color. iPhone, Galaxy S.. not even the same color. Just a vaguely similar shape. Heh.

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#49

Post by zobzu »

blinkingled wrote: post #30
gcb wrote: post #27

Earlier quoted context omitted.

Which are still low numbers. My nexus one with animations disabled is sluggish. Mainly dragging maps is embarrassing. on the other hand, the 3gs of the time is also laggy. And it's not even on ios4

My wife's Nexus One doesn't seem to lag with default animation settings - running CM7. Both 3GS and N1 are arguably old devices in mobile times!

And the 3GS also lags a little from time to time anyway (probably less than a nexus one, but still)

Re: The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

#50

Post by zobzu »

joejohnson wrote: post #43
dakrisht wrote: post #31

It's one of the ugliest phone's I've ever seen. Terrible engineering. Sure, the guts are great, but aesthetically it looks awful. Also can't believe that Apple has a patent on a damn square. Unbelievable.

Apple doesn't have a patent on the square. Or the rectangle. Did you not read the article? Infringing phones were phones with all of those listed characteristics; not just one or a few of those characteristics. The "Apple owns the rectangle" myth is just that: a myth perpetuated by those who fail to understand IP litigation.

It's pretty clear they'd sue again if it was rectangular tho. Because the other characteristics are similar anyway and can't really be made in an extremely different way.

I'm pretty much certain Samsung is aware that most people prefer the SGS2 (intl') form factor over the roundish one.

That being said for a rounded one I would have wished they made it nicer. The HTC one is nicer for example.

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