Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

9/2/2012 (2 years ago)

Catholic Online (www.catholic.org)

Matching a competitor under your own brand is a time-honored practice, columnist says

Samsung is in court over allegations from Apple that they have copied too many elements from the iPhone. While imitation is the sincerest form of flattery, Charles Babcock with Information Week says that such things are to be expected in a free marketplace. "Samsung should be hung by its thumbs, at worst, not its neck," Babcock writes.

'Samsung should be hung by its thumbs, at worst, not its neck,' Charles Babcock with Information Week writes.

"Samsung should be hung by its thumbs, at worst, not its neck," Charles Babcock with Information Week writes.

Highlights

By Catholic Online (NEWS CONSORTIUM)

Catholic Online (www.catholic.org)

9/2/2012 (2 years ago)

Published in Technology

Keywords: Samsung, iPhone, Apple, patent, lawsuit, copying


LOS ANGELES, CA (Catholic Online) - Imitation and copying, Babcock insists "is continuously present in many parts of a free enterprise system and in some ways is a yardstick to the health of that system. I often see small, muscular-looking cars with lines similar to the BMW 300 series, but they have Swedish or Japanese nameplates on them," Babcock notes. "Matching a competitor under your own brand is a time-honored practice."

Lawsuits over patent violations, Babcock argues, "should aim to prevent is theft by copying, such as stealing the technology of a competitor's product, or creating such a conscious, copycat duplication that one product can be confused with another, thus letting the profits of an originator be taken by an imitator. Samsung did not do this."

Babcock points out that Samsung's attempts to mimic the Apple iPhone are miniscule. "Samsung's icon layout on its application screen looks similar to Apple's home screen, but beyond that, the jury's verdict in the Apple vs. Samsung case is a muddle, a confusion of design patents put in the same category as utility patents, and the verdict for infringing design looks as punitive as one for stealing technology."

Furthermore, utility patents are intended for a unique invention, which in essence is a monopoly that is granted for 20 years afterwards "after an examiner determines that no such inventions existed previously or can be found in what's known as prior art."

Design patents, more subjective are effective for about 14 years, and spring from an 1891 court case that found one silverware manufacturer had copied the pattern of another.

This is clearly an example of 19th century standards trying to be applied to the 21st, Babcock says. "If the 'ordinary observer' can detect 'substantial similarity' in one silverware pattern versus another, the original's design has been infringed, ruled the Supreme Court. And that's still the standard used in a design patent case involving two sophisticated, multi-layered electronic devices today."

Patents so far have played a far smaller role in computing and consumer electronics. For example, of the 6,242 patent examiners in the U.S. Patent Office, 99 of them are design examiners. The rest are utility patent examiners.

"In Smartphone design the evolving functional elements, such as the size of the touch screen, are closely tied into the overall design. Apple didn't invent the capacitive resistance touch screen ... But its core design patent on the iPhone covers a large, rectangular screen on a handheld device with rounded corners, much as you would now expect a touch screen to be implemented. There are other elements, but the screen-centric design figures heavily into the iPhone's and iPad's respective design patents."

In conclusion, Babcock suggests that Apple release the stranglehold it has on many common tech gadgets.

"Apple has used a dysfunctional U.S. patent system -- too many patents granted without enough understanding of the state of the art -- to prosecute this case."

.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for June 2015
Universal:
That immigrants and refugees may find welcome and respect in the countries to which they come.
Evangelization: That the personal encounter with Jesus may arouse in many young people the desire to offer their own lives in priesthood or consecrated life.


Rosaries, Crosses, Prayer Cards and more... by Catholic Shopping .com


Comments


More Technology

Facebook's Mark Zuckerberg predicts the future of technology Watch

Image of

By Hannah Marfil (NEWS CONSORTIUM)

Mark Zuckerberg, Facebook's CEO, shared and explained preparations the social media company is developing for the future. Through his profile's Q&A, he explained that he believes we will be soon able to send our thoughts out as we think them, with an optimum ... continue reading


ISIS posting up to 100,000 tweets per day, governments falling behind in cyber war Watch

Image of Sometimes all it takes - is one sympathetic ear or voice in a massive sea of indifference to turn a law-abiding citizen into an agent of terror and mass destruction.

By Catholic Online (NEWS CONSORTIUM)

Sometimes all it takes - is one sympathetic ear or voice in a massive sea of indifference to turn a law-abiding citizen into an agent of terror and mass destruction. Islamic State or ISIS continues to post 100,000 tweets daily in order to recruit ... continue reading


Hundreds of iPhone users hit with worrisome 'blue screen of death' Watch

Image of

By Atarah Haely (NEWS CONSORTIUM)

Complaints have piled up against Apple iPhones, reaching social media, after several iPhones of various models were hit by the "blue screen of death" just before rebooting without any notice. The random occurrences became somewhat of an outbreak, after people revealed ... continue reading


Samsung's amazing new technology promises to help lower car accident fatalities Watch

Image of

By Atarah Haely (NEWS CONSORTIUM)

Traffic accidents are horrifying and in an effort to prevent road accidents involving trucks, Samsung has introduced its new product, the "Safety Truck." The common response of drivers annoyed by a blocked view of a slow running big truck is they want to get ahead, but ... continue reading


Tokyo's Lexus creates levitating hoverboard -- A reality? Or another hoax? Watch

Image of

By Nikky Andres (NEWS CONSORTIUM)

You may find it hard to believe, but a working model for a hoverboard is actually here. The Tokyo branch of Lexus in Japan has developed a model for the hoverboard. It seems to act like magic - at least for now - as the hoverboard promises to carry a person using ... continue reading


Facial recognition technology taking over the world, even APPEARING IN CHURCHES Watch

Image of Facial recognition technology can identify you, even if you're not completely facing a camera.

By Linky C. (NEWS CONSORTIUM)

Companies and events are utilizing facial recognition technology to identify a person's face, even if the face is partially hidden. Facebook uses their vast facial recognition database, which can recognize a face even when it's hidden. Google's new Photos app can now ... continue reading


Strange new COCKROACH ROBOT squeezes through impenetrable gaps Watch

Image of

By Nikky Andres (NEWS CONSORTIUM)

A team of researchers from the University of California, Berkeley have created a robot based on a cockroach. The new technology is so innovative; it is hard not to find yourself stunned to witness the cockroach bot escape into an extremely miniscule gap. MUNTINLUPA, ... continue reading


Extra-terrestrial life exists - but not at Area 51 Watch

Image of There is life on other planets - but there are no little green men hiding out at Area 51, according to NASA Administrator Major Charles Bolden.

By Catholic Online (NEWS CONSORTIUM)

There is life on other planets - but there are no little green men hiding out at Area 51, according to NASA Administrator Major Charles Bolden. He was on hand to greet a crowd of curious British schoolchildren, and said that there are so many planets like our ... continue reading


Is there water - and life on Europa, one of Jupiter's moons? Watch

Image of Jupiter is about 390 million miles from Earth when the two planets are at their closest.

By Catholic Online (NEWS CONSORTIUM)

Europa, one of Jupiter's larger moons, and is approximately the size of Earth's moon. Many astronomers say the moon has the greatest potential for life in our solar system. To this end, NASA is planning a more in-depth study and mission to this mysterious ... continue reading


Is a 706 MPG car possible? BMW hopes of creating stunning new electric car Watch

Image of

By Nikky Andres (NEWS CONSORTIUM)

Several months after the release of BMW's i8 hybrid sports car, rumors are circulating about a new model. According to the rumors', the German automaker is currently focusing on the development of a more efficient model than the previous i8. MUNTINLUPA, PHILIPPINES ... continue reading


All Technology News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Ezekiel 2:2-5
2 As he said these words the spirit came into me and ... Read More

Psalm, Psalms 123:1-2, 2, 3-4
1 [Song of Ascents] I lift up my eyes to you who are ... Read More

Gospel, Mark 6:1-6
1 Leaving that district, he went to his home town, ... Read More

Reading 2, Second Corinthians 12:7-10
7 Wherefore, so that I should not get above myself, I ... Read More

Saint of the Day

Saint of the Day for July 5th, 2015 Image

St. Anthony Mary Zaccaria
July 5: Cofounder of the Barnabites. Born in 1502 in Cremona, Italy, ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter