Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

9/2/2012 (1 year 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 (1 year 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'


2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for July 2014
Sports:
That sports may always be occasions of human fraternity and growth.
Lay Missionaries: That the Holy Spirit may support the work of the laity who proclaim the Gospel in the poorest countries.



Comments


More Technology

Astronomers crack mystery of 'transformer' star Watch

Image of The mysterious star switches between two states of energy output, baffling scientists -- until now.

By Catholic Online (NEWS CONSORTIUM)

Astronomers have discovered a star that seems to vary and vanish in a surprising fashion. They mystery may now have been solved. LOS ANGELES, CA (Catholic Online) - Scientists observing a pulsar have been surprised to notice the star disappear and reappear in their ... continue reading


Apple dominates tech market as anticipation builds for iPhone 6 Watch

Image of The iPhone 6, expected to be released in September, is highly anticipated, and may be responsible for the slight increase in sales of iPhones.

By Catholic Online (NEWS CONSORTIUM)

Apple continues to do well in the market, as the company's flagship product, the iPhone, gained significant traction since March, and the Mac line of desktop computers also saw growth. LOS ANGELES, CA (Catholic Online) - Apple sold 35.2 million iPhones over the ... continue reading


Latest claim: the universe might not be natural... Say whaa? Watch

Image of A map of the cosmic background radiation which permeates the universe. Note the

By Catholic Online (NEWS CONSORTIUM)

The nature and structure of the universe is one of the most enduring questions of the ages. Even the Book of Genesis addresses the topic. Presently, scientists are using modern scientific tools and methods to probe these mysteries and the preliminary results are ... continue reading


What is Microsoft up to? After this rambling memo, even its employees don't know! Watch

Image of Microsoft CEO Satya Nadella is planning to eliminate almost 20,000 jobs by 2015.

By Catholic Online (NEWS CONSORTIUM)

Software giant Microsoft announced that it is going to cut 18,000 jobs by 2015-about 14% of the company's 125,000 employees, by far the largest amount of layoffs in the history of the company. LOS ANGELES, CA (Catholic Online) - Most of these layoffs-12,500-will ... continue reading


Mars Rover finds massive iron meteorite Watch

Image of NASA has now published the combined image. A preliminary analysis has been made of what the meteorite is made from.

By Catholic Online (NEWS CONSORTIUM)

What will they find next on the surface of Mars? Just recently, NASA's Curiosity rover came across a massive iron meteorite half buried in the sands of Mars. The space agency has dubbed the find "Lebanon." LOS ANGELES, CA (Catholic Online) - The two-meter-wide ... continue reading


Ever wondered why North America doesn't have any elephants? Scientists have the answer Watch

Image of A new study suggests that the earliest American natives hunted to extinction, a precursor to modern elephants.

By Catholic Online (NEWS CONSORTIUM)

The Clovis people, thought by many archaeologists to be the original native Americans, hunted to extinction the precursors to modern elephants that lived alongside them in North America, new scientific evidence suggests. LOS ANGELES, CA (Catholic Online) - This ... continue reading


Jesuit Brother gains prestigious award for astronomy Watch

Image of Jesuit Brother Guy Consolmagno received the coveted Carl Sagan Award for 2014, by bringing an enthusiasm for science to the general public.

By Catholic Online (NEWS CONSORTIUM)

A Jesuit brother has been awarded the Carl Sagan Medal for 2014 for his radio shows and public lectures on astronomy which helped generate interest in scientific inquiry among the general public. LOS ANGELES, CA (Catholic Online) - The American Astronomical ... continue reading


Untouched by human hands: iPhone 6 made completely by robots Watch

Image of The machines that were introduced in 2011, known as

By Catholic Online (NEWS CONSORTIUM)

Robots are performing more and more human-like functions in the worlds of industry, and it comes as little surprise that Apple is increasingly using automations in the constructions of iPhones. Human hands attached to real living humans in the past previously ... continue reading


New Google Glass app lets users know of imminent Israeli missile attacks Watch

Image of These alerts provide similar information to the Red Alert, which is an Israel app for smartphones and tablets, which recently incorporated the popular instant-messaging app

By Catholic Online (NEWS CONSORTIUM)

It's a new app that sadly paints a distressing picture of contemporary life in the Middle East. The app, for Google Glasses, is capable of warning users in Israel of impending enemy rocket attacks. LOS ANGELES, CA (Catholic Online) - Called Israel Missile Alerts, ... continue reading


IN THE DARK: Astronomers wonder what happened to 80 percent of the light in the universe Watch

Image of A $70 million instrument, the Cosmic Origins Spectrograph, designed by the University of Colorado Boulder and installed on the Hubble Space Telescope was used in the research.

By Catholic Online (NEWS CONSORTIUM)

The universe has gotten a lot darker. Astronomers have discovered an enormous deficit of ultraviolet light in the known universe and are at a loss as to why that is. LOS ANGELES, CA (Catholic Online) - They are forthright in saying that there is "something is ... 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, Sirach 44:1, 10-15
1 Next let us praise illustrious men, our ancestors ... Read More

Psalm, Psalms 132:11, 13-14, 17-18
11 Yahweh has sworn to David, and will always remain ... Read More

Gospel, Matthew 13:16-17
16 'But blessed are your eyes because they see, your ... Read More

Saint of the Day

Saint of the Day for July 26th, 2014 Image

Sts. Joachim and Anne
July 26: By tradition Joachim and Anne are considered to be the names of ... 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