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Is emulating a product the same as stealing?

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C VanDorne
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re: Is emulating a product the same as stealing?
C VanDorne   8/13/2012 4:01:10 PM
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Stephan, doesn't the time limitation of a patent represent the compromise here, so that the IP originator can profit exclusively for a predetermined period of time? And then after that the free-for-all begins? Also, I understand your libertarian impulses but I think that out of necessity you will be sourly dissapointed in the coming years. What else can America produce profitably but ideas - intellectual property. (Note the use of the word "profitably". I fully understand that many are quite able, and too willing, to produce the by-product of bureaucrasy - paper, lots of it.)

C VanDorne
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CEO
re: Is emulating a product the same as stealing?
C VanDorne   8/13/2012 3:13:09 PM
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Nah, too many vested interests.

RWatkins
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re: Is emulating a product the same as stealing?
RWatkins   8/11/2012 3:37:52 AM
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Some things just never change. How many of you still remember Apple suing over GEM, when HP and Microsoft joined in, and the farce of the "Apple" OS for the MacIntosh was revealed. Apple is and has long been suit happy. What HAS changed is what the USPTO is required to accept for patents. The real problem is that much (my searches have lead to a more likely conclusion of MOST) of the software and business practices "art", is not truly new but couched in obfuscated terminology to confuse the examiner to prevent his finding other prior art. So, often the "inventor" is in fact the copier! And then he goes off with the full intent of truly stealing from others who also copied similarly. Once again, fact is often stranger than fiction.

Fred.Ford
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re: Is emulating a product the same as stealing?
Fred.Ford   8/10/2012 9:47:12 PM
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Might we think back a little farther, say about a hundred years. Where would we now be if USPTO had granted a patent to Henry Ford or one of his competitors for a steering wheel, or the arrangement of brake, gas and clutch petals that we now accept as standard. Progress requires that some great ideas are in the public interest and every ones success requires that they be available for all to use.

DickH
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re: Is emulating a product the same as stealing?
DickH   8/10/2012 9:25:27 PM
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I think you're completely wrong. Things like design are protected and proprietary, but none are patentable (nor should be - the fact that a phone is flat and rectangular is not 'an invention'). If you take a competent engineer who has never seen an iPhone, and you describe its operation (but omitting to describe its appearance) to him/her, that it has a touch interface which is the display, and then ask him/her to design one, they will look out the necessary chips, and displays and in the event that some of them don't already exist, design them, or at least try, since it's obvious what's necessary, and the other parts, and come up with something that very probably looks like the iPhone. They are unlikely to make the display circular or spherical. Apple's advantage was to be first. That's their market advantage. It has worked, so far. They should be content with that. Even a lot of genuine inventions become obvious once someone has made the first, without any knowledge of the actual detail. Would you have wanted Benz or Daimler to have had a world-wide 'patent' on 'the idea of' a car?

JoePLUS
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re: Is emulating a product the same as stealing?
JoePLUS   8/10/2012 4:29:22 AM
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The Mac System was redesigned on top of BSD (an open source version of Unix). That redesign has since been called OSX. OSX was slimmed down for the iPod and then used as the basis for the iPhone. When that OS was used for the iPad, they renamed it iOS and are now back porting it into OSX.

JoePLUS
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re: Is emulating a product the same as stealing?
JoePLUS   8/10/2012 4:14:17 AM
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I had never heard this 'license' Apple got until recently. Since Xerox did try to sue Apple, I'm guessing this 'license' is revisionist history. By the way, the Xerox suit was dismissed because they waited too long (i.e., they lost on a technicality, not because of the facts).

JoePLUS
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re: Is emulating a product the same as stealing?
JoePLUS   8/10/2012 4:10:57 AM
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No. they sued Microsoft and lost.

timemerchant
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re: Is emulating a product the same as stealing?
timemerchant   8/10/2012 12:09:11 AM
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Many years ago, the IBM plug-compatible mainframe vendors forced IBM to divulge interface specifications. They even sold hardware that ran IBM operating system software. Now Apple does not allow their software (Darwin derived from BSD Unix) to run on other suppliers' hardware. Apple was sued by Exponential in 1997 for sinking their PowerPC efforts, and PA Semi were acquired, sinking their PowerPC work, with little obvious gains to Apple. Freescale and IBM were gratuitous enough not to air their side of the Apple switch from PPC to Intel. My iPhone, iPad and other computer hardware have many faults that the equivalent in the auto industry would never get away with, so while people are jumping out of buildings and Apple sits on a pile on money, they should try to fit in a little better instead of such anti-social behavior. This court case is going to really harm their business, as the real patents are the wireless ones, and here Nokia (no longer king), plus Google with their recently acquired bunch will fend off Apple. Mobile phones come an go, but the innovation in my opinion was to include the iPod into the iPhone and have an ecosystem like iTunes that worked seamlessly. It is no better than any other phone for making calls (with a camera is worse than many other phone makers').

Phil.Gillaspy
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Rookie
re: Is emulating a product the same as stealing?
Phil.Gillaspy   8/9/2012 8:10:41 PM
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I'm way late chiming in, but I for one see no revolutionary or unique design introduced by Apple. There is nothing that is not a natural evolution from the graphical desktop customized for touch screen and sans keyboard/mice.

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