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To: pyslent who wrote (22764)10/18/2012 7:35:23 AM
From: sylvester80  Respond to of 32685
 
Apple loses UK tablet design appeal versus Samsung
18 October 2012 Last updated at 07:15 ET
bbc.co.uk
A UK judge had said he thought few people would confuse the Galaxy Tab computers with Apple's iPad

Apple has lost its appeal against a UK ruling that Samsung had not infringed its design rights.

A judge at the High Court in London had originally ruled in July that the look of Samsung's Galaxy Tab computers was not too similar to designs registered in connection with the iPad.

He said at the time that Samsung's devices were not as "cool" because they lacked Apple's "extreme simplicity".

Apple still needs to run ads saying Samsung had not infringed its rights.

The US firm had previously been ordered to place a notice to that effect - with a link to the original judgement - on its website and place other adverts in the Daily Mail, Financial Times, T3 Magazine and other publications to "correct the damaging impression" that Samsung was a copycat.

The appeal judges decided not to overturn the decision on the basis that an Apple design-rights victory against Samsung in the German courts risked causing confusion in consumers' minds.

However, they added that the move need not "clutter" Apple's homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period.

A spokeswoman for Samsung said it welcomed the latest ruling.

"We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple's registered design features can be found in numerous examples of prior art.

"Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

Apple declined to comment.

Registered designThree judges were involved in the Court of Appeal review of the case.

Apple had reasserted its claim saying that the front face and overall shape of the tablets was the most important factor - rather than the overall design - because users would spend most of their time looking at a tablet's screen and holding it.

One of the judges - who noted he owned an iPad himself - explained why Apple had lost the appeal in his ruling.

"Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about," wrote Sir Robin Jacob.

"It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law."

"So this case is all about, and only about, Apple's registered design and the Samsung products."

Sir Robin noted that Samsung's decision to place its logo on the front of its devices distinguished them from Apple's registered design which said there should be "no ornamentation".

He also highlighted the fact that the sides of the iPad's design - which featured a "sharp edge" - were significantly different from those of the Galaxy Tabs.

In addition, Sir Robin wrote that Samsung's designs were "altogether busier" with a more varied use of colour on the devices' rear and their inclusion of a thicker section to house a camera.

International lawsuitsApple has now lost a series of lawsuits against Samsung based on the design of their tablets.

These include cases in the Netherlands, Australia and US - despite sometimes winning temporary sales bans.

However, the California-based company has been more successful with other claims.

Most notably a US jury proposed Samsung should pay Apple a $1.05bn (£650m) fine for infringing several software patents, and the look and feel of the iPhone. Samsung is appealing the verdict.



To: pyslent who wrote (22764)10/18/2012 10:37:01 AM
From: sylvester80  Respond to of 32685
 
Verizon iPhone5 sales very weak.... that's why they didn't give a number...



To: pyslent who wrote (22764)10/18/2012 11:03:27 AM
From: sylvester80  Respond to of 32685
 
THAT IS WHY I LOVE GOOGLE..Google Exec Makes Apt Use of 20 Percent Time to Build YouTube for Good
THURSDAY, OCTOBER 18, 2012
themarketsareopen.blogspot.com

Google Inc(NASDAQ:GOOG)’s Hunter Walk finally succeeds in developing YouTube for Good that focuses on developing services for nonprofits and activists. Walk has succeeded in gathering about 200 people from the online video site’s 1000 employees along with some from Google’s headquarters in Mountain View to contribute some time to build online tools used by organizations like United Nations World Food Program and Charity: Water.

This venture has been made possible due to Google’s “20 percent time” program that allows employees to work on their personal projects on one day of the week. Walk wanted to develop YouTube into something more serious like a global classroom, ever since Google acquired it in 2006. He did not want it to be a platform for only watching animal clips, music videos or movie trailers.

YouTube’s rise into the online video giant that it is today with more than 800 million monthly viewers, is also due to Walk’s efforts. He has also improved Google’s advertising network right from the time of his joining, which was almost 9 nine years back. Though he has learnt to make use of 20 percent time, he does not reveal its headcount as he greatly values discretion.

There were talks of 20 percent time being closed down after CEO Larry Page shut down Google Labs, the part of the website that housed many of the experimental online tools that came out of the program. However, it is still in existence for the time being because of generating popular products like Google News and Gmail.

YouTube for Good is doing extremely well coupled with the live streaming feature that was first tested with nonprofits for last year’s AIDS symposium by the ONE Campaign. Useful tools have also been developed by Walk’s team such as automatically blurring the faces of people appearing in videos, so that activists in protest videos can be protected.



To: pyslent who wrote (22764)10/19/2012 11:15:33 AM
From: sylvester80  Respond to of 32685
 
iPhone5 sales falling way short.... while Galaxy SIII sales spiking... LMFAO... too funny...
Message 28484743