Creative: Trade agency investigating Apple

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I will judge it based on the merits of the individual case

---So if the courts agree with Creative (or Apple settles), will you backtrack and say that this case had merit?---

If the patent is upheld, then obviously it does have merit. That's the way our system works, if the courts say it's valid, it's valid and you have to live with it no matter what. I still won't like it, but will accept it. Note that such a decision would screw over every single portable music player on the planet, including all of those wonderful "Plays For Sure" partners who would be next in line for injunctions and lawsuits.

---Eolas's lawsuit was frivolous (IMO) but MS still caved. The end result of a suit is hardly a good measure of the frivolity of that suit---

Again it depends on the suit and the individual case. If a company settles, then there's no determination of the validity of such a patent suit.

---However, Apple did the exact same thing with transparent cases---

This is where you're way off. The suit was about more than just the material used in the case. The suit was about the shape, the form factor, the overall design. If Ford puts out a new car that's identical in every outward way to a VW Bug, can VW sue? Of course they can, but you'd try to argue that the suit was about using metal as a material for a car body like you're doing here.

---I would argue that this patent covers the look and feel of a specific type of hierarchy on a specific device---

Don't know that this would pass the "novelty" requirements for a patent. If McDonalds tries to patent having a drive through window, but only for restaurants selling hamburgers, it would be just as invalid.

---However, let me turn this around and ask you why you assume that I only attacked your post because I thought you were a zealot?---

Because you frequently rail against zealots, and you rewrote my arguments to make them the ridiculous positions of a zealot. I do try to be measured and fair, and get upset when someone puts words in my mouth to make me look like a moron.

---It doesn't even matter if that means nothing coming from a zealot like me!---

I wouldn't call you a zealot, but you do have strong biases (as do we all) and a tendency to have kneejerk reactions at times.

Posted by: tic swayback   Posted on: 06/14/06 You are currently: a Guest | Members login | Terms of Use

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