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by metatronscube
4986 days ago
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As someone with little faith in the UK judicial system, this just doesn't make any difference to my views. I can already tell when someone is guilty of plagiarism. Samsung sinks of it. Anybody can see that. This verdict is not going to have any effect on people, and as i have found out at work among many colleges it more than solidifies peoples opinion that Samsung has done nothing but rip off Apple. Where as for instance when you compare the ipad/iphone to Microsoft's attempts its quite clear they are trying something different and people can see that as well. |
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Plagiarism? The case has nothing to do with plagiarism. It's not about copyright, it's about registered designs. Quoting TFA: "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." And it isn't.
Example: If I have never heard of the ipad, and come up with an identical design purely by coincidence, then I still do infringe their registered design right. Conversely, if I copy Apple's design exactly but then alter it enough that it "produce[s] on the informed user a different overall impression" from the ipad, I don't infringe.