|Apple Is A Bully|
|Written by LJKelley|
|Saturday, 25 August 2012 01:12|
Apple is a bully. Yes that's rights. Today, the Apple v Samsung case reached a jury verdict of just over 1 billion dollars in favor of Apple. The main points were that Samsung had breached Apple's trade dress and patents concerning 'bounce back' and 'pinch to zoom.'
But I think the verdict is absolutely ridiculous. My counter point: Windows Phone. Apple showed the Lumia 900 has an example of a device that was innovation and not breaching its patents & trade dress. In fact the press has pushed this fact since Windows Phone and especially the Nokia Lumia series came out.
But the fact is Windows Phone has 'pinch to zoom' and 'bounce back (where at then end of a list, it will bounce to indicate the end or start of a list)' and the Lumia 800 & 900 both look like prototype devices that Apple showed in the trial. They ultimately decided on a different design, but shows how close Nokia could have been to infringing on Apple's trade dress (or vice versa).
Sure Microsoft has a cross license agreement with Apple. Windows phone can legally use 'pinch to zoom' and 'bounce back.' But it in regards to trade dress, Apple hit Samsung up just as much for their Windows Phone devices.
One can not compete in the smartphone market without modern features. And Apple is just as guilty of using features pioneered by others including direct copy of the Android notification system.
But for whatever reason, Steve Jobs had a vendetta against Android. And they are a bully. Apple should be ashamed. As should our legal system. Letting a jury, a majority of which didn't own smartphones decide on a such a technical case.