KnightWRX
Apr 20, 01:46 PM
They don't need to amend. This is a federal pleading so the standard is whether it puts Samsung on notice. This is a different standard than state courts, where they would have to be much more specific. Eventually they will have to prove which models are accused. Looks to me like the complaint is fine.
So all that is left is to discuss the actual merit of the trade dress claim, of course, something that will in the end be up to the judge.
We can use pictures all we want, something tells me Samsung is just going to bring in devices into the courtroom. Pictures can be misleading as certain angles/shots might make ressemblances show up that aren't quite there.
Also, it remains to be seen how much the judge will accept generic things like "rounded corner", since I don't think I've ever had a phone without rounded corners and how much in the end, he decides that the devices to ressemble or not each other.
Do you know of someone that looked up the icon trademarks on the USPTO site ? Did Apple even register them (I know you don't have to, unless you want punitive damages) ?
So all that is left is to discuss the actual merit of the trade dress claim, of course, something that will in the end be up to the judge.
We can use pictures all we want, something tells me Samsung is just going to bring in devices into the courtroom. Pictures can be misleading as certain angles/shots might make ressemblances show up that aren't quite there.
Also, it remains to be seen how much the judge will accept generic things like "rounded corner", since I don't think I've ever had a phone without rounded corners and how much in the end, he decides that the devices to ressemble or not each other.
Do you know of someone that looked up the icon trademarks on the USPTO site ? Did Apple even register them (I know you don't have to, unless you want punitive damages) ?
ABernardoJr
Apr 8, 12:39 AM
When you are as HUGE as best buy, and you are selling a product as huge as the iPad, it makes sense to create a demand. People do this all the time. You can't get it now, so the second it becomes available to you, you buy it in fear that you might have to wait another month. This happens all the time with a lot of products.
How does that create demand? Instead of actually getting the sale, you deny a sale and hope it "creates demand" so that they'll come back and buy it in fear? Especially considering that they could have just purchased it in the first place and avoided the whole issue. Actually selling out the product and then having no more available in stock would create demand AND generate revenue. Doing what they did would generate SOME revenue and likely cause customers to look elsewhere for iPads.
Edit: This isn't to say that I don't recognize the concept of reaching quotas for the day and saving products for the next day's quota. That's a different argument. What I'm referring to is that this is likely not about demand but about selfishly wanting to meet quotas and turning away customers in the process. Not creating demand. It's immoral, but business/retail and morality don't always work so well together.
How does that create demand? Instead of actually getting the sale, you deny a sale and hope it "creates demand" so that they'll come back and buy it in fear? Especially considering that they could have just purchased it in the first place and avoided the whole issue. Actually selling out the product and then having no more available in stock would create demand AND generate revenue. Doing what they did would generate SOME revenue and likely cause customers to look elsewhere for iPads.
Edit: This isn't to say that I don't recognize the concept of reaching quotas for the day and saving products for the next day's quota. That's a different argument. What I'm referring to is that this is likely not about demand but about selfishly wanting to meet quotas and turning away customers in the process. Not creating demand. It's immoral, but business/retail and morality don't always work so well together.
notjustjay
Apr 8, 12:13 AM
I wouldn't be surprised. The quota explanation was given already, but they might also be holding back stock of the cheaper models in order to drive more sales of the higher end ones. "Oh, you wanted the 16 gig wifi model? Sorry, all sold out. But we do have this lovely 64 gig 3G version. If you really want the iPad 2, this is your big chance... it's only a little bit more..."
That happened to me, almost, when I bought the original iPad from Best Buy here in Canada on our launch day last year. The guy almost smirked when he said, sorry, the 16 gig ones were all sold out, but they had plenty of the 64 gig models. Luckily I persisted and he managed to find one more 16 gig, the last one! How lucky was that! :rolleyes:
That happened to me, almost, when I bought the original iPad from Best Buy here in Canada on our launch day last year. The guy almost smirked when he said, sorry, the 16 gig ones were all sold out, but they had plenty of the 64 gig models. Luckily I persisted and he managed to find one more 16 gig, the last one! How lucky was that! :rolleyes:
cljmac
Apr 7, 11:21 PM
i talked to a friend of mine thats a GM of a bestbuy store. He or his regional manager didnt know why or who put the stop sell order
on the ipads this morning. At 6pm they still didnt know why.
The email only said dont sell new in the box ipad 2s, sell through
your preorders and open items. no other instructions
were given. i think they over sold there preorders at some locations.
on the ipads this morning. At 6pm they still didnt know why.
The email only said dont sell new in the box ipad 2s, sell through
your preorders and open items. no other instructions
were given. i think they over sold there preorders at some locations.
ksz
Sep 20, 03:29 AM
What did you expect? Didn't you look at his avatar? Cool, Homer is a member of Macrumors. :D
...except that he's a she...a demi-goddess. Frequent updates are a good thing. I would not want to stop the march of progress just so I could personally feel better about a little money I spent.
...except that he's a she...a demi-goddess. Frequent updates are a good thing. I would not want to stop the march of progress just so I could personally feel better about a little money I spent.
aegisdesign
Sep 13, 12:35 PM
going out on a limb here and assuming you have a heavily cluttered desktop
Yes, I know. it takes me a couple of days to really clutter up my desktop whilst I'm working on a project and the desktop's the handiest place to stash stuff. I've also usually got 30-40 windows open too.
If I'm busy I don't have the time to de-clutter and get back teh snappy.
Yes, I know. it takes me a couple of days to really clutter up my desktop whilst I'm working on a project and the desktop's the handiest place to stash stuff. I've also usually got 30-40 windows open too.
If I'm busy I don't have the time to de-clutter and get back teh snappy.
totoum
Apr 12, 12:49 PM
I almost never have to convert. All clients I work with require ProRes deliverables, and any tapeless material I get is ProRes. If I capture I use ProRes.
Good for you ;)
Used to be like that for me but on the projects I work on everybody's gone crazy over DSLRs so I'm stuck with converting.
Good for you ;)
Used to be like that for me but on the projects I work on everybody's gone crazy over DSLRs so I'm stuck with converting.
Tomaz
Aug 7, 05:12 PM
Yeah, Apple is definitely copying Microsoft now... it's pretty undeniable. Time Machine is virtually identical to Microsoft's backup system for Vista.
"Previous Docs" from Wikipedia:
...
System Restore, Shadow Copy, and Backup in Vista now run on the same technology (so they are considerably different than the XP versions).
iChat basically got the remote screen sharing feature that Microsoft shipped with XP in 2001...
Mail and iCal got a bunch of features from Outlook 2007 and Windows Live Calendar/Mail.
Dashboard's ability to clip web pages is straight out of Active Desktop.
the Spotlight improvements were things that Indexing Server in XP/2000/2003 already did. ...
Spaces is virtual desktops just like the powertoy MS released years ago
...
Core Animation looks like Apple's response to all the DX and WPF (Avalon) animation tools in Vista.
Bingo !
"Previous Docs" from Wikipedia:
...
System Restore, Shadow Copy, and Backup in Vista now run on the same technology (so they are considerably different than the XP versions).
iChat basically got the remote screen sharing feature that Microsoft shipped with XP in 2001...
Mail and iCal got a bunch of features from Outlook 2007 and Windows Live Calendar/Mail.
Dashboard's ability to clip web pages is straight out of Active Desktop.
the Spotlight improvements were things that Indexing Server in XP/2000/2003 already did. ...
Spaces is virtual desktops just like the powertoy MS released years ago
...
Core Animation looks like Apple's response to all the DX and WPF (Avalon) animation tools in Vista.
Bingo !
theBB
Mar 31, 07:13 PM
If you're going to licence your project as open source, then you do actually have to release the source. I know there's often a delay with commercial products. I suppose the tolerance of the open source community depends on the reason and the amount of time the code is held back.
Well, the rules for GPL say you need to release the source code along with the software and you actually have to offer them through the same channel, so that you cannot make it practically impossible for people to get to the source even if it is theoretically available. Of course, GPL is not the only "open source" license. This is Google's playground, so they get to define it any way they wish.
Well, the rules for GPL say you need to release the source code along with the software and you actually have to offer them through the same channel, so that you cannot make it practically impossible for people to get to the source even if it is theoretically available. Of course, GPL is not the only "open source" license. This is Google's playground, so they get to define it any way they wish.
R.Perez
Apr 27, 03:07 PM
I knew this would just lead to more conspiracy theories. I am no fan of most of what Obama has done (speaking from the left), but this **** is RIDICULOUS!
bigpics
Apr 11, 02:13 PM
If it is going to be a 4g/LTE iPhone then this works for me. I have no complaints with my iPhone 4 so waiting another 4-6 months is fine with me.I don't follow components closely, but I've read the current LTE chipset is none too svelte and power-hungry to boot.
If a delay's about LTE (and giving more time for tower rollout), it could be because Apple's sourcing next gen LTE radio (if one is near), keeping the device "thinner, faster, longer-running," consistent with current evolution and marketing points.
And for the record, neither Sprint's WiMax, T-mob's HSPA+ nor either Verizon's or ATT's LTE 1 come close to meeting the evolving, but existing spec (http://en.wikipedia.org/wiki/4G)for "4G"
If a delay's about LTE (and giving more time for tower rollout), it could be because Apple's sourcing next gen LTE radio (if one is near), keeping the device "thinner, faster, longer-running," consistent with current evolution and marketing points.
And for the record, neither Sprint's WiMax, T-mob's HSPA+ nor either Verizon's or ATT's LTE 1 come close to meeting the evolving, but existing spec (http://en.wikipedia.org/wiki/4G)for "4G"
intlplby
Nov 28, 09:53 PM
i would love if the government changed the royalty law to extend only to the artists and not the record companies.....
i.e. "okay, we'll extend the copyright to 50 years or the life of the artist, but the catch is that only the artists gets the royalties"
i'd love to see the big record companies cut out.....
it's totally possible for artists to get more and for us to pay less.....
i'd include the mastering technician in there too.... they are very important as well
i.e. "okay, we'll extend the copyright to 50 years or the life of the artist, but the catch is that only the artists gets the royalties"
i'd love to see the big record companies cut out.....
it's totally possible for artists to get more and for us to pay less.....
i'd include the mastering technician in there too.... they are very important as well
milo
Jul 27, 02:21 PM
Those aren't next generation version of the Core 2 just MCM (http://en.wikipedia.org/wiki/Multi-Chip_Module) of the existing Core 2.
Still, they are the successors to conroe and woodcrest. As long as they are socket compatible, they're the next generation for these machines, whether you consider them a new chip or not.
Am i the only one that seems to think that WWDC is getting clogged up with TOO many things? I mean sure the more Apple products released/updated the better, but this keynote seems to be taking a lot of emphasis off of Leopard previews (according to the rumors)
It's all just rumor at this point. More than 2 computer announcments would be very unlikely, and the idea that all macs would get updated at once is ridiculous.
Well it's back to the future for all of us. Remember when the Mac was going 64-bit with the introduction of the G5 PowerMac on June 23, 2003? :rolleyes: Only more thanthree years later and we're doing it all over again thanks to Yonah's 7 month retrograde.
The only mac that took a step back was the iMac, and it never took advantage of any of the 64 bit advantages in the first place.
I can't figure out why it wouldn't have a 2nd slot or FW800. They're both cheap enough to add. The only problem is the 2nd slot adds some height, but not that much. This unit would be less than 5" tall. And anyway, how do you backup your CD's?
A second slot is overkill for a midline model. And Apple has obviously made the decision that FW800 is a pro feature only, if it's not in the 15 inch MBP. Not to mention that it's not included in the standard intel chipsets, so adding it is extra work for Apple.
Remember that the G5 is 64 bit. While the consumer apps may not be too directly affected at first, (speed increases, but nothing else), as more memory is required, 32 bit will hit a brick wall at 4GiB, whereas 64 bit can go along happily to 2,305,843,009,200,000,000GiB.
And since the iMacs have never supported more than 2 gigs of ram, how is that a step back by switching them to Yonah?
Still, they are the successors to conroe and woodcrest. As long as they are socket compatible, they're the next generation for these machines, whether you consider them a new chip or not.
Am i the only one that seems to think that WWDC is getting clogged up with TOO many things? I mean sure the more Apple products released/updated the better, but this keynote seems to be taking a lot of emphasis off of Leopard previews (according to the rumors)
It's all just rumor at this point. More than 2 computer announcments would be very unlikely, and the idea that all macs would get updated at once is ridiculous.
Well it's back to the future for all of us. Remember when the Mac was going 64-bit with the introduction of the G5 PowerMac on June 23, 2003? :rolleyes: Only more thanthree years later and we're doing it all over again thanks to Yonah's 7 month retrograde.
The only mac that took a step back was the iMac, and it never took advantage of any of the 64 bit advantages in the first place.
I can't figure out why it wouldn't have a 2nd slot or FW800. They're both cheap enough to add. The only problem is the 2nd slot adds some height, but not that much. This unit would be less than 5" tall. And anyway, how do you backup your CD's?
A second slot is overkill for a midline model. And Apple has obviously made the decision that FW800 is a pro feature only, if it's not in the 15 inch MBP. Not to mention that it's not included in the standard intel chipsets, so adding it is extra work for Apple.
Remember that the G5 is 64 bit. While the consumer apps may not be too directly affected at first, (speed increases, but nothing else), as more memory is required, 32 bit will hit a brick wall at 4GiB, whereas 64 bit can go along happily to 2,305,843,009,200,000,000GiB.
And since the iMacs have never supported more than 2 gigs of ram, how is that a step back by switching them to Yonah?
Zadillo
Aug 25, 08:30 PM
well im certainly annoyed with Apple's support right now. 3 times my Macbook has been in and now they tell me they cant FIX the problem (the only way I can get my macbook to boot up is to zap the PRAM every time). If I had known it was gonna be this much trouble I would have stuck with my pb or bought a Vaio... :mad:
You do know that Sony is known for having some of the worst support among any notebook manufacturer, right? If you're worried about trouble, you should really look for something besides a VAIO.
-Zadillo
You do know that Sony is known for having some of the worst support among any notebook manufacturer, right? If you're worried about trouble, you should really look for something besides a VAIO.
-Zadillo
Pressure
Sep 19, 08:57 AM
So this was a bad time to order a 15.4" MacBook Pro 2.16Ghz, 100GB harddrive, 1GB ram with 256MB VRAM? :p
emotion
Jul 20, 09:03 AM
All these rumors are making it so hard to decide when to get a new computer... my desktop and laptop are both about five years old. Though I don't have an urgent need to get a new ones, something new would surely be nice and useful.
At first I was waiting for a portable with Merom, but now I'm interested in portable with Santa Rosa platform and Merom... and that's not available until March 2007.
So going on the new release dates this might move forward to xmas now?
I'm not helping am I? :)
See normal PC users don't really hold out like Mac users have been used to doing. They just buy if they need a machine.
At first I was waiting for a portable with Merom, but now I'm interested in portable with Santa Rosa platform and Merom... and that's not available until March 2007.
So going on the new release dates this might move forward to xmas now?
I'm not helping am I? :)
See normal PC users don't really hold out like Mac users have been used to doing. They just buy if they need a machine.
Trekkie
Sep 13, 05:42 PM
According to tha Anandtech article its likely that the Clovertown family will be clocked slower then the Woodcrests
clock speed isn't everything. workload dependant of course.
clock speed isn't everything. workload dependant of course.
mkruck
Apr 6, 04:31 PM
Don't hate. I have money and I can spend it however. Maybe I'll buy an ipad and leave it in the bathroom for people to use as they're taking care of business.
Upper Middle Class FTW!
Upper Middle Class FTW!
cal6n
Apr 6, 01:41 PM
...suggests that competitors have yet to launch a tablet product to capture consumers' imaginations...
Some masterful understatement there...
Some masterful understatement there...
depperl
Aug 7, 04:30 PM
if leopard is not enough here's some more new features: Leopard-Server (http://www.apple.com/server/macosx/leopard/)
i think leopard-server is going to have some cool things for the enterprise-market :rolleyes:
i think leopard-server is going to have some cool things for the enterprise-market :rolleyes:
flatlined
Jun 9, 09:46 AM
I have a few quick questions for anybody that works at Radio Shack:
I plan on going into a Radio Shack store on Tuesday to look into Appraising my iPhone. Do I need the Original Box? I have the Accessories and the books that came with my iPhone, but don't have the box.
Also can I just get an Appraisal without having to agree to it? and
Does my phone have to be resorted to factory setting and my info wiped off if I'm just going in for an Appraisal?
If I decide to go along with the Appraisal and Pre Order an iPhone 4 does the store take my iPhone that day? Or do I keep it until I get the iPhone 4?
I was also wondering if it makes any difference in the appraisal if the phone is a Refurbished or not? My Girlfriends is a Refurbished one.
Sorry for all the questions.
Thanks!!!
I plan on going into a Radio Shack store on Tuesday to look into Appraising my iPhone. Do I need the Original Box? I have the Accessories and the books that came with my iPhone, but don't have the box.
Also can I just get an Appraisal without having to agree to it? and
Does my phone have to be resorted to factory setting and my info wiped off if I'm just going in for an Appraisal?
If I decide to go along with the Appraisal and Pre Order an iPhone 4 does the store take my iPhone that day? Or do I keep it until I get the iPhone 4?
I was also wondering if it makes any difference in the appraisal if the phone is a Refurbished or not? My Girlfriends is a Refurbished one.
Sorry for all the questions.
Thanks!!!
gugy
Aug 11, 12:22 PM
Seriously - unlocked phones won't float in the US. The carrier gives huge discounts and most of us don't really care about switching services (a lot people just get all their friends on the same network so all calling is free). I don't care how sweet the iPhone is. I'm not gonna pay 300-400 dollars for a phone when I can get one for 20 or less and stay with the carrier I plan to stay with anyway. Also note that I get a pretty nice company discount with the big guys on my plan and most all of my friends/family are with 1 carrier so it'd really be stupid of me to go with a diff carrier...
I agree with you. Unfortunately the USA cell phone market is sucks.
For me Apple has these options to make the iphone as popular as the ipod.
� offer it to all USA carriers. GSM and CDMA
� offer their own Apple network (hard option, because people would wait to see first if the network is reliable and wait for the end of their current carrier contracts to move to it)
� Make it very affordable to entice people to buy it. Less than $200
I agree with you. Unfortunately the USA cell phone market is sucks.
For me Apple has these options to make the iphone as popular as the ipod.
� offer it to all USA carriers. GSM and CDMA
� offer their own Apple network (hard option, because people would wait to see first if the network is reliable and wait for the end of their current carrier contracts to move to it)
� Make it very affordable to entice people to buy it. Less than $200
epitaphic
Aug 19, 05:57 PM
There's allready en new beta of Adobe's Lightroom, Does that one run native under on the intel machines?
From Adobe's site:
Will Lightroom run on Intel-based Macintoshes?
Yes. The Macintosh version of Adobe Lightroom beta 3 is a Universal application that will run natively both on PowerPC systems and on the new Intel-based Macintoshes.
From Adobe's site:
Will Lightroom run on Intel-based Macintoshes?
Yes. The Macintosh version of Adobe Lightroom beta 3 is a Universal application that will run natively both on PowerPC systems and on the new Intel-based Macintoshes.
CmdrLaForge
Apr 10, 02:10 AM
I am really looking forward to see what Apple has in house for FCP. I will decide then if I stay with Apple or move to Adobe Production Studio. If they go too much in the direction of iMovie I will for sure not like it.
The take over of Supermeet is very nasty and it put the organizers in a very bad position because either way they can only loose. Other companys will think twice in the future if they want to sponsor it and if Apple doesn't have anything new they won't be present.
Apple can easily make there own event, just book that building in SF and invite some journalists or plan in advance!!
The take over of Supermeet is very nasty and it put the organizers in a very bad position because either way they can only loose. Other companys will think twice in the future if they want to sponsor it and if Apple doesn't have anything new they won't be present.
Apple can easily make there own event, just book that building in SF and invite some journalists or plan in advance!!
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