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While dismissing Apple's lawsuit against Samsung, Judge Birss said the Galaxy tablets “do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool." 

Who do you think is the real winner of the case?
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103 comments
 
When Apple appeals, they'll be appealing that their device is, in fact, less 'cool' than Samsung's. XD 
Crystal M
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Extreme simplicity = dumbed down tablet
 
Lawyers and those of us guilty of using not so "cool" devices like the Galaxy Tab.
Uwe Hauck
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If that means that Samsung will be left alone by Apple in the future then gimme those uncool devices!
 
Judges, although very smart and educated and all, are not great judges as to what is "cool". I think the Galaxy tab has a cooler looking background and widgets style than any Apple device. Although it is just a little more complex then some people care for.
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so that mean that your judgement is in the base of the "which one is the coolest" #smh  
 
microwave oven makers should be careful with their desings, if they make something rectangular without buttons the may be apple's lawers victims.
 
samsung won. Because if apple want to appeal, they have to state what makes the tab as cool as the ipad. So its lose-lose for apple.
Crystal M
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Galaxy tab is way better hands down. Even jailbroken you can't do half the things on an iPad that you can do on a Tab. You don't even have to root the Tab to be able to do cool things on it. Smdh... if a person needs extreme simplicity then they are dumb as rocks.
 
The pliant plastic back of the Galaxy Tab would never get confused with the aluminium of the iPad - so I think it's a valid point - but cool isn't only about the materials. Odd choice of words, really, but the result is great - no ban.

Now if Apple would only fire the lawyers and use the money to hire more people to work on designing new products and, more importantly, increase the salary for the workers in the China factories they would win back some sympathy.

Still wouldn't buy an Apple product though, to me they've harassed me too much with their patent lawsuits and postponing and banning product launches - "if you can't beat them, bomb them" seems to be their mantra...
 
Seems to me like the kind of person that would buy a mini or a convertible beetle because Porsches are not as cool.
 
+Crystal Mills 325 million iOS device owners think differently... *thank god since that's what my apps are designed for ;-)
 
I'm almost positive not all 325 million of those users bought it because of extreme simplicity. Most of them probably bought it because it was what's hot when they bought it. Hype helps a lot.
 
Like anything else, everyone is entitled to their own opinion. In this case, the judges opinions sucks and should have been kept to himself. Either way, it is a loss for Apple and therefore I am happy. Tired of all these ridiculous lawsuits. 

At the end of the day if you feel threatened as a product manufacturer, do not sue to stifle others creativity, simply be more creative yourself. 
 
+Robert MacEwan Oh for the love of God please tell me how and show support of your belief with facts.  

I have owned both phones and aside from them both being "smart phones' the similarities end there.
 
Apple so far has no intention in making headlines about new OS, super UI, but instead they are in it to win it over patent infringement over the next few years.
 
Reminds me of high school. The pretty, "cool" kids are now working burger joints and car washes. The smarter, harder working kids are now running the world.
 
I have to mute this... some real fuckery going on in here. Play with a Galaxy tab then play when an iPad... not the same whatsoever... I have a first gen iPad and I have had multiple Android phones and my ex has a Galaxy. Nothing alike.
 
The judge probably represents a typical consumer. Not very sophisticated in matters of technology and prone to follow the herd in opinion and taste. In the mid 90s, forest green and tan color schemes on convertibles and SUVS were the hot color in automobiles. Before that it was two-tones, gold and silver, for example. These denoted "luxury". In the early 2000s, these deep, rusty metallic reds were the hot color. I just saw a brown car with this deep, rich metallic paint that looked something like a root-beer flavored Tootsie Pop. I'm predicting this color will be the "must have" color for automobiles over the next couple of years. Like all the "luxury colors" that came before it, eventually the popularity will flame out. Too many people will have it, too many brands will copy it. When your neighbor can get a KIA in the same exclusive color as your Porsche, suddenly it doesn't seem so luxurious. 

Apple has consistently been able to hit this mass-consumer appeal sweet-stop in design. They're good at broad appeal. Samsung, Motorola, ASUS, Acer - none of them have been as good at competing for this broad appeal. That is simply the truth.

But remember, Apple launched themselves back into viability by being the "Think different" company. Now, everyone thinks like them. Being into Metallica was "cool", until Metallica becomes so big and mainstream that being into Metallica just isn't cool anymore. Apple is fast approaching that wall.  
 
Well, I guess the lawyers are the winners :) But the judge decision was interesting (and quite correct). I think it is good to have a choice (if it's not a blatant copy), because it's a win-win situation for customers (= better prices and features).

I personaly stick with the iPad 2, thank you very much, but if someone wants something less "cool" (but with bonus option or port), it's their choice. 
 
+Jason Brian Chapa Studies actually have shown that is largely a myth. The good looking, socially connected and adept kids who were popular and active in high school tend to go on to be socially connected and adept successful adults in better paying and more prestigious jobs. The socially awkward misfits and trouble makers and delinquents go on to flip burgers and to change the oil in the luxury automobiles that the cool kids own as adults. 
 
+Robert MacEwan get the facts straight.   iOS is based on Apple's Darwin operating system, while Android is based on Linux.  Both are based in UNIX, but clearly, one is not based on the other.  
 
+Donovan Colbert Yea, but the socially awkward nerds who everyone picked on design the car and everything in it and live in their mansions driving much cooler cars. Sooooooo, his point is still valid, if not simply askew.
 
+Frank Rogers Dammit, you weren't supposed to say anything until he came back with his web links of BS facts. That is when I was going to inform him of the DRASTIC difference between the two.  
 
The same deal as Apple's lawsuit with Microsoft over Windows: the case has some merit, but Apple is done in by their overreaching arguments over what they can claim they should be able to use exclusively.

If there was no Google to make Android, or if Android never became as successful a competitor as it did, and the Apple mobile devices remained as dominant as Windows became, I have no doubts Apple themselves would eventually be subject to an antitrust case and be forced to cede some aspects of their designs for competitors to make copycats. It just would not have been good for the market if Apple got their way in this case.
 
+Gregory Pickering  Yeah... socially awkward nerds are the wild card in lifetime achievement possibilities. A lot of them end up frustrated in help-desk jobs working for bosses that are relative morons though, for every handful that become tech-startup multi-millionaires working for Google or Microsoft or Intel. I think the statistics are that most of that particular class of high-school kid still struggles in their typical career compared to the well-connected popular kids. "It isn't what you know, it is who you know." They don't end up flipping burgers, but they end up less satisfied than Biff, Brad, and Courtney.
 
 
+Christopher Norulak Ohhhh, I thought you were saying that there was an infringement issue. I completely agree that Apple will still find something to cry about. 
 
+Donovan Colbert I partially agree.  While I agree a majority do not go on to be the elite millionaires or tech gurus most are thought of becoming, I do believe a majority to move on to very lucrative and successful careers. Reason I believe it is I know a lot of the nerds from my IB program at my high school. They fit this mold perfectly. And most of the ones I know have moved on to very lucrative careers. Are they big wigs or the head of Fortune500 companies? Nah. But a majority of them are still in very prestigious positions. The ones that are not are because they have no drive to push themselves in the real world.  No drive to go after what they deserve, or at least feel that they deserve. However, I think that lack of drive transcends the stereotype of nerd or cool kid and crosses all types. 
 
+Gregory Pickering +Frank Rogers +Donovan Colbert You'll have to do your own research. I'm not here to babysit newbies in tech history. There is no need for me to spout my 17 years of Internet & Tech. history to make you feel comfortable with my observations. Been busy - sorry I didn't respond sooner.
 
The judge can express his personal opinion on which he likes more... that's fine as long as he makes the right legal decision, which he did in this case.

Besides, widgets, replaceable launchers, no walled garden, choice of app stores, choice of hardware, no fees to start programming, no NDA's to sign to write apps... makes Android far "cooler" from my perspective.
 
+Robert MacEwan Ha ha ha ha... lame. If you knew the history then reciting your knowledge is as simple as typing. Congrats on your fail post.  Tech newbie... right. All hail the all knowing Robert. 
 
+Gregory Pickering I'm guessing your what? retarded? If you want to do your own research head over to your favorite search engine - Bing.com - you'll see from the results they scalp from Google the answers you seek.
 
Well the Judge certainly has an odd way of pointing out how pretentious, shallow, and overly locked down is the iPad.
 
I guess that's something old people do.
 
+Robert MacEwan I see your 17 years and raise you 21 professional with an additional 8 before that (mostly writing apps because cp/m was lacking).

And you're simply wrong.

I hope some day Google.com, Bing.com, or yahoo . come become available where you live so you can fact check before you post.
 
+Donovan Colbert Hell, where do I start with you? You appear fairly bright. Forecasting Windows mobile will outpace  iOS a full 2 years before IDC jumped on your projection. ;-) Problem with this is Nokia getting buttfucked by Microsoft's Windows Phone 8 announcement immediately after they came out with their whizz bang Lumia. Sure, perhaps they'll bump it to 8 after their 7.8 version but still. Probably feel like the OEMs - HP as an example - when MS popped the Surface on them before going live with the press. Maybe I'll tweet one of your articles so you can get a few more followers on Twitter. cheers
 
+Robert MacEwan Oooo, internet history specialist and grammar specialist. Yea, I spelled internet with a lowercase I again.... mostly to screw with you.  And if internet is spelled with a capital I the why does Chrome not automatically correct me?  Why does the all loving Google.com not correct my lowercase i?  

By the way.. for a internet specialist (yea I did it again, internet internet internet) who doesn't have time to post supporting facts to his claim of copyright infringement, you sure have plenty of time to talk shit on here and be an internet (yea... again) tough guy.  

So again... yes dear. 
 
Judge (at the dinner table): So little Jimmy, what do you think about this argument between Apple & Samsung.
Jimmy: I think it's dumb... Everyone knows that if it's not made by Apple, then it's not cool
Judge: Not cool?  Yea I think that will hold up in court...
NEXT DAY.....
Judge: Yea.... so ummm... Sammy you're off the hook cuz you are like... lame and stuff
Apple Attorneys (to each other): I guess we still kinda won?

Moral of the story: Apple somehow patented cool... (and invented the wheel, but that's another story another time)
 
I stabbed someone yesterday in front of his wife. Several times--I wanted to make sure he bled out quickly.

He didn't, and I got arrested. But someone said my shoes were cleaner.

Feels good, bro.
 
+Robert MacEwan "No, he's a dumb fuck for a combination of reasons."

Oh please, once again, explain?  Explain how I ask you to explain your belief with the use of fact and you say that you refuse to so we must all simply believe you and do our own research and I simply call you out on it and therefore I am a dumb fuck. Explain how my usage of a lower case i instead of an upper case I in typing internet explorer (yup, again) makes me a dumb fuck?  

Most importantly, explain how a person who immediately lashes out against others on the internet stating that they simply know more than others because of alleged and unsupported facts of experience and utilizes bad language and becomes derogatory towards others he doesn't know anything about is not the dumb fuck?  

To me and just about everyone else my friend, you are the dumb fuck. You are the one who refuses to simply state why your opinion is valid and instead insists on calling others names and be a foul mouthed little punk.  

So once more.... internet, internet, internet, internet, internet, internet, internet, internet, internet, internet! 
 
+Jeffrey Hamby Go lock down your site instead injecting yourself in this conversation as your opinion matters little.
 
Apple just trying to stifle the competition. Only the consumer will suffer. Sue everyone that makes something better! Give me a break.
 
Sorry, I didn't realize this public thread was in fact a private conversation.

And feel free to cracked security on my Site. That's what you're implying right?
 
+Gregory Pickering ;-) You are sorta getting funny by now. The "internet, internet, internet..." was a nice touch. Look I've been closely following this industries news since 1994 or '95. My opinions are based on almost two decades of news & commentary. Now don't get me wrong. I don't doubt the superhero status is unfounded. No doubt you've earned dubstep motivational greatness.
 
+Jeffrey Hamby just saying you probably have more important things to work on than a fireman getting 'net 101 lessons ;-)
 
+Robert MacEwan  I liked all the internet's too.  They were fun.  

I also must apologize, apparently my "dumb fuckedness" is interfering with my comprehension.  But I am not following the superhero and dubstep references.

I am assuming that it is your attempt at a dig at me since I make a superhero reference due to being a firefighter and law enforcement officer.  And the dubstep motivation reference being because of my Youtube channel playlists.  

Yet, I seriously hope you have come to the table with more than that.  I mean honestly.... you couldn't POSSIBLY be that desperate at trying to one up me by thinking that qualifies? Could you? 

I assure you, as a law enforcement officer you would not win in the background check war between the two of us.  
 
+Robert MacEwan I'd like to know how/why YOU believe that Android "copied" iOS. Care to explain by listing any/all of the item(s) they allegedly copied?
 
+Ernest Medina there's nothing wrong with being rich or making money. It's the path you take to get there that determines whether or not you are a person with honor and integrity...
 
+Gregory Pickering Hey. Sorry about the late reply. I went to grab a bite. Two thumbs up for attempting to threaten me with a background check. Since I would hate to see you fired or thrown in jail it's probably a good idea you use your better judgement. ;-)
 
+Gregory Pickering I've made a great living as a nerd in my adult life - but I was actually a trouble-making misfit during high school - so I get it. If you've got the aptitude for technology, it can overcome a lot of the obstacles caused by a lack of social grace. :) 
 
A wise man told me don't argue with fools cause people from a distance can tell who is who
 
Am I the only one who also thinks the iPad is way better or "cooler". I mean Samsung Tabs are overpriced and really suck. I love android but in terms of tablets Samsung has a long way to go. Maybe if the judge was talking about a Transformer Pad Infinity I would really say he's damn crazy.
 
+Donovan Colbert As a fellow geek you understand how folks with Aspergers pretty much suck with socializing. Guess I do come off strong with opinions at times.
 
+Robert MacEwan Yea, because doing background checks on people are apparently illegal for law enforcement officers. Moron.  By the way, wasn't a threat just an attempt to show how trivial you have become. So once more... yes dear.  
 
+Donovan Colbert Very much agree. I hate to say but I was the trouble maker in school too. Football and baseball were all I concerned myself with. I apparently thought high school was for fun, not learning.  Glad I straightened myself out and got my degree while in the military.  Otherwise, I might be flipping burgers like you said.  ;-)

And with that, I mute the post.  Too much dribble that is way off topic.  
 
+Robert MacEwan you've misunderstood my one word question which is understandable. So here's the full question

What does his profession have to do with the fact that he's a better analyst than you?
 
Would love to continue but I'm tied up with #AirWings at the moment. We can continue on Twitter later if you like.
 
The judge is right…Apple should stick to innovating and leading the pack instead of following what's behind it. 
 
'Isn't as cool'?  Next this guy is going to tell us bell bottoms are out of style...
 
+Robert MacEwan cursing and calling people names on Internet. Is about as healthy as insane person promising he is same. You have stated you do not have the time to show research, yet you have enough time to spout obscenities at people. GmbH, good use of your vast intelligence.
 
But cool enough for the 99%er's n much cheaper too...so thanks
 
Interesting comment by this Judge
 
This judge should not make such comments, he's not an Apple's representative... In this case he should also say that BMW or Mercedes are more robust cars than Chevrolet or Ford cars, that Coca-Cola is better than Pepsi and so on... It's clear that most of current design claims from Apple and others could lead to a subjective judgments  but subjective judgment should not be mixed with personal opinion (I think he never tried a Samsung Galaxy Tab and he may have 1 or 2 iPads at home)... Once again, Apple's did a good job and even if the lawsuit was dissmissed they seems to get a part of the cake... Score: Marketing 1 vs. Innovation 0
The other thing that this comment could leads to is that WHEN Samsung will come with a design as simple as Apple (with similar popularity in tablets) AND EVEN if it's not the same design they may be sentenced because they became "Cool"
 
thats really make me laugh !!
 
Judges r fool. dey said apple hv simplicity nd dat boring ios cn never be cool. I dnt want to carry dat heavy butt apple. I like dat lyt weight slim nd android freedom of galaxy tab
 
The point has already been made in other comments, but

- a judge's injunction has binding legal value;

- a judge's opinion on what's cool does not have any value, and might have been ironic after all.

In other words, the first restricts our personal choices, the second does not.
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