Apple has sued Samsung this week, accusing its rival of “copying” iOS devices when creating its Galaxy line of tablets and phones.
The lawsuit alleges Samsung violates many Apple patents and trademarks relating to design features.
Samsung says it will actively respond to the suit and the accusation that it “blatantly copied” Apple gadgets.
Apple’s suit is over 16 different claims “including unjust enrichment, trademark infringement” and 10 patent claims.
Samsung’s Galaxy Tab and Galaxy S devices have all sold well in the United States, and feature Android software.
Result for: Copying
Christopher Paul Gilham, the UK man convicted in 2008 of installing and selling modified Xbox, PS1, PS2 and GameCube consoles has had his appeal thrown out of court this week.
Gilham sold the modded consoles, which allow users to play back pirated games, from 2003 until 2006. His appeal was based on the issue of “whether the playing of a counterfeit DVD involves substantial copying of a copyright work.”
The court ruled against him: “The various drawings that result in the images shown on the television screen or monitor are themselves artistic works protected by copyright. The images shown on the screen are copies, and substantial copies, of those works. If the game is the well-known Tomb Raider, for example, the screen displays Lara Croft, a recognizable character who has been created by the labor and skill of the original artist.”
In conclusion, the Court ruling added (via GamePolitics): “It is not necessary in future to show that a substantial copy of the game is made in Random Access Memory (RAM), all that needs to be shown is that some copyright work contained within the videogame is substantially copied e.g. the image of a game character.”
Result for: Copying
RealNetworks has appealed the recent court ruling that blocked it from selling its RealDVD copying software.
The company never got to sell one unit of the software before they were taken to court by the media industry, with full backing by the Hollywood studios. Real was served with an injunction in August, banning sales of the software and of an upcoming set-top that incorporates the technology.
U.S. District Court Judge Marilyn Hall Patel ruled at the time that RealDVD circumvents the CSS copyright protection of the discs, thus violating the DMCA.
At the same time, Patel rejected the “Fair Use” argument the company was making, despite Real’s claim that they were simply giving customers the chance to exercise their right to make backup copies of movies they own.
The appeal trial is set to start November 9th and should garner big media attention.
