CalBoy
Apr 26, 03:17 PM
I doubt any legal battle between titans is a simple case, even if it appears so to us laypersons.
Certainly there are going to be minutiae that most of us won't ever learn about (and even fewer will understand), but in this case the trademark dispute is going to invariably depend on whether or not "app" is specific enough to trademark or whether it is generic to the point that trademarking it would deprive consumers and companies of a simple ands valuable labeling device.
"Amazon" is a generic term and should not be used for a store name.
Generic in a legal sense means that the term describes the product or service. For example, "computer" broadly describes any device with a chip, some storage, and an ability to perform calculations or other functions for the user. A person could not trademark "Computer Store" because it would leave other competitors with no way of describing the service they offer.
Amazon is an online retailer; hence "online retailer" cannot be trademarked but "Amazon" can be.
In much the same way "app store" describes what is being sold and how, and any competitor would want to make use of the same basic naming structure in order to clearly inform consumers about what they could expect to find.
The general population never heard the term "App" until Apple released the iPhone.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
This is just not true. App has long been in use since before the 1990s.
Apple is also not the only company to sell software online; many companies had been doing direct downloads for years before iOS came out.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Apple does not actually hold the trademark yet. That is still being decided. They filed their case against Amazon prematurely, hoping to either make Amazon change names or get a leg-up in the trademark hearings (or both).
Certainly there are going to be minutiae that most of us won't ever learn about (and even fewer will understand), but in this case the trademark dispute is going to invariably depend on whether or not "app" is specific enough to trademark or whether it is generic to the point that trademarking it would deprive consumers and companies of a simple ands valuable labeling device.
"Amazon" is a generic term and should not be used for a store name.
Generic in a legal sense means that the term describes the product or service. For example, "computer" broadly describes any device with a chip, some storage, and an ability to perform calculations or other functions for the user. A person could not trademark "Computer Store" because it would leave other competitors with no way of describing the service they offer.
Amazon is an online retailer; hence "online retailer" cannot be trademarked but "Amazon" can be.
In much the same way "app store" describes what is being sold and how, and any competitor would want to make use of the same basic naming structure in order to clearly inform consumers about what they could expect to find.
The general population never heard the term "App" until Apple released the iPhone.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
This is just not true. App has long been in use since before the 1990s.
Apple is also not the only company to sell software online; many companies had been doing direct downloads for years before iOS came out.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Apple does not actually hold the trademark yet. That is still being decided. They filed their case against Amazon prematurely, hoping to either make Amazon change names or get a leg-up in the trademark hearings (or both).
mc68k
Dec 2, 12:29 PM
^ depressing but true. desktop computer hardware taking a back seat to iphones :( sad day
having been to CES, it's about 100x cooler than macworld i must say. it may just be the perfect forum to drum up more business
having been to CES, it's about 100x cooler than macworld i must say. it may just be the perfect forum to drum up more business
thejadedmonkey
Mar 24, 01:32 PM
*Children Screaming in background
Im no snob against AMD GPUS...but their CPU's are nearly 2 generations behind intel. I dont think Bulldozer is going to match the 1155 SB, much less the upcoming 2011 socket chips.
What I want to see is a 27inch iMac with an HD 6970 2GB...Whoa whoa wee wow:eek:
But for something like the MBA, where your options are a C2D or iX CPU, and a GPU that's runs like it's 2+ years old, vs a new GPU and a newish CPU, I'll choose AMD over Intel any day of the week.
Im no snob against AMD GPUS...but their CPU's are nearly 2 generations behind intel. I dont think Bulldozer is going to match the 1155 SB, much less the upcoming 2011 socket chips.
What I want to see is a 27inch iMac with an HD 6970 2GB...Whoa whoa wee wow:eek:
But for something like the MBA, where your options are a C2D or iX CPU, and a GPU that's runs like it's 2+ years old, vs a new GPU and a newish CPU, I'll choose AMD over Intel any day of the week.
econgeek
Apr 12, 08:46 PM
I just finished reading the old thread, only to discover that there was a new story on MacRumors and a new thread... so here's my comments:
For context, I started cutting film back when I had two reels and a viewer in the middle... and I had to hand crank it to preview. Cutting involved a nice razor embedded in plastic and a splice was a fancy piece of tape with sprocket holes in it. I am a software developer and I've long lamented how early editing software has always been based on just replicating the film process electronically.
Then I started to meet the Video People. Video People are much of the industry- the editors for TV news, the editors for TV programs, the wedding photographers. Just about everbody but filmmakers, but also including a lot of the lower end film production support (eg: editing houses.) The Video People have been taught rules of thumb. They are not very technical. They know how it is "supposed" to work because that's what they learned in colllege or at their first jobs. They are all stuck in specific workflows and specific ways of doing things.
They output to tape because they cannot grasp the concept that tape became obsolete a decade ago (and the ones who can grasp it are stuck dealing with others who demand delivery and archive on tape.)
These are the same people who think that iMovie was a joke when it was reworked. I loved it. I was happy to see a tiny, little step forward in working with video. Apple thought just a smidgen different and people went crazy. Sure it had less features than the previous one-- but creativity was so unleashed that the minor hassle of working around those features not being built in was no big deal.
I think Apple is skating to where the puck is. Apple is going to release a Final Cut focused on the direction the industry is heading. If Apple does its job right, the Video People will be screaming their heads off. But the 20 year olds who don't know anything but "want to make movies" (and are more serious than those willing to limit themselves to iMovie) will take it and start cutting the next generation of indie features.
Maybe Apple will provide all the features the Video People are threatening to switch to Avid if they don't get (as if it is some sort of a hostage demand -- "I'm going to post to macrumors forums and threaten to switch to Avid! That will teach them!". I've met many people in many industries but the Video People are the most rigid, the least genuinely understanding of technology and the most fixated on rules of thumb and rigid perspectives about How Things Should Work. Seriously, computer illiterate grease monkies are more flexible and open to new technology, in my experience. The Video People think they are Pros (because hey earn a salary) and therefore, anything that causes them to stretch or adjust or re-think the processes they use is "bad". The idea that something might be more efficient or produce a better quality result seems unfathomable.
If Apple has spent the last several years working on something signficant (which is the implication of the claims Apple has "abandoned their pro products") then the Video People are going to be screaming bloody murder in a couple hours. I look forward to it.
(PS- I didn't call anyone in this thread a Video People. You can choose to take offense if you wish, but I'm talking about people I've met and had to work with in the industry, not posters to this thread whom I do not know personally.)
For context, I started cutting film back when I had two reels and a viewer in the middle... and I had to hand crank it to preview. Cutting involved a nice razor embedded in plastic and a splice was a fancy piece of tape with sprocket holes in it. I am a software developer and I've long lamented how early editing software has always been based on just replicating the film process electronically.
Then I started to meet the Video People. Video People are much of the industry- the editors for TV news, the editors for TV programs, the wedding photographers. Just about everbody but filmmakers, but also including a lot of the lower end film production support (eg: editing houses.) The Video People have been taught rules of thumb. They are not very technical. They know how it is "supposed" to work because that's what they learned in colllege or at their first jobs. They are all stuck in specific workflows and specific ways of doing things.
They output to tape because they cannot grasp the concept that tape became obsolete a decade ago (and the ones who can grasp it are stuck dealing with others who demand delivery and archive on tape.)
These are the same people who think that iMovie was a joke when it was reworked. I loved it. I was happy to see a tiny, little step forward in working with video. Apple thought just a smidgen different and people went crazy. Sure it had less features than the previous one-- but creativity was so unleashed that the minor hassle of working around those features not being built in was no big deal.
I think Apple is skating to where the puck is. Apple is going to release a Final Cut focused on the direction the industry is heading. If Apple does its job right, the Video People will be screaming their heads off. But the 20 year olds who don't know anything but "want to make movies" (and are more serious than those willing to limit themselves to iMovie) will take it and start cutting the next generation of indie features.
Maybe Apple will provide all the features the Video People are threatening to switch to Avid if they don't get (as if it is some sort of a hostage demand -- "I'm going to post to macrumors forums and threaten to switch to Avid! That will teach them!". I've met many people in many industries but the Video People are the most rigid, the least genuinely understanding of technology and the most fixated on rules of thumb and rigid perspectives about How Things Should Work. Seriously, computer illiterate grease monkies are more flexible and open to new technology, in my experience. The Video People think they are Pros (because hey earn a salary) and therefore, anything that causes them to stretch or adjust or re-think the processes they use is "bad". The idea that something might be more efficient or produce a better quality result seems unfathomable.
If Apple has spent the last several years working on something signficant (which is the implication of the claims Apple has "abandoned their pro products") then the Video People are going to be screaming bloody murder in a couple hours. I look forward to it.
(PS- I didn't call anyone in this thread a Video People. You can choose to take offense if you wish, but I'm talking about people I've met and had to work with in the industry, not posters to this thread whom I do not know personally.)
kazmac
Apr 19, 01:31 PM
I'm looking forward to seeing the new iMacs (and eventually Mac Minis).
Computer-wise I'm set for the next 3 years, but it's always nice to see the computers get updated.
Fingers crossed for no screen etc. issues.
Computer-wise I'm set for the next 3 years, but it's always nice to see the computers get updated.
Fingers crossed for no screen etc. issues.
JMax1
Nov 29, 05:20 PM
It's true then; Apple are releasing a toilet with an iPod dock! SWEET!!!! :eek:
I don't know if anyone has told you yet...
http://www.ilounge.com/assets/images/reviews_atech/icarta/1.jpg
http://www.ilounge.com/index.php/mobile/reviews/aft-icarta-stereo-dock-for-ipod-and-bath-tissue-holder/
I don't know if anyone has told you yet...
http://www.ilounge.com/assets/images/reviews_atech/icarta/1.jpg
http://www.ilounge.com/index.php/mobile/reviews/aft-icarta-stereo-dock-for-ipod-and-bath-tissue-holder/
JRM PowerPod
Aug 7, 08:03 AM
Don't taunt him too much, he might kill you once he finds out they are now 64-bit and higher speed!
what about when steve says they have a new case and the 17" has an optional blu-ray drive. and they all have hdmi output. x1800 256/512
he will kill us all
what about when steve says they have a new case and the 17" has an optional blu-ray drive. and they all have hdmi output. x1800 256/512
he will kill us all
Coffee87
Jan 22, 04:01 PM
2006 Lexus GS300
http://img26.imageshack.us/img26/2900/35140383.jpg
2010 Lexus RX450h and my Polaris 850XP
http://img842.imageshack.us/img842/8712/dscn0800w.jpg
http://img26.imageshack.us/img26/2900/35140383.jpg
2010 Lexus RX450h and my Polaris 850XP
http://img842.imageshack.us/img842/8712/dscn0800w.jpg
MagnusVonMagnum
Sep 14, 04:16 PM
Consumer Reports says "we still think the same thing" for the third time and that's first page news? Sounds more like they're fishing for free publicity.
Anyway, when a reviewing organization "doesn't recommend" what I consider the best phone I've ever owned, it sounds more like I shouldn't bother paying attention to that reviewing organization. Their taste just isn't relevant to mine.
My personal opinion is that you and anyone else like you on here that thinks it's NOT a good idea for Consumer Reports to look out for the best interests of the CONSUMER instead of Apple's bottom line doesn't deserve the time of day, in my humble opinion. You seem to believe that Consumer Reports should simply be an automatic blessing to Apple's profits as if they were acting solely on advertising dollars (like a certain magazine called "Stereo Review" used to do all the time) and shouldn't inform their readers of potential problems. All I can say is THANK GOD that YOU don't work for them!!!! :p
Consumer reports gave a fair and HONEST report on the iPhone giving its highest score based on its merits but gave an honest reason WHY they could not recommend it and let the consumer decide for themselves if they want to take the risk. In short, they are doing their job properly.
So I'll reiterate AGAIN that I do not comprehend how someone like yourself could find fault with that line of reasoning other than to admit that you are a Steve Jobs drone. :rolleyes:
Anyway, when a reviewing organization "doesn't recommend" what I consider the best phone I've ever owned, it sounds more like I shouldn't bother paying attention to that reviewing organization. Their taste just isn't relevant to mine.
My personal opinion is that you and anyone else like you on here that thinks it's NOT a good idea for Consumer Reports to look out for the best interests of the CONSUMER instead of Apple's bottom line doesn't deserve the time of day, in my humble opinion. You seem to believe that Consumer Reports should simply be an automatic blessing to Apple's profits as if they were acting solely on advertising dollars (like a certain magazine called "Stereo Review" used to do all the time) and shouldn't inform their readers of potential problems. All I can say is THANK GOD that YOU don't work for them!!!! :p
Consumer reports gave a fair and HONEST report on the iPhone giving its highest score based on its merits but gave an honest reason WHY they could not recommend it and let the consumer decide for themselves if they want to take the risk. In short, they are doing their job properly.
So I'll reiterate AGAIN that I do not comprehend how someone like yourself could find fault with that line of reasoning other than to admit that you are a Steve Jobs drone. :rolleyes:
iJohnHenry
Apr 10, 11:15 AM
I've obviously never tried any of the fancy auto shifting modern cars.
My KIA has selectronic shifting, and it's fun to go "over there", now and then. ;)
My KIA has selectronic shifting, and it's fun to go "over there", now and then. ;)
ChazUK
Apr 26, 01:36 PM
!remember the widgets on your macs they are where the idea for the Apps on Iphones came from, Windows came along and stole the Widgets idea and initially called them Gadgets but now every other copycat calls them Widgets too, the same is happening again man it's bull, apple sue these leeches all of them.
My first experience with widgets was with Konfabulator on OS X 10.3. There may have been other examples before konfabulator but from my memory, Apple didn't invent widgets.
My first experience with widgets was with Konfabulator on OS X 10.3. There may have been other examples before konfabulator but from my memory, Apple didn't invent widgets.
LeeTom
Mar 22, 04:20 PM
Woah. Here's something I haven't seen mentioned -
The 10th Anniversary iPod Touch: a 220gb iPod Touch. It's an iPod touch with the storage of an iPod Classic. Or rather, an iPod Classic with the interface of an iPod Touch.
Discuss.
The 10th Anniversary iPod Touch: a 220gb iPod Touch. It's an iPod touch with the storage of an iPod Classic. Or rather, an iPod Classic with the interface of an iPod Touch.
Discuss.
mjteix
Mar 25, 07:02 PM
Intel's TDPs are not actual power consumed. So yes, the 130 W scenario still kicks.
Correct, the power consumed is less than any of the TDP ratings.
Then why "2x CPUs 130W rated. So thats 260W, right there."?
If the power consumption is less than the TDP, it should be: 2x CPUs 95W rated. So that's 190W max, anyway.
If you want an example of power consumption from a similar computer, go here (http://h18000.www1.hp.com/products/quickspecs/13277_na/13277_na.HTML). The maximum power consumption is 570W for 2x Xeon X5570 (TDP=2x95W), 12GB RAM, FX4800 gpu (TDP=150W), 2x 1TB HDD, ODD, Ethernet, on a 650W 80PLUS� BRONZE PSU.
If you change the gpu for one with a 300W TDP, and if the power consumption is still less than the TDP, then a 800W PSU would do the trick. No?
Correct, the power consumed is less than any of the TDP ratings.
Then why "2x CPUs 130W rated. So thats 260W, right there."?
If the power consumption is less than the TDP, it should be: 2x CPUs 95W rated. So that's 190W max, anyway.
If you want an example of power consumption from a similar computer, go here (http://h18000.www1.hp.com/products/quickspecs/13277_na/13277_na.HTML). The maximum power consumption is 570W for 2x Xeon X5570 (TDP=2x95W), 12GB RAM, FX4800 gpu (TDP=150W), 2x 1TB HDD, ODD, Ethernet, on a 650W 80PLUS� BRONZE PSU.
If you change the gpu for one with a 300W TDP, and if the power consumption is still less than the TDP, then a 800W PSU would do the trick. No?
jamesryanbell
Mar 24, 01:19 PM
That's really, really good news!!
imac_japan
Mar 19, 06:14 AM
WOMBAT indeed!
Look, you don't have to call people names....
I just wanted to state that Apple should go on the Attack !! If it's a wombat then you should go and see Apple's situation outside of America.
In Australia (where Im from), the market is dead ! Most Apple Stores are large and if you ive in the Country - they don't exist. The rest of Asia is like that.
In Japan (where I live), alot of people have an Ipod but NOT a Macintosh...
Apple needs to push the market to get more...
Look, you don't have to call people names....
I just wanted to state that Apple should go on the Attack !! If it's a wombat then you should go and see Apple's situation outside of America.
In Australia (where Im from), the market is dead ! Most Apple Stores are large and if you ive in the Country - they don't exist. The rest of Asia is like that.
In Japan (where I live), alot of people have an Ipod but NOT a Macintosh...
Apple needs to push the market to get more...
Small White Car
Apr 12, 10:17 PM
I thought I heard him say that it was 'shipping' in June, in addition to the App Store. Can anyone else verify this?
Final Cut is.
We were talking about Aperture, the photo program.
Final Cut is.
We were talking about Aperture, the photo program.
azentropy
Sep 15, 09:57 AM
And I would recommend the iPhone 4 to everyone I know, almost all of whom use a case no matter what phone they have.
Let's drop the car analogy, it's causing more trouble than my point is worth. Apple did not fix the issue YET, but they said they would. What would you have them do in the meantime? What would CR have them do? No doubt a product recall which would be silly overkill. Apple's solution is simple, free, and easy.
CR wants them to include a free case in the box at the time of purchase. Isn't that a MORE "simple, free, and easy" solution than what Apple did and are now doing away with? Apple's solution is no longer "simple, free and easy" after Sep. 30th. BTW - it took 7 weeks for me to receive my case.
Let's drop the car analogy, it's causing more trouble than my point is worth. Apple did not fix the issue YET, but they said they would. What would you have them do in the meantime? What would CR have them do? No doubt a product recall which would be silly overkill. Apple's solution is simple, free, and easy.
CR wants them to include a free case in the box at the time of purchase. Isn't that a MORE "simple, free, and easy" solution than what Apple did and are now doing away with? Apple's solution is no longer "simple, free and easy" after Sep. 30th. BTW - it took 7 weeks for me to receive my case.
jav6454
Mar 24, 04:09 PM
What history? Developing crappy integrated graphics?
I missed writing "SMALL performance edge".
My assessment is not based on a small performance edge. It is based on Fusion enabling a whole new set of functionality thanks to OpenCL and DirectX 11 class hardware.
I established my preference BEFORE watching that video. That Sandy Bridge performs so poor in that demo just confirms my choice.
You got it wrong.
Zacate, Brazos and pretty much every Fusion platform does not compete against Sandy Bridge. No...
It competes against Intel's Atom platform. Atom CPU offerings beat the many of the offerings on the AMD side. However, on the GPU side, AMD has got Intel really well.
Anandtech did a nice little article on this. They found the whole Fusion concept and implementation as a whole beats Intel's Atom implementation overall for the HTPC. However, down to specifics, well I just discussed it.
I missed writing "SMALL performance edge".
My assessment is not based on a small performance edge. It is based on Fusion enabling a whole new set of functionality thanks to OpenCL and DirectX 11 class hardware.
I established my preference BEFORE watching that video. That Sandy Bridge performs so poor in that demo just confirms my choice.
You got it wrong.
Zacate, Brazos and pretty much every Fusion platform does not compete against Sandy Bridge. No...
It competes against Intel's Atom platform. Atom CPU offerings beat the many of the offerings on the AMD side. However, on the GPU side, AMD has got Intel really well.
Anandtech did a nice little article on this. They found the whole Fusion concept and implementation as a whole beats Intel's Atom implementation overall for the HTPC. However, down to specifics, well I just discussed it.
Gem�tlichkeit
Nov 23, 02:16 PM
The Logitech v470 mouse :D
Stridder44
Aug 29, 10:47 AM
I don't care about a measly speedbump. Begin to produce the media center already! How hard can it be? Just slap in a TV-card and beef up frontrow. done.
ok, slightly over simplified... But I dont see why Apple procrastinate on this matter. They would sell a bundle by releasing an Apple "media center".
Maybe FrontRow 2 (I believe/assume comes with Leopard) is where this will play in. Maybe instead of making a single device and labeling it a media center Apple will allow for any Mac (any new Mac...) to be used as a media center via FrontRow 2.
ok, slightly over simplified... But I dont see why Apple procrastinate on this matter. They would sell a bundle by releasing an Apple "media center".
Maybe FrontRow 2 (I believe/assume comes with Leopard) is where this will play in. Maybe instead of making a single device and labeling it a media center Apple will allow for any Mac (any new Mac...) to be used as a media center via FrontRow 2.
MicroByte
Sep 14, 08:02 AM
^ cool thanks for the green pics. I like that color. I couldn't find those cases at either of my nearest BB's although online showed in stock.. hmm.
I'm torn now, green looks decent.
I found that my BB had them on a separate end cap shelf and not with the regular iPod Touch or MP3 player cases so you might want to check around.
Still, why couldn't they just have made a simple black case instead of all the colors!?!?
*edit*
For those that own the Belkin case, how are you liking it? Does it offer more grip while holding? I find that the Touch is a little too thin and slippery, it feels like it's going to slide out of my hand at times! Also, how much bulk does the case add? In this case, I actually would prefer some extra bulk!
I'm torn now, green looks decent.
I found that my BB had them on a separate end cap shelf and not with the regular iPod Touch or MP3 player cases so you might want to check around.
Still, why couldn't they just have made a simple black case instead of all the colors!?!?
*edit*
For those that own the Belkin case, how are you liking it? Does it offer more grip while holding? I find that the Touch is a little too thin and slippery, it feels like it's going to slide out of my hand at times! Also, how much bulk does the case add? In this case, I actually would prefer some extra bulk!
Rodimus Prime
Mar 22, 12:14 PM
And their reasoning for picketing has nothing to do with opposition to the war.
I don't think you'll find any anti-war groups protesting at funerals.
I want to say I remember a few anti-war group protest at a funeral but did not make any real national head lines because it was not like the webro group protest.
It was a more tasteful one so to speak saying we have dead soldiers because of the war but was not full of the hate and directly linked to the war.
I am working off memory here but that sort of remember it.
I don't think you'll find any anti-war groups protesting at funerals.
I want to say I remember a few anti-war group protest at a funeral but did not make any real national head lines because it was not like the webro group protest.
It was a more tasteful one so to speak saying we have dead soldiers because of the war but was not full of the hate and directly linked to the war.
I am working off memory here but that sort of remember it.
nioh
Oct 24, 12:57 AM
Here it is! 8 hours early!
60499
you forgot the new and improved hd-screen :D
60499
you forgot the new and improved hd-screen :D
Homy
Jan 3, 09:39 AM
iMac 17" is not in stock anywhere in european Apple Stores and other web shops. Ships after 3 days, it says. In Canada all iMacs ship after 3-5 days.:cool:
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