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).
leekohler
Mar 24, 01:01 PM
Oh FFS!!! :rolleyes:
How many times more are we going to have to argue this?
It is not a choice.
I no more chose to be gay than you chose to be straight.
Christ! Sometimes this forum reminds me of a Whack the Mole game� hit one on the head and another pops up.
Same stuff over and over�
And people wonder why I get frustrated and end up telling people off. That kind of BS gets old. I've been fighting that kind of ignorance for over 25 years now- others even longer. It gets very tiring, but we still can't stop fighting it.
How many times more are we going to have to argue this?
It is not a choice.
I no more chose to be gay than you chose to be straight.
Christ! Sometimes this forum reminds me of a Whack the Mole game� hit one on the head and another pops up.
Same stuff over and over�
And people wonder why I get frustrated and end up telling people off. That kind of BS gets old. I've been fighting that kind of ignorance for over 25 years now- others even longer. It gets very tiring, but we still can't stop fighting it.
lorien
Nov 29, 05:15 PM
Where else can they go? The brain, I guess?
Oh, and one more thing...
Ever get tired of listening to music? Well no more sore ears or tangled headphones....
Introducing the iThink. Join the Apple cybernetic collective today. Leave your troublesome Microsoft existence and join us in a world that just works!
Starting at just $ 999
Peace of mind.... forever
<scrolling text reads "Implants sold separately">:p
Oh, and one more thing...
Ever get tired of listening to music? Well no more sore ears or tangled headphones....
Introducing the iThink. Join the Apple cybernetic collective today. Leave your troublesome Microsoft existence and join us in a world that just works!
Starting at just $ 999
Peace of mind.... forever
<scrolling text reads "Implants sold separately">:p
skunk
Apr 10, 06:12 PM
Yes, but I choose to drive an automatic as most of my driving is in town.
aiqw9182
Mar 24, 02:50 PM
OpenCL are COMPUTE tasks. If you can't do them on the GPU, you would need a HUGELY powerful CPU. That's why having true OpenCL means you have a better "CPU".
In one or two months after Bobcat Fusion was introduced there are already 50 Fusion-oriented Windows apps.
I'm not taking about DirectX 11 concerning games, but concerning OpenCL.
OpenCL /DirectCompute are COMPUTE tasks that hardly anything currently supports(both of which support hardware before DX11, completely eradicating the point of even bringing that up in the first place). You do not have a better CPU. In theory and vaporware tests you could outperform Sandy Bridge by itself. But Sandy Bridge with a discrete GPU will smoke Llano with a discrete GPU any day of the week.
In one or two months after Bobcat Fusion was introduced there are already 50 Fusion-oriented Windows apps.
I'm not taking about DirectX 11 concerning games, but concerning OpenCL.
OpenCL /DirectCompute are COMPUTE tasks that hardly anything currently supports(both of which support hardware before DX11, completely eradicating the point of even bringing that up in the first place). You do not have a better CPU. In theory and vaporware tests you could outperform Sandy Bridge by itself. But Sandy Bridge with a discrete GPU will smoke Llano with a discrete GPU any day of the week.
Full of Win
Apr 12, 08:57 PM
I thought the new iMovie was genius. I knew SO many family members who wouldn't touch the old iMovie because it was too complicated. They needed something simpler and the new iMovie gave it to them.
I really think the only people who complained about the new iMovie were people who should have been using Final Cut Express all along anyway. It's not Apple's fault that they weren't using the right program before.
It's always the users fault. :rolleyes:
I really think the only people who complained about the new iMovie were people who should have been using Final Cut Express all along anyway. It's not Apple's fault that they weren't using the right program before.
It's always the users fault. :rolleyes:
dmw007
Nov 15, 08:24 AM
Next Tuesday...
Oh good! :D
***gets credit card ready***
well, OSX whooped xp for multicore usage then
I enjoyed that benchmark result as well. :D :)
Oh good! :D
***gets credit card ready***
well, OSX whooped xp for multicore usage then
I enjoyed that benchmark result as well. :D :)
iSee
Sep 1, 01:17 PM
not gonna happen
Well, I guess this could be part of a special media event, but it wouldn't be the reason they held a special media event.
Now, a Media Center Mac... that would be a reason to hold an event :D. Although that's just wishful thinking on my part...
Well, I guess this could be part of a special media event, but it wouldn't be the reason they held a special media event.
Now, a Media Center Mac... that would be a reason to hold an event :D. Although that's just wishful thinking on my part...
shecky
Oct 23, 10:53 AM
What I would like to see them add is eSATA support but I bet they dont.
agreed, and agreed.
agreed, and agreed.
Tmelon
Apr 1, 04:21 PM
So I guess we won’t see any new features… Apple is busy polishing what we’ve got now…:/
Basically. Now they just need to polish what they gave us. It's honestly a lot though. I wouldn't feel ripped off for them charging money for it.
Almost all of the Applications have been enhanced, autosave, Launchpad, Mission Control, Versions, resume, Multitouch gestures, full screen apps and the Mac App Store.
Basically. Now they just need to polish what they gave us. It's honestly a lot though. I wouldn't feel ripped off for them charging money for it.
Almost all of the Applications have been enhanced, autosave, Launchpad, Mission Control, Versions, resume, Multitouch gestures, full screen apps and the Mac App Store.
brepublican
Aug 7, 07:58 AM
When apple releases new products are they normally ready to ship that day? Hopefully they won't need to charge my card right away until they ship it at a later date...I have no money but am still gonna buy a new expensive mac pro.... :confused:
:eek:
I have no money either. Thats why I'm just going to watch, get goose bumps and feel all warm and fuzzy inside :D
:eek:
I have no money either. Thats why I'm just going to watch, get goose bumps and feel all warm and fuzzy inside :D
JGruber
May 2, 04:54 PM
Thanks for the heads up. I've been using App Zapper, which is seems is basically the same thing. But I keep downloading the trial :) A free solution is nice.
I've been using this - AppCleaner (http://www.freemacsoft.net/)
I've been using this - AppCleaner (http://www.freemacsoft.net/)
JFreak
Jul 14, 07:43 AM
As to just web-surfing.... In the time of few years my internet-connection has moved from 512KB to 8MB. I could go to 12 or 24MB right now. The speed-increase has been FAST.
I bet your uplink is still 512k and you could perhaps upgrade to 1M, but that's it. Not very fast compared to B-spec ;) I would value a symmetric 2M/2M line more than asymmetric 12M/1M, but maybe that's just me.
I bet your uplink is still 512k and you could perhaps upgrade to 1M, but that's it. Not very fast compared to B-spec ;) I would value a symmetric 2M/2M line more than asymmetric 12M/1M, but maybe that's just me.
shawnce
Jul 19, 08:19 PM
The article posted:
- Desktops: 614,000, down 14% from previous quarter
- Portables: 498,000, up 60% from previous quarter
I belive these numbers are for last quarter (note they don't add to 1.3M macs). They should post a correction.
Yup... the correct numbers can be found in this PDF (http://images.apple.com/pr/pdf/q306data_sum.pdf) ... they should be 529,000 and 798,000 respectively.
- Desktops: 614,000, down 14% from previous quarter
- Portables: 498,000, up 60% from previous quarter
I belive these numbers are for last quarter (note they don't add to 1.3M macs). They should post a correction.
Yup... the correct numbers can be found in this PDF (http://images.apple.com/pr/pdf/q306data_sum.pdf) ... they should be 529,000 and 798,000 respectively.
liketom
Jul 19, 03:43 PM
i get the feelling i helped ... yet again with a few of them macs and pods:D
great results
great results
.jpg "selena gomez 4 years old")
twoodcc
Feb 8, 03:42 AM
congrats to lyzardking for 6 million points!
ergle2
Aug 27, 07:55 PM
I was under the impression when the Core 2 Duos were released, but I hope very soon because they are a measurable improvement over the GMA950 which isn't as bad as everyone make it out to be.
The benchmarks I've seen suggest that it's in fact slower.
Take a look at http://www.pconline.com.cn/market/sh/shoppingguide/changshang/0608/844892.html
The Inquirer - I know, that bastion of rumor-mongering and unfounded allegation - has been reporting that OEMs are saying "it sucks".
Maybe this will be sorted out in later steppings, but these were awfully recent revsions...
The benchmarks I've seen suggest that it's in fact slower.
Take a look at http://www.pconline.com.cn/market/sh/shoppingguide/changshang/0608/844892.html
The Inquirer - I know, that bastion of rumor-mongering and unfounded allegation - has been reporting that OEMs are saying "it sucks".
Maybe this will be sorted out in later steppings, but these were awfully recent revsions...
PaperQueen
Sep 20, 08:12 PM
I have no idea haha.
I was also looking at some 3g Leather Cases (those are my favorite style) is there any reason they wouldn't work with my 4g? For example, this one looks good:
http://www.amazon.com/DLO-HipCase-Leather-Folio-touch/dp/B000WOIFO2
but would my 4g fit in there?
The new iPod touch is more thinner and narrow compared to the 3rd gen. It's just gonna wobble around the cases if you did that.
Unless my memory is off, things don�t line up correctly. I considered a couple of 3G cases as a temporary fix (until something irresistible comes out) while at the Apple Store. Everything I liked either made getting to the volume/power buttons challenging or they covered up something critical. Can�t recall in great detail, since each was such an obvious no-go the moment I slipped the 4G in.
I was also looking at some 3g Leather Cases (those are my favorite style) is there any reason they wouldn't work with my 4g? For example, this one looks good:
http://www.amazon.com/DLO-HipCase-Leather-Folio-touch/dp/B000WOIFO2
but would my 4g fit in there?
The new iPod touch is more thinner and narrow compared to the 3rd gen. It's just gonna wobble around the cases if you did that.
Unless my memory is off, things don�t line up correctly. I considered a couple of 3G cases as a temporary fix (until something irresistible comes out) while at the Apple Store. Everything I liked either made getting to the volume/power buttons challenging or they covered up something critical. Can�t recall in great detail, since each was such an obvious no-go the moment I slipped the 4G in.
nick9191
Mar 22, 12:50 PM
a country (United States) founded on Christianity.
Where you lost all credibility.
Where you lost all credibility.
A.Fairhead
Jul 18, 04:11 AM
I hope the rental thing is true--I don't want to own. I'm not with Steve Jobs on this one (assuming the rumors are true that he opposes rentals).
Owning music downloads fits my habits/needs. Owning movie downloads does NOT. The vast majority of movies I watch I never see again. And I don't want to store big movie files long-term. And I don't want to pay a higher price! Lower the price and make it short-term. I like that better.
For the few movies/shows I'd want to own, I want the discs (Blu-Ray preferred :) ) and the ability to take them to a friends' house.
Also, if it's a rental model, I can be more forgiving on quality. They'd have to be better than iPod 320x240 (except, obviously, when played ON an iPod), but if they're a little bit short of DVD quality, I'd still be bored enough to seek instant gratification and rent some. The price would have to be right, of course. Netflix rentals cost about $2.50 each on my plan. For slightly-sub-DVD quality and near-instant delivery, I'd pay maybe $2. For FULL DVD quality I'd certainly be willing to match Netlflix's price, or even pay a little more (for iTunes convenience/speed).
I agree; I watch movies a lot more than I buy movies. When I go to the cinema, I pay to watch the film, not to own it. Most people do this - owning films is something of an impulse post-viewing, in my experience. If iTMS can provide a rental service, that's great. If they end up providing purchases too, then, that's great too. Apple will be able to target 'viewing' markets as well as 'purchase' markets, if the difference is easy enough to see there.
I guess my thoughts are to not rule out rentals - I'm sure many of you work with films like I've just described :p
Owning music downloads fits my habits/needs. Owning movie downloads does NOT. The vast majority of movies I watch I never see again. And I don't want to store big movie files long-term. And I don't want to pay a higher price! Lower the price and make it short-term. I like that better.
For the few movies/shows I'd want to own, I want the discs (Blu-Ray preferred :) ) and the ability to take them to a friends' house.
Also, if it's a rental model, I can be more forgiving on quality. They'd have to be better than iPod 320x240 (except, obviously, when played ON an iPod), but if they're a little bit short of DVD quality, I'd still be bored enough to seek instant gratification and rent some. The price would have to be right, of course. Netflix rentals cost about $2.50 each on my plan. For slightly-sub-DVD quality and near-instant delivery, I'd pay maybe $2. For FULL DVD quality I'd certainly be willing to match Netlflix's price, or even pay a little more (for iTunes convenience/speed).
I agree; I watch movies a lot more than I buy movies. When I go to the cinema, I pay to watch the film, not to own it. Most people do this - owning films is something of an impulse post-viewing, in my experience. If iTMS can provide a rental service, that's great. If they end up providing purchases too, then, that's great too. Apple will be able to target 'viewing' markets as well as 'purchase' markets, if the difference is easy enough to see there.
I guess my thoughts are to not rule out rentals - I'm sure many of you work with films like I've just described :p
quagmire
Feb 22, 09:35 PM
The vexing part of that is that the cost is largely artificial - i.e. taxes. Popular pickups like the Ford F-250 have been available in a diesel for years, and because they are trucks they are allowed to use diesel engines that are far more polluting and sooty than they need to be, and are tuned for torque rather than economy - meanwhile Volkswagen has to jump through flaming hoops in order to certify a diesel in its passenger cars, meeting stringent emmissions standards. And yet how many huge displacement V6/V8 diesel trucks are sold in the US each year vs diesel VWs? It's all about arbitrary regulatory nonsense.
That has changed. The Cummins, Powerstroke, and Duramax now have to meet the stringent emissions regulations. Why do you think they cost $8K now compared to the $3-4K before the new emission laws?
That has changed. The Cummins, Powerstroke, and Duramax now have to meet the stringent emissions regulations. Why do you think they cost $8K now compared to the $3-4K before the new emission laws?
elmo151
Sep 18, 10:38 AM
CR often solves the wrong problems. Its rarely disclosed criteria are often off the mark.
did they compare the iPhone to the competition?
did they compare the iPhone to the competition?
MusicMacPro
Aug 6, 10:54 PM
Notice in the banner picture how the PowerMac G5 Tower is showing only it's side?!
Anyone think it's maybe actually a MacPro's side...therefore they wouldn't show its front or back (dual optical drives, reconfigured back)?
Anyone think it's maybe actually a MacPro's side...therefore they wouldn't show its front or back (dual optical drives, reconfigured back)?
a104375
May 2, 04:41 PM
The bigger question is, should Apple dumb OS X Lion down to allow the iOS people to have an easier transition, just seems like it undermines the quality of the product especially for the people who already know and like OS X SL the way it is.
Perhaps when you first start up the computer they can have a "Do you want iOS mode or Fanboy mode?"
Perhaps when you first start up the computer they can have a "Do you want iOS mode or Fanboy mode?"