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Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by coliveira on Tuesday August 28, 2012 @10:26AM (#4443794)
There is a big difference between dreaming about something and actually doing it. For example, everyone knew what a flying machine was, centuries before it was invented. Clearly this doesn't mean that creating that machine was actually obvious. With computing it is similar, there are lots of "inventions" dreamed about by science fiction writers that are simply not possible today. When such innovations become possible, they will need to be protected.
Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by jxcole on Tuesday August 28, 2012 @11:23AM (#4444128)
And yet the wright brothers were not granted a patent on "things that fly". They were granted patents on some specific machines they invented that could fly. But the patents were about the mechanical machines themselves. If someone else had come along and invented a totally different means of flying (like a helicopter) they would not have been infringing on their patents. This is a patent on "things that fly".
Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by gnaffle on Tuesday August 28, 2012 @02:26PM (#4445111)
Apples patents are clearly not patents on "smartphones with a rectangular touchscreen and no external UI buttons", but they cover many inventions that make such a phone usable.

Likewise, apart from a totally different kind of flying machine like a helicopter, there probably isn't any better method of controlling an airplane than the method covered by Wrights patents (since it specifically does not exclude non-wing warping control designs), which is why the basic mode of control is still in use today. So Wrights patents at the time might as well be called a patents on "things that fly". It was very difficult to make a controllable plane without violating the patent.

Likewise, unless you equip a phone with dedicated zoom controls, there probably isn't a better or more intuitive way of zooming than using pinch-to-zoom or double tapping.

Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by dllthomas on Tuesday August 28, 2012 @02:39PM (#4445169)
> Apples patents are clearly not patents on "smartphones with a rectangular touchscreen and no external UI buttons", but they cover many inventions that make such a phone usable.

Actually, per my understanding, Apple's design patents are exactly that (if you throw in beveled corners). It's true, though, that those aren't the patents at issue in this thread.

Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by gnaffle on Tuesday August 28, 2012 @02:46PM (#4445215)
Yes, but design patents are a different animal, and AFAIK much easier to work around. So if they changed just one aspect of the design (making it less likely to be confused), Apple would have a harder time enforcing it.
Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by r00fus on Tuesday August 28, 2012 @04:20PM (#4445693)
Lots of devices do not infringe on Apple's iPhone trade dress (ie, design patents). Devices that sell millions of units a quarter.
Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by mcantelon on Tuesday August 28, 2012 @11:41AM (#4444241)
>When such innovations become possible, they will need to be protected.

The underlying implementation details should be protected, sure, but not the idea itself. Just because you're the first to successfully make a flying machine doesn't mean someone competing with you, implementing it in a different underlying way, shouldn't be able to make a flying machine.

Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by malandrew on Tuesday August 28, 2012 @11:22AM (#4444122)
Under that argument shouldn't the patents apply to the capacitive touch surfaces and not the gestures?

"Method for transportation by flying vehicle" is very different from "Construction method of flux capacitor that provides enough energy to power flying vehicles". The first is obvious and there is prior art even if people could not build it. The concepts of pinch-to-zoom or slide-to-unlock are obvious to even people without Phds in touch surface technologies.

Anything intuitive by definition should not be patentable.

Re:Apple's New Pinch-To-Zoom Monopoly is Bad News by marksf on Wednesday August 29, 2012 @07:14PM (#4451981)
A multi-touch screen, like a design for an airplane should be patentable. It actually takes serious R&D and discovers things that were not understood before. Obvious things you can do with multi-touch screen or airplane should not be patenable. Any programmer that had a multi-touch screen to play with would come up with pinch to zoom. Allowing pinch to zoom to be patented is like patenting aerial photography, an obvious use of an airplane.