The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

http://www.androidpolice.com/2012/05/04/the-samsung-galaxy-s-iii-the-first-smartphone-designed-entirely-by-lawyers/

by barredo • 14 years ago

330 124 14 years ago

Xuzz4• 14 years ago

The community design is an "and", not an "or". The Galaxy Tab model which had issues with this in Germany, if you look at it, has all, not just one, of those characteristics. The "Apple thinks it owns the rectangle" meme is nice, but untrue.

Nilay Patel, in the Verge article linked by Android Community:

Now, some of these are a little ridiculous when taken individually — is Apple going to sue every digital photo frame maker that puts equal size black borders around the screen as well? — but in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying.

(Edit: is this wrong? If not, why downvote?)

eddington• 14 years ago

You're correct, but the article makes exactly the same point as you. There's no reason to correct it.

stephengillie• 14 years ago

but in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying.

How can consumers be confused about what they're buying? Even if their software appears similar, one device has a large Apple logo on the back and is sold almost entirely through a different retail chain.

oskarth• 14 years ago

You'd be surprised what consumers can mistake a product for. In many people's eyes, iPhone == smartphone. It'd be a relatively simple mistake to make if you are a elderly non-techie.

taligent3• 14 years ago

Because when you are a retail store you are only looking at the front of a device not the back. In some stores they actually have the tablets fixed to the table.

Also outside of the US (and pretty sure in the US as well) the same retail chains will sell all types of tablets including iPads.

macrael• 14 years ago

For what it's worth, the "different retail chain" isn't as different as you might think. Apple only sells 15% of all iPhones in the US directly. Most of them are bought through cell providers and Best Buy.

http://allthingsd.com/20120323/best-buy-is-selling-nearly-as...

Tobu4• 14 years ago

Protecting customers from misrepresentation – unknowingly being sold something that does not match the logo stamped on it: fine; protecting a megacorp from its competitors selling something with similar design, but a different brand name: customers lose.

Xuzz4• 14 years ago

That's a reasonable opinion, but it's not how that type of intellectual property works. Again, Nilay Patel (a lawyer, fwiw) at The Verge:

Trade dress is the wonky red-headed step-cousin of the family that fills the gaps between the three; you might think of it as a trademark on design elements that trigger consumer recognition. [...] Apple's claim is that the iPhone's box and design scream "Apple" to consumers just as strongly as the word "iPhone."

karlshea2• 14 years ago

You'd be right, but it wasn't "similar" design. They weren't sued because it was a black rectangle.

This is closer to flipping the Pepsi logo upside-down and selling cola, then bitching about how unfair the patent and trademark system is.

greggman• 14 years ago

because the JooJoo was announced BEFORE THE iPad http://en.wikipedia.org/wiki/JooJoo

That combination of features is not unique.

Xuzz4• 14 years ago

Many of the features listed apply, but certainly not all of them. Again, it is an "and" relationship: Apple claims ownership on all of those features combined. Here's a JooJoo's home screen: http://www9.pcmag.com/media/images/224043-joojoo-home-screen...

The JooJoo does not include three of these items: the "square icons" on the home screen, the dock of, again, "square icons", and the "metallic surround framing the perimeter of the top surface". Thus, this doesn't apply (at all) to the JooJoo.

On the other hand, the original Galaxy S phone did seem to apply to each one on the list: http://cdn3.sbnation.com/imported_assets/844649/2011-04-19ap... — metallic border, check; rounded square icons, check; dock of round squares, check; rounded rectangle shape, check; equal sides of black borders, check; dominated by screen, check.

wavephorm• 14 years ago

The average human being is a complete imbecile. When they see any rectangular device that can make sounds and records sounds, they truly believe it is an iPhone. They're all like "whoa is that the new Iphone?". Really, regular people are complete idiots.

diminish• 14 years ago

Calling people imbecile is not much correct when it comes to behavior towards branded objects, remember your early teenage times. In this case people mostly care for a brand, and I believe, the logo is what matters the most, not resemblance. Mobile devices are closer to the realm of fashion mainly because when you are outside, when you hold it, and when you put it on a table you want people to see the logo. Au contraire, desktops are usually at home or workplace or even hidden beneath your table, and they are less of a fashion object.

A good example for mobile devices would be the jeans, bags, sun glasses etc. Where resemblance to fashionable brand matters however the logo or tag matters the most.

All that said, I am fine with my Rasberry PI and Linux.

philf• 14 years ago

Calling them imbecile is a bit drastic but I've also seen ordinary people call any kind of smartphone an iPhone because they have no clue about this stuff. Same for MP3 players, which they call iPods. May be like calling any kind of vacuum cleaner a hoover.

epo2• 14 years ago

Unlike you, who is prone to hysterical generalisations. Perhaps you ought to step outside and meet some other human beings rather than just looking at them on computer screens.

jessriedel2• 14 years ago

>in the end, the main question for the court will be whether or not Samsung has used all of these elements in a way that's likely to confuse consumers about what they're buying.

I don't believe design patents hinge on whether the consumer would be confused; that's for trademarks. Design patents are for protecting the aesthetic idea, just like regular patents are for protecting a technological idea.

ghancock• 14 years ago

The article talks about both trade dress and design patents. That said a court's decision about design patents can involve whether a consumer would be confused. There's a short article that talks about the legal rules for design patent infringement at http://www.designpatentschool.com/assets/Oake_SEPT11%20V2.pd....

heliodor• 14 years ago

I'd have to disagree about it being an ugly design. What was ugly was the hack of putting squares around every icon, when those icons were designed to live on their own, not in a square. That's what was ugly. I'm happy to see the squares gone and the design conform to the standard Android design guidelines. The dock of icons going away is also good. If I'm looking in the applications list it's because I'm looking for something that wasn't on the home screens, so why show me part of the home screen? Makes no sense.

I'm neutral on the lack of four-way symmetry and I'd have to agree that the avoidance of black is sad, though light-colored phones look great too (as Apple itself shows).

mahyarm• 14 years ago

Insisting on four way symmetry is like insisting the status bar and a tab bar are the same height.

usaar333• 14 years ago

Agreed. Heck a lot of the design decisions are just regular Android (no square outline, dock disappears when drawer opens, etc)

andrewflnr• 14 years ago

I would actually kind of like a nice charcoal grey for my phone.

lloeki• 14 years ago

Indeed, and actually, I like it (and I'm not one prone to like Android handset design). Especially in that shot with the three generations side by side. The first two mimic an iPhone 3G and an iPhone 4, and it shows, while the SIII really stands on its own (that's coming from someone who downright LOVES the iPhone 4 design). I wish they would have let go the metal on the side and went for a bit straighter lines on the long sides to make it feel more balanced, but really, it's fine.

MBCook• 14 years ago

I agree. I'm and iPhone user and I don't think the S3 looks bad at all. It actually looks kind of nice. More importantly it's distinct. It doesn't look like a fake iPhone.

Now I've never touched one.aybe in hand all that tapering feels weird. But it seems like a large improvement over the "pretend I'm an iPhone" look of the previous models.

tikhonj• 14 years ago

Maybe it was designed by lawyers, but looking at the pictures, I actually like the shape and general look of the hardware. The software doesn't look as nice, especially the app menu with garish blue background, but the beauty of Android is that I can make it look however I like.

So it may have been designed by lawyers, but it isn't the worse off for it.

jonhohle• 14 years ago

I kind of agree. While I wouldn't purchase this particular phone, seeing how they were forced into certain non-Apple design decisions is refreshing.

SoftwareMaven• 14 years ago

I completely agree. In fact, I like it much more than the previous versions that were trying way too hard to look like an iPhone. If I want to buy an iPhone, I will choose to buy one. Whether Samsung was trying to confuse customers or not (I wasn't there, so I can't say), I think they will be better off forging their own style (even if they are being forced to).

stordoff• 14 years ago

Deliberate or not, their previous designs were basically carbon copies of the iPhone (My Galaxy Ace currently has an iPhone case on it...). The small changes made here at least make the phone different, and personally I think it looks better for it.

maytc• 14 years ago

Why is it even possible to patent design which gives zero functionality in the first place...

Xlythe• 14 years ago

It's more of a trademark, isn't it? Like how you wouldn't want your company's logo plastered over a competitor's product, you don't want your competitor to copy its design and sell it right beside yours. It's a lesser evil, but by how much? It feels like they're just trying to confuse consumers.

I think the Apple vs Samsung case is silly (Both companies are releasing high quality products, it's not like the consumer is buying a junk knockoff) but there's validity in trademarking design.

Rudism• 14 years ago

When I started reading the article, I was expecting to scroll down and see photos of some kind of rhombus-shaped, barbed, Frankenstein monstrosity. I was sorely disappointed. It seems like the author is defining non-ugliness as "looks like an iPhone." There's nothing so offensive about this phone's appearance that deserves the animosity expressed in the article.

vectorpush• 14 years ago

I don't believe the author truly considers the design ugly. The animosity in the article really appears to be pointed towards Apple. The ugly design comments seem to me like a bulwark against those who might claim the author is an Apple hater for criticizing Apple's exclusive rights to symmetrical black rectangles.

moe6• 14 years ago

Honestly. The hardware is fine. The problem with android is still the software and only the software.

I'll take my handset in pink polka dots if it can finally scroll smoothly everywhere and not constantly annoy me with bugs in almost every single basic feature.

Instead they keep on shoving out bigger screens, faster CPU's every year - and the only UX issue ever being addressed is the camera finally snapping pics in reasonable time.

RobAtticus• 14 years ago

Have you used an Android phone with 4.0 (hardware acceleration)? At least on my tablet with 3.1 (which also has opt-in hardware acceleration), the UI moves very smoothly.

blinkingled6• 14 years ago

Performance / UI fluidity issues - that hasn't been true since long time now, especially so since ICS. Only hardcore apple enthusiasts and the ignorant keep repeating that (and Windows viruses) ;)

gcb2• 14 years ago

Which are still low numbers.

My nexus one with animations disabled is sluggish. Mainly dragging maps is embarrassing.

on the other hand, the 3gs of the time is also laggy. And it's not even on ios4

thought_alarm2• 14 years ago

Samsung made $10 billion over the last two quarters selling devices with outdated 2.x Android software. And last time I checked my carriers, none of their myriad of Samsung devices came with ICS.

Clearly ICS and smooth scrolling is not important to the carriers or their typical customers. Consequently, ICS is not important to Samsung.

It's not ignorant to say that Andriod scrolls poorly. It's just that scrolling performance isn't a priority when you're already pulling in $5 billion a quarter.

hdevalence• 14 years ago

My Galaxy Nexus runs stock ICS and has fluidity issues, FWIW, and I'm not an Apple enthusiast. In particular, I've noticed problems switching in and out of the camera app, problems with the contact picture pop up, and with the music player.

moe6• 14 years ago

that hasn't been true since long time now, especially so since ICS

That's plain out wrong. I'm on a Galaxy Nexus with ICS.

Scrolling and responsiveness are still major issues.

In 2012 I expect my phone to respond instantly and scroll smoothly, in all but the most extra-ordinary situations. iOS demonstrates how it's done.

On Android ICS my touches still incur a random lag that prevents me from tapping "by muscle memory" like on an iOS device. And I did spend multiple days removing all bloat, running the absolute minimum of background apps (JuiceDefender and a tool for the LED).

Likewise most apps can't even scroll a text list smoothly for whatever reason (lack of hardware acceleration perhaps, but as a user I shouldn't even have to think about this).

If you know any Android device that will survive a head-to-head comparison with an iOS device then I'd be curious to hear about it. I've bought the last two supposed high-end androids (Galaxy S, now Galaxy Nexus) and while there has been a noticeable improvement (largely due to the ridiculous CPUs that we get now) the overall situation is still a joke.

sasidharm2• 14 years ago

Only 5% of all android devices out there have ICS (http://developer.android.com/resources/dashboard/platform-ve...). Even if you are correct that ICS has no fluidity issues at all, that means 95% of android devices out there have these issues.

drivebyacct22• 14 years ago

Someone hasn't used a recent Android phone or certainly not one with Gingerbread or ICS. I have never, ever, ever, ever experience scroll lag or a lockup on my Android phone with hundreds of apps installed running relatively unstable CM9 nightlies.

snaky• 14 years ago

>The hardware is fine

Pentile screen

gouranga• 14 years ago

Seriously - try a Nokia windows phone if you want something that just works.

georgemcbay• 14 years ago

tbh, I actually like the new design better than the old one.

Given this side-by-side

http://cdn.androidpolice.com/wp-content/uploads/2012/05/not-...

I would choose the design on the right in a heartbeat. The only problem I have with the right-side phone is the busy/light wallpaper makes the icons and text a bit hard to read, but give that phone a black wallpaper like the one on the left has (and this is an easy user-tunable parameter) and problem solved.

nextparadigms2• 14 years ago

That's the Galaxy S, not Galaxy S2.

http://gadgetmania.com/wp-content/uploads/2011/06/Samsung-Ga...

I still find their design way too iterative. Galaxy S, Nexus S, Galaxy S2, Galaxy Nexus, and now Galaxy S3 - they aren't that different from one another, and they should be. I was disappointed the Nexus S was a rehash of the Galaxy S in hardware, and again I was disappointed the Galaxy Nexus seemed like an iteration of Galaxy S2. I really hope Google doesn't let Samsung design their Nexus phone next time.

zmmmmm• 14 years ago

> Galaxy Nexus seemed like an iteration of Galaxy S2

Really? To me the Galaxy Nexus has one of the most distinctive designs on the market - it's pure black, unmarked front with subtle curves on every surface are quite unusual.

huggyface• 14 years ago

The only problem I have with the right-side phone is the busy/light wallpaper makes the icons and text a bit hard to read, but give that phone a black wallpaper like the one on the left has (and this is an easy user-tunable parameter) and problem solved.

For some reason every picture of a Galaxy S (I | II | III) phone always shows the app drawer open. That is a surface that most users seldom interact with.

nextparadigms2• 14 years ago

Being able to patent something like "the top shouldn't be equal to the bottom, and only we can do that" is ridiculous. The patent system is a mess.

taligent3• 14 years ago

That's why you can't patent something just like that.

If you aren't going to actually learn and understand design patents then of course you are going to think it is ridiculous.

drivebyacct22• 14 years ago

You seem to be rather short and dismissive of individuals' comments on patents, design patents and their context in this and the Oracle v Google case. For those of us that don't understand, an explanation would go a lot further than snark.

wtvanhest• 14 years ago

Even Apple's lawyers design great phones!

(I'm an android owner but couldn't resist)

joering22• 14 years ago

wow, kudos to Samsung design team -- they had really think this one through to comply with all the rules AND come up with a good looking product.

Whats really is interesting here is that I read somewhere that each single iPhone is made of up to 60% Samsung components, solutions, patents, etc. How come then APPL is so bold with all those lawsuits? I know its a lot of money, but at some point Samsung could simply say "no more" and stop selling its technology to Apple, making it at least hard for them to keep up with the world demand.

taligent3• 14 years ago

It's because business isn't a kindergarden playground.

You don't just say "no more" to your biggest customer who is prepaying billions of dollars which you can then use to invest in new technologies. The same technologies which you can use across your product lines not just smartphones.

joering22• 14 years ago

I know all this but with Samsung having such a strong position on the market, isnt it a time to "kill" the competition? And Apple being so cocky they just help Samsung to make up their mind. I mean, yeah its not a kindergarten they dont have to provide Apple with their components. I would think Apple may want to be "nicer" to them not to get cut off from parts to build their products. Last thing they need right now, is money. They need to keep products flowing into the market.

saturn• 14 years ago

> at some point Samsung could simply say "no more"

I don't think it really works like that. Apple doesn't show up at the Samsung Shop every day and ask to buy the next day's components for their factory. They have long term contracts, a year or more in advance, often including huge co-investments in the factory toolings which will be involved in manufacturing them. Of course I don't know the details but I doubt Apple or the courts would look too kindly on Samsung suddenly declining to fulfil their multi-billion-dollar, multi-year supply contracts because they wanted to help their own competing products.

Samsung is very much wearing "golden handcuffs" in this situation.

alan_cx• 14 years ago

Hang on, Samsung have "shops"? But Apple has shops too. Have Apple not got the rights to "shop"?

vilya• 14 years ago

This article has more tracking cookies embedded than any other site I've ever seen - by a factor of 2, at least. Consider yourself warned.

Bxstraz• 14 years ago

warned of ads. got it.

dakrisht• 14 years ago

It's one of the ugliest phone's I've ever seen. Terrible engineering. Sure, the guts are great, but aesthetically it looks awful. Also can't believe that Apple has a patent on a damn square. Unbelievable.

untog• 14 years ago

I have to agree. The larger issue I have is with the cheap, awful plastic Samsung keeps using for it's phones. I just got an HTC One S and I have to say, the build quality is fantastic. It seems like HTC are turning a new leaf with their "One" devices.

joejohnson• 14 years ago

Apple doesn't have a patent on the square. Or the rectangle. Did you not read the article? Infringing phones were phones with all of those listed characteristics; not just one or a few of those characteristics. The "Apple owns the rectangle" myth is just that: a myth perpetuated by those who fail to understand IP litigation.

zobzu4• 14 years ago

It's pretty clear they'd sue again if it was rectangular tho. Because the other characteristics are similar anyway and can't really be made in an extremely different way.

I'm pretty much certain Samsung is aware that most people prefer the SGS2 (intl') form factor over the roundish one.

That being said for a rounded one I would have wished they made it nicer. The HTC one is nicer for example.

phmagic• 14 years ago

The article hints at a trend which isn't really happening: Apple's patents are hindering innovation in the Android space.

My terrible experience with Android stems from the lack of coordination between software and hardware.

ameasure2• 14 years ago

Patent law is nice when it ensures that innovators are compensated for their work, but Apple has clearly been compensated. Perhaps it could benefit from an addendum -- not enforceable when you're already making a ton of money off your innovation.

mbreese3• 14 years ago

Why would anyone do the work to innovate if they can't make a ton of money with patent protection? Who's to say what a "ton" of money is? How much did it the initial work cost?

Worrying about compensation isn't a good metric for patent validity.

Karunamon2• 14 years ago

  >Why would anyone do the work to innovate..

This is a very weak defense of the patent system. Innovation happened before patents existed, and would continue to exist without them.

rayiner2• 14 years ago

It's not a patent?

taitems• 14 years ago

This screenshot seems to disagree, at least on the software front: http://twitpic.com/9gurwj

thought_alarm2• 14 years ago

And yet, the white glass face still manages to evoke the iPhone 4, which is exactly what the carriers are looking for. It should be another blockbuster quarter for Samsung.

The carriers love Samsung, but they'll eventually turn. It always happens, it's just a matter of when. There are only so many $5 billion quarters that a manufacturer can earn before the manufacturer gets too cocky and the carriers pull the plug.

But it's fun to watch.

Keep an eye on the devices on display at your local carrier stores and take note of which manufacturers are featured more prominently. When the Samsung devices start to disappear, you'll know exactly what's happening.

flotblot• 14 years ago

It looks good to me. If it were designed by lawyers, unless they were designers, I think it would look like crap. The corners are still rounded and I think the other changes aren't that bad.

waiwai933• 14 years ago

I wonder what type of innovation would we see if only lawyers who were deathly scared of patent suits designed phones? After all, I think this isn't terrible, and I like it as a fresh take after seeing all the iPhone look-alikes.

Of course, my cynical side says that we'd either get no phones at all or they'd be oddly shaped polygons that hurt you whenever you try to use it. But still, maybe having attorneys in the room would encourage more creativity...

its_so_on• 14 years ago

Hey, this is a very entertaining story! I'd love to blog about this too, but what would really help is a photoshop of a "samsung" phone fitting the article's description while actually being ugly, so I don't look like an idiot when I do.

At a minimum it shouldn't look better than the previous samsung models next to it.

Thanks for any help!

nimbleNima• 14 years ago

Considering the fact that the GSI and GSII were allegedly unoriginal, to what extent did Samsung actually sell its soul, if it didn't bother cultivating it to begin with?

jsz0• 14 years ago

Interesting theory but I'm not convinced the nuances of the Samsung/Apple case support it. I'm also not sold that Apple has had enough success with the legal actions against Samsung to spur such a major hardware design change especially when Samsung is simultaneously announcing a Siri clone that uses a highly derivative UI. You would have to believe Samsung is a total mess to accept they forgot to tell the software guys about the change in strategy. Just don't buy it.

I think the changes have a lot more to do with Samsung making a shift towards acting like the big player they are. Samsung is the Android market at this point. It's less about Apple and more about HTC, Sony, Google/Motorola, etc. I think you can see this in the significant software changes they introduced and the larger display. They are making a play to basically own the Android market. It is an effort to design a device that stands out instead of blending in. I think Samsung wants people to understand at a glance this device is not just another generic handset. It's Samsung Android -- not Google Android. So physically it has to have at least a slightly unconventional look as well. That being said I think they failed terribly by adopting this sort of tacky early 00s ascetic. It's the uncanny valley of retro design. We're not far enough removed from early 00s to want a device that reminds us of that era yet. Weird textured plastic, overuse of the blue/purple tint, etc. Once glance at it and somehow I'm reminded of the first popular wave of sub-1MP camera phones in the United States.

The other issue is the size of the device. The Galaxy S was still within the realm of the mainstream. Not too small, not too big. They are walking away from a big portion of the market by skipping both the small and medium sized market. They now have big and they have huge with the Note. Larger devices are a nice option but the mainstream option has to be a bit more reasonable. For a significant number of people this device is just going to be physically uncomfortable to use I suspect.

miahi• 14 years ago

With legal actions, Apple managed to delay the sale of some of Samsung's devices in Europe for months, immediately after release. Given the rapid releases we see these days, that means a lot of money lost.

For the size, take a look at the Samsung Galaxy family. You have a lot of products for any size and taste. Yes, not all of them are full-featured, but you have to take into account battery size.

chris_wot• 14 years ago

That's a dangerous tack to be taking. Samsung is big enough to patent a lot of things and do precisely the same thing to Apple.

j_col2• 14 years ago

All I think about when I look at that phone is that it is yet another bland slab phone running Android. That form factor is really holding back handset design in my opinion, and I had high hopes that Samsung was going to do something really innovative with this device when they released that teaser video about how they were going to stand out from the crowd, but sadly not with this.

Whatever about the input from the legal department into the design, to me all this phone does in confirm that Samsung is very conservative when it comes to design (and before anyone jumps on my back about specs, I'm strictly talking about form here, not function).

gbog• 14 years ago

> Samsung is very conservative when it comes to design

You might not have heard of the galaxy note then, or tell me your own definition of conservative.

j_col2• 14 years ago

What, you mean their re-invention of the PDA?

epo2• 14 years ago

And all the fandroid hostility is precisely because this ugly device doesn't look like an iPhone. Smartphones were mostly ugly before Apple came into the market, now Apple have set the aesthetic standard and all the wannabes can do is copy it. Now the fandroids wet their panties bacause the plagiarists are sued for plagiarism.

EDIT erroneous reference to microphone icon removed

radley• 14 years ago

You mean the microphone icon that's been Voice Search for a year before Apple's Siri came out?

http://googlemobile.blogspot.com/2010/08/just-speak-it-intro...

raghavsethi• 14 years ago

Really interesting viewpoint.

dkrich• 14 years ago

This has to be one of the dumbest things I've read in a while. So because the phone has some differences to an Apple trademark (which may or may not hold up in court) it is safe to assume that Samsung's designers intentionally designed around the iPhone because the iPhone's design is just so badass?

Now certainly there had to be consideration of existing patents and trademarks. I can assure the author that Apple's designers and lawyers make the exact same considerations in their designs.

I like the iPhone design. It's okay. I like this phone's design better, and I'm going to be buying one when it goes on the market in June. I was about to buy another iPhone, but decided to hold off for this one because I like the design better. I'm not saying the iPhone is poorly designed. It's just not the optimal design for me. I like a larger screen and a slimmer profile. I prefer blue to black. You see, there are many, many worthy smartphone designs out there.

The Samsung Galaxy S III: The First Smartphone Designed Entirely By Lawyers

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