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In no way does Touchwiz look like ANY other OEM skin of Android!! It is a total "Hong Kong" special.
I disagree. Apple can't claim exclusive rights to a thin rectangle. Outside of a few icons their claim is BS.
I'm not - and most people aren't - particularly tuned into the form factor and aesthetics of the phone and can't tell many phones apart on the surface without looking closely side-by-side. Black or silver border around a screen all look pretty similar to me.
Where's the transcript? From what I've read there isn't any transcript of the phone call, so we don't know if it was "diplomatic". Could have been "threatening" could have been "begging". Please provide a link and source to the transcript.. Steve Jobs call was the "diplomatic" way to end that relationship without saying "Go %!#$ # %&^&*$".
If one person goes to VZW or AT&T and says "I want the iPhone, but the Galaxy S is so much cheaper and it's the same anyway" and chooses the Galaxy S than Apple is right and should be compensated.
/rant
From the article, it also sounds as though Jobs made only a token gesture and then "turned it over to the lawyers". That's not particularly how you would act hoping to avoid the courts or to work-out a licensing deal. CEO's don't directly remove themselves from negotiations with key suppliers involving multi-billion dollar contracts. He made the token gesture, but I would guess the intent/goal was always to block production, which is why the lawyers were allowed to run with it. When you want to get a deal done, you keep the lawyers out of it, other than to write-up the terms.
So why can't the customer choose the cheaper phone if they want it? I would. But that's me. I know people who want the iPhone, not any other phone. Some want an Android. Some don't know what they want (this is where they need to research or get what they deserve)
The part I highlighted is the only thing that is relevant!!!
You know people who want iPhone and NOTHING else, those people would NEVER buy a phone with any other OEM Android skin, but they might buy TouchWiz because it is "close enough". Which means that they are profiting (atleast potentially) off of the R&D work that Apple has done, specifically the "R".
Why spend money figuring out how people want their icons to look when you can just copy Apple?
Be honest with yourself and ask "Why is TouchWiz so similar to iOS and so dissimilar to Sense and Blur?" and "Am I ok with blatant theft?".
I dont know, there are people who bought the samsung galaxy phone just cause it looked like the iphone. And in China where a lot of things are copied to make knockoffs I can see Apple's point. As far as I am concerned its the jobs of the lawyers to handle litigation. Being I do not have a taped phone conversation for me to hear I can not say whether it was an olive branch or an extortion. I say we leave it for the courts to decide.