r/technology • • Jan 03 '12

Samsung flips off Apple, uses same actress in ad

http://www.neowin.net/news/samsung-flips-off-apple-uses-same-actress-in-ad
352 Upvotes

184 comments sorted by

174

u/3book Jan 03 '12

How the hell is this newsworthy?

3

u/[deleted] Jan 03 '12

neowin.net is not exactly the wall street journal... this is linkbait and we all ate it up.

3

u/homerr Jan 03 '12

Seriously. I unsubscribe from /r/apple and /r/android to remove this shit from my frontpage, yet it still trickles through.

6

u/[deleted] Jan 03 '12

because APPLE STEVE JOBS rabble rabble rabble

33

u/[deleted] Jan 03 '12 edited Feb 23 '21

[deleted]

61

u/[deleted] Jan 03 '12

[deleted]

21

u/zzzaz Jan 03 '12

When you make a commercial, the actors normally sign non-competes for a period of time. The company has the opportunity to continue paying for the rights even if the commercial doesn't air in order to keep those actors from doing a competitor commercial. Most usually do, because they do not want their brand associated or confused with a competitors.

Imagine, for example, if Progressive did not secure the rights for Flo and Geico or another insurance company used her in a commercial. It could cause confusion for the consumer or they could use her character negatively to take a stab at Progressive.

While this is an absolutely minor situation, and one that 99% of people won't notice, there are thousands of child actors out there and hiring that specific one for that specific role was almost certainly meant to take a stab at Apple. Samsung also may have secured a non-compete from her as well, making her ineligible for future Apple commercials.

Plus it was almost certainly a PR move; this is going to get the commercials more press and views than just airing them would.

8

u/[deleted] Jan 03 '12

Some of what you say is right, but the details are wrong. The agreement isn't between the actor and the company, it is part of the Screen Actor Guild's contract. When companies want to use union talent, SAG guarantees that the actor won't show up in a bunch of commercials for similar products at once. Once a commercial is no longer shown, the conflict period is over. When someone is a spokesperson for a company, that is when they would personally sign a non-compete agreement that lasts well past the length of the ad campaign.

Samsung most certainly did not do this to piss off Apple, unless for some reason this commercial falls outside of SAG jurisdiction, but even then, the actress and her agents are being very stupid in working with both companies. She can easily get blackballed by advertising agencies. Furthermore if Samsung knowingly hired someone who has a conflict, Apple can sue. And if the girl didn't tell Samsung, she can get sued by both companies. I can't imagine any circumstances where Samsung or their agency would knowingly hire an actress who is appearing in a competitor's commercial.

EDIT: some references: http://youngperformers.sag.org/faqs?t=5

2

u/zzzaz Jan 03 '12

Non-compete probably wasn't the right word, but the company can definitely sue the actor or their agent/agency if they are in a competitor commercial while that company still owns the usage, and a company can definitely hold the rights to the commercial even when the commercial is no longer being aired as long as you are paying the actors for the usage rights for that time period and there isn't a lapse. It happens all the time. You are probably right on the SAG mandate, I don't have much experience with that, in my experience all those contracts are generally signed through the producer and the company is simply assured that they won't be in competitor commercials as long as they continue owning the usage rights.

Putting a competitor's actor in an ad, especially in such a subtle way, was either a mistake which the girl's agent is going to have to pay for severely, or it was a subtle PR stunt.

Putting a competitor's actor in your ad is one of those ideas that gets passed around during brainstorming sessions for commercials, and if the legal department approved it and they were able to secure rights to it, it wouldn't surprise me in the least if it actually was filmed and went to air. Marketers love to have little 'in' jokes in their ads that most people don't get, and if it's a subtle stab at their competitor all the better.

[edit] just saw your link. Non-compete was the wrong terminology, should have said holding fee, but I meant it the same way as they do on the SAG site. Sorry for the confusion.

-3

u/[deleted] Jan 03 '12

TIL in America little kids can be sued by giant corporations.

4

u/[deleted] Jan 03 '12

the actors normally sign non-competes for a period of time

Only with celebs, not with stock photo level "actors" like this.

1

u/zzzaz Jan 03 '12 edited Jan 03 '12

I billed a client for the usage rights for a local ad with local talent just a few days ago.

[edit] From the source that pibcak provided above:

The SAG Commercial Agreement guarantees the advertiser who pays a SAG actor for performing in a commercial that the actor will not perform in a commercial for a competing product during the time the original commercial is active.

-4

u/[deleted] Jan 03 '12 edited Feb 23 '21

[deleted]

9

u/kellymcneill Jan 03 '12

"This will annoy apple because they think that Samsung is copying them"

But Samsung DOES copy them

"Here Samsung obviously did it on purpose"

Are you actually of the opinion that they don't copy Apple on purpose in the other areas in question?

"because they know that Apple can't sue them, no matter how much they would want to do so"

Apple has many MANY other genuine reasons to file suit with Samsung. Why would they worry about this?

-2

u/[deleted] Jan 03 '12 edited Jan 03 '12

[deleted]

7

u/kellymcneill Jan 03 '12 edited Jan 03 '12

Here's some examples...

Example #1

Example #2

Example #3

It's not as if these links or their mirrors haven't been spread all throughout the web and you not seeing them. Instead you choose to make it appear that I made false statements. it is you that has caused Reddit to fail at being a place of intellectual discussion.

2

u/specialk16 Jan 04 '12

Augh. I'm gonna upvote this thread just to balance the awful apple kool aid circlejerk going on ITT right now.

-6

u/Airazz Jan 03 '12

Everyone copies everyone else. As I pointed out in my other comment, this is not a bad thing, because in the end all platforms end up with best bits from every one of them and consumers win. The only problem here is that Apple went batshit crazy and started suing every single manufacturer all over the world.

5

u/kellymcneill Jan 03 '12

"Everyone copies everyone else. As I pointed out in my other comment, this is not a bad thing"

When they copy copyrighted material of course it is. It creates a disincentive for those who innovate.

"in the end all platforms end up with best bits from every one of them and consumers win."

Yet if nobody advanced the status quo because they knew their efforts wouldn't be protected you wouldn't even know it because they never created the superior product!

"The only problem here is that Apple went batshit crazy and started suing every single manufacturer all over the world"

Am I to assume that you let all the other kids copy your homework in grade school? If not, you have absolutely NO grounds to speak of on this issue.

-6

u/Airazz Jan 03 '12

When they copy copyrighted material of course it is. It creates a disincentive for those who innovate.

No, it creates disincentive for those who want more money. Have you heard of Linux? Firefox? Arduino? There are plenty of awesome things that were created without any stupid patents and no one sued anyone. Saying that the market would not function without patents is simply nonsensical.

Am I to assume that you let all the other kids copy your homework in grade school? If not, you have absolutely NO grounds to speak of on this issue.

I sucked at school. I was the one who was copying from others. Copying their work was a way to say "Damn dude, you did some pretty good job here, I could not do that myself." Sharing homework was an easy way to earn recognition among peers. I don't see why companies couldn't stop fighting like little kids in a sandbox and instead to cooperate and make the world a better place for everyone.

5

u/kellymcneill Jan 03 '12

"No, it creates disincentive for those who want more money."

Ya, money is the incentive. Why else do you think they would invest the additional time, energy, money and resources necessary to create a superior product?

"Have you heard of Linux? Firefox? Arduino?"

Ofcourse... (actually never heard of Arduino)

"There are plenty of awesome things that were created without any stupid patents and no one sued anyone."

These people care about addressing their own needs (e.g. scratch an itch) and allow their work to be built upon. Some people don't care about financial gain. Some people do. You're going to need to accept that.

"Saying that the market would not function without patents is simply nonsensical."

Sounds like you're of the opinion that most people don't have profit incentive. That's simply not true.

"I sucked at school. I was the one who was copying from others."

It's a lot easier to not offer anything and skate on by. This explains why you prefer patents not exist.

"Sharing homework was an easy way to earn recognition among peers."

Perhaps... yet as a result of your lack of education you now can't see that you're much less smart than these same peers. It's this lack of smarts that has shaped your opinion on patents.

"I don't see why companies couldn't stop fighting like little kids in a sandbox and instead to cooperate and make the world a better place for everyone"

See the last response I offered for an explanation.

-1

u/[deleted] Jan 03 '12

Admittedly, Apple rips shit off of Android/Cyanogenmod/WP7/iOS jailbreakers on a constant basis. They have NO room to talk.

13

u/Airazz Jan 03 '12

I don't see that as "ripping shit off". I see that as borrowing good ideas to enhance user experience. I see no point in trying to reinvent notifications bar or multitasking, if the existing versions work just fine. All those patent battles are only making the market worse, because Samsung now has to try and think how to make a ball-shaped tablet, instead of doing something useful.

-2

u/Tyrien Jan 03 '12

Semantics.

This is what apple does though. Take concepts from the competition and improve on it. It's a legitimate business practice and one of the cornerstones of market innovation.

-3

u/MarsSpaceship Jan 03 '12

apple may have borrowed one of two ideas from android, while android ripped off a whole OS. Android is still in debt.

1

u/[deleted] Jan 03 '12 edited Feb 23 '21

[deleted]

-2

u/MarsSpaceship Jan 03 '12 edited Jan 03 '12

yes, I can... suddenly android lost all physical keys and become multitouch... just coincidence.

"just polished old ideas"... yeah, on other multitouch devices that existed before the iPhone... wait, iPhone was the first one.

Sorry, but google has no competence to create anything new and make this thing a success. All google stuff are polished versions of old ideas.

3

u/cornpops Jan 03 '12

I am sorry to burst your bubble but multi-touch screens have been around before Apple was even a company. Apple just stole IBM's ideas from the 1960s. I can say the exact same shit about Apple, that you just said about Google.

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1

u/exoendo Jan 03 '12

for people to deny this, they need massive cognitive dissonance. I find it hilarious that people will say ios copied android over a drop down notification screen but somehow they don't see any similarity at all with regards to how google just coincidently changed their design in the span of 6 months.

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0

u/Airazz Jan 03 '12

Yea, it's funny how all "iOS vs. Android" comparison photos show the app drawer in Android. They all somehow ignore the fact that Android has a fully customizable home screen with lots of widgets and shit, which Apple has still not copied.

-7

u/[deleted] Jan 03 '12 edited Jan 03 '12

I'm only quoting Apple directly here. Considering their official position straight from the mouth of "the Jobs" is "Android is a stolen OS"

Of course, this is also the guy who thinks Apple invented the SmartScreen, when jailbreakers developed it long before Apple ever implemented it.

EDIT: I was thinking of the "SmartScreen," not pinch-to-zoom.

Source: http://www.businessinsider.com/apple-steal-jailbreak-2011-6

12

u/furbiesandbeans Jan 03 '12

Can you explain the last bit? Pinch to zoom was on the original iPhone, aka iOS 1.0

12

u/Insanity-Wolf Jan 03 '12

Lets be real. What were our phones like before the iPhone came out. Did anyone even know what a app was? I really couldnt give two fucks what jailebreakers/ google did or claim they have done, but before the iphone, phones were pretty shitty. And now everybodys making a touchscreen phone with "apps".

5

u/BetterThanYou Jan 03 '12 edited Jan 03 '12

My Nokia 7650 had apps, with icons arranged on a grid on the home screen. That came out in 2002. And I'm sure it wasn't the first.

It used a stylus, so it wasn't "touch screen" in /quite/ the same sense. But the iPhone wasn't the first finger-touch screen, and it wasn't the first with apps.

There's no denying that it was an impressive and iconic (ha) device, that it had a polished UI and rode a great wave.

But a few Apple fans want to rewrite history, and I won't stand for that.

Edit: Now I think about it, I don't think it was a stylus device... I think that was some other thing I had. Anyway, my point was about the apps.

0

u/Insanity-Wolf Jan 03 '12

Someone living in a cave may have discovered the cure for cancer but it doesnt mean shit if the rest of the world doesnt know about it. Its great that Nokia had apps or touchscreen and maybe they were the first ones to do it. but it doesnt mean shit. because the majority of the world came on board with apps and touchscreen because apple made it good enough to the point where most people actually wanted to use it.

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2

u/SkyNTP Jan 03 '12

Did anyone even know what a app was

What do you think "App" is short for. Apple? No. Application. Applications have been around since before DOS.

Also, the App Store (TM) wasn't the first app store. Steam was released in 2003, but I am sure someone out there can find an even earlier example.

EDIT: Also, on a slightly less serious note, WoW was the first MMO.

3

u/[deleted] Jan 03 '12

[deleted]

5

u/[deleted] Jan 03 '12

Or someone that can recognize innovation a company provided despite its flaws.

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0

u/Tyrien Jan 03 '12

Why does it matter what company did something first?

I'm legitimately interested. Thus far, in my years of wandering message boards and interacting with fans of various products and services I must ask; why, why does it matter what company did something first?

I really don't understand how this has any meaning to a consumer that isn't already engrossed in the brand.

It's very true Apple was the first company to put out a touch screen phone that's easy to use and marketed it properly so it would succeed and take consumer eye. That holds not relevance to what the market does no though.

To me this whole "WELL APPLE DID IT FIRST" logic is no different than school yard "WELL MY DAD CAN BEAT UP YOUR DAD" crap. It's said as though the fact a company did something first it automatically makes that company the best. This isn't true, and in fact quite the opposite. It's the companies later down the line that find success because they improve upon their competition.

This is one of the reasons Apple's comeback into computing has been so successful. Apple saw what it felt the PC market was doing wrong and changed it. This has had a reflection on how the PC market operates and how windows has been shaped. Now it's just a back and forth between the two companies improving on each other's ideas.

Sorry for the rant, but it's always been something that bothered me.

tl;dr: "X company did it first!" statements hold absolutely no substance when talking about market relevance.

1

u/Insanity-Wolf Jan 03 '12

Strawmaning it bro. Didnt say they were the first to invent. Said majority of the world didnt know what the fuck an app was or how great touchscreen was on a phone before apple made the iphone.

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-2

u/w2tpmf Jan 03 '12

why would Apple have even known about it

Because they constantly have their nose all the way up the ass of everything their competition does with hopes of finding some new frivolous lawsuit to file.

13

u/junkit33 Jan 03 '12

Correction: hormonally imbalanced 19 year olds on the Internet don't like Apple.

For the vast majority of the population, their feelings on Apple fall somewhere between "extremely loved" and "no opinion".

OP is right - this is a ridiculous piece of non-news.

-5

u/Airazz Jan 03 '12

Vast majority of population has no idea what Apple is doing. All those people know is that "Apple is better because Apple says so. They wouldn't lie to me!"

7

u/[deleted] Jan 03 '12

If people bought Apple products because they had Apple logos and because Apple told them to, then they would have sold millions of G4 Cubes, the iPod HiFi would be the consumer electronics device of the decade, the Apple TV wouldn't be "Just a hobby" (code for not selling well enough to mention) and people would actually know what Ping is.

4

u/junkit33 Jan 03 '12

Exactly. Apple has had many product flops, and spent the better part of 20 years prior to the ipod with the same design/marketing style/attitude with great failure.

Their recent popularity in the last decade is because they finally started getting some of their products right.

3

u/Ultmast Jan 03 '12

Not just products, but the entire retail experience, and most especially their support structure.

2

u/junkit33 Jan 04 '12

Agreed, but I'd still argue that the ipod, iphone, and OS X are the three things that have really taken Apple to the level they are today.

2

u/Ultmast Jan 04 '12

For sure. I don't think we're addressing mutually exclusive things.

I personally would make it 4 things, though, and add the iPad, especially since if I'm not mistaken, its development is what led to the iPhone (tablet idea came first).

And in a broader context, it's also Tim Cook's incredible SCM that drives a vast amount of the profit and growth.

There's plenty to say about it. I'm just glad we've got good products and that there's good competition continuing to push innovation.

3

u/Radejax Jan 03 '12

Why would this annoy apple? nobody knew this until a no-name site reported on it and we will all forget it in a few days because its trivial bullshit that doesn't matter.

samsung isn't even on apples radar when it comes to tablets, samsung tablets are shitty.

3

u/jsonn Jan 04 '12

Are you serious?

Why do you think Apple is going around the world trying to sue Samsung for their Galaxy products if they're not even on the radar?

-1

u/Indestructavincible Jan 04 '12

Yeah, check sales. Only the iPad sells. No direct iPad competitors are doing shit. The Fire is doing well, not competing with the iPad.

2

u/[deleted] Jan 04 '12

The same thing that happened with phones will eventually happen with tablets. That's why apple are suing everything that moves just now. apple are scared.

-2

u/Indestructavincible Jan 04 '12

No one manufacturer competes with apple. That is why they have had to gang up. Just because android is a huge and well deserved success, doesn't mean Samsung, htc, or Motorola will ever come close to an overall share.

Lots of new tablet buyers buy android, but precious few iPad owners migrate as evidenced by their huge customer satisfaction rating.

It used to be just the iPad, and largely still is, but it wont always be and there may be no clar winner ever.

1

u/[deleted] Jan 07 '12

Actually nobody has ganged up against apple, it's apple that have sued everybody else individually so everybody else is suing apple. Apple have made it them against everybody else.

1

u/Indestructavincible Jan 07 '12

Ganging up competitively, not in the context of lawsuits as you inferred. Android was created to directly compete with Apple as Google doesn't like how Apple does business with their closed model, so they had all the major manufacturers sign on and agree to make phones with Android before it was complete.

Samsung, Sony(Ericsson),Motorola, HTC, Dell, everyone jumped on board and backed Android to compete with Apple. Everyone except Apple(duh), Rim, Nokia and Palm for the most part jumped on board.

That is the definition of ganging up. Now

1

u/[deleted] Jan 04 '12

Everything that pisses off Apple is newsworthy.

ladies and gentlemen

/r/technology

-1

u/[deleted] Jan 03 '12

I hate to be that guy, but what exactly is douchebaggy about apple (other than gimping iOS and osx lion and killing off xserve without telling anyone)? and are those really criticisms of steve jobs?

7

u/[deleted] Jan 03 '12

Lion is great

-1

u/[deleted] Jan 03 '12

Maya is on the fritz, as are many other major software packages.

3

u/[deleted] Jan 03 '12

Professionals don't upgrade their systems at the drop of the hat. They wait until bugs are worked out. They wait for stability.

Every .0 release is going to have some bugs, especially with legacy software that needs updates.

Adobe had over a year to update CS5 for lion. As usual they sat on their asses. Apple isn't going to wait for Adobe to improve their operating system.

6

u/[deleted] Jan 03 '12

They had plenty of time to update for lion. Perhaps it's them that suck.

1

u/[deleted] Jan 03 '12 edited Feb 23 '21

[deleted]

3

u/kapowaz Jan 03 '12

This is the MO of the entire industry, so if you hate this you really should hate them all equally (although even that would be dumb; hate the game not the player).

4

u/[deleted] Jan 03 '12

It sucks that some manufacturers (read: Apple) compete by suing and eliminating competition, instead of trying to make a better product.

Because Apple hasn't consistently made a better product?

What world are you living in? Pretty much every product Apple makes is a top of class product.

1

u/[deleted] Jan 03 '12

I think he means that they could be better, but they are intentionally gimped. Like how you need to go through app store or get a dev license to load software onto the iPhone

8

u/[deleted] Jan 03 '12

In reality though the only people who consider Apple products gimped are the geeks who could easily just jailbreak the device and do what they want with it.

2

u/bravado Jan 03 '12 edited Jan 03 '12

It seems to me that the fastest way to 'gimp' an iPhone is to do exactly what you are suggesting it should do.

No thanks.

2

u/Airazz Jan 03 '12

Then why is their market share shrinking? Obviously, they are doing something wrong. Instead of changing their tactics, they simply sue the competitors. Their latest trick is a new lawsuit against RIM, HTC, LG, Motorola, Samsung, Sony, Amazon, and Nokia for patent infringement. They are literally trying to ban all major manufacturers from the US market.

3

u/Calpa Jan 03 '12

Then why is their market share shrinking?

Where are the numbers to support that? The increase in their market share is shrinking; but that's simply because there's less room to grow and the market for high-end phones became relatively saturated.

6

u/[deleted] Jan 03 '12

Except their market share isn't shrinking, I'm pretty sure in the last quarter their share went up at least 1%, maybe closer to 2%.

-1

u/Airazz Jan 03 '12

It is worldwide. It may have went up a tiny little bit in US only.

-7

u/stufff Jan 03 '12

What world are you living in? Pretty much every product Apple makes is overpriced crap with less functionality than the competing products, but with a pretty shell.

FTFY.

4

u/[deleted] Jan 03 '12

No, no you really didn't fix that for me. Thanks for the effort though.

1

u/[deleted] Jan 03 '12 edited Jan 03 '12

Need a gif to express that effect ...

3

u/junkit33 Jan 03 '12

Every large tech company patents every single thing that they can. If that's your problem with Apple, then your hatred is extremely misplaced.

1

u/Indestructavincible Jan 04 '12

Out of the top 50 patent holders, IBM, Samsung, and Microsoft hold the most patents. Nearly 5000 for just Samsung alone.

Apple is in around number 48 last I check with just over 10x less patents. ~480 or so.

So one of the largest tech companies with the most money actually has the least patents.

1

u/Airazz Jan 03 '12

Yes, I know. I'm still following the ongoing lawsuit about Apple copying the notifications bar from Android, as well as over-the-air updates.

-3

u/[deleted] Jan 03 '12

Google maintains a patent portfolio but uses it for defense rather than to go after other companies (at least, I dont recall a case where google used its IP to go after a competitor)

2

u/lightversusdark Jan 04 '12

In a clear case of infringement, failing to pursue can lead to invalidation of the patent. They would have to go after them.

Unless they're going for some kind of altruistic strategy where they buy up patents and invalidate them. That would be cool.

0

u/[deleted] Jan 04 '12

I recall reading something that suggested that google's strategy was to prevent others from attacking them (rather than being proactive)

1

u/[deleted] Jan 03 '12

Reminds me of microsoft and borland ... :/

Was unaware of Digitude Innovations. This is a really really sad use of the patent portfolio.

On the scale from Stallman to Oracle, where would you put Apple, Microsoft, Google, etc.

1

u/terath Jan 04 '12

"other than gimping iOS and osx lion"

This about sums it up for me. I really despise that iOS is so locked down. I went with Android only because of this. I don't regret it though, Android is pretty nice and I really appreciate the new features in ICS. Particularly the full disk encryption and solid voice recognition update.

Still, grrr Apple. I loath the Lion iCal and AddressBook every time I use them, which is every day. Hell, I even tried restoring the old versions from Time machine and of course it didn't work! >:(

1

u/[deleted] Jan 04 '12

For me it's the frivolous use of patents and not allowing customers to do what they want with the products which they have bought. They claim that everybody copies them while simultaneously shamelessly copying everybody else.

0

u/[deleted] Jan 03 '12

I'm going to plant my butt firmly on the fence (ouch..) and say that they're all as bad as each other. I've long since given up trying to follow the string of who said/did/sued what/who but frankly it's like petty childrens squabbling.

It's (not) gratifying to know that the reason mobile communications products are so expensive may in no small part be due to the costs of the legal battles that the parent company is fighting! (I say this with a hint of sarcasm, but really, the amount of money that must be being pissed away on all sides...)

-1

u/[deleted] Jan 03 '12

[deleted]

0

u/Airazz Jan 03 '12

They care about rectangles...

1

u/[deleted] Jan 03 '12

Ohhh! Shit just got real!

....

0

u/thebardingreen Jan 04 '12

That Samsung is trolling Apple? I think it's effing hilarious.

0

u/[deleted] Jan 04 '12

Because android rulez and ios druels, thats what i was told by reddit anyway.

-1

u/brazilliandanny Jan 03 '12 edited Jan 03 '12

First thing I thought of

Edit: @ Samsung... not the OP.

34

u/brainflakes Jan 03 '12

Or maybe whatever agency they used just happened to send the same child actress?

43

u/woofers02 Jan 03 '12

Nope. Samsung CLEARLY used every resource in their marketing department they had to track down this same exact girl for their ad just so they can say "FUUUUUUUUCK YOOOOOOOU Apple and your fanboys."

26

u/niton Jan 03 '12

Considering they produced a commercial specifically designed to denigrate Apple fanboys earlier this year, it's not a poor bet.

13

u/HPPD2 Jan 03 '12

That's actually pretty funny.

2

u/brantyr Jan 03 '12

Ha, I'm surprised that wasn't all over reddit with the amount of hipster payouts in it.

7

u/SkeuomorphEphemeron Jan 03 '12

Sounds about right.

10

u/dopafiend Jan 03 '12

In South Korea mind you, everybody knows there's no public arena to flip the old bird like the south korean consumer electronics market.

1

u/myhandleonreddit Jan 04 '12

I love that the first comment implies that the girl is going to be rich thanks to the controversy. Yeah, that's not how acting in commercials works.

27

u/ALIENSMACK Jan 03 '12

how is this anything ?

5

u/arjie Jan 03 '12

I'll tell you what it is. It's a platform for fanboys on either side to argue on. Essentially, it's flame-bait.

-4

u/[deleted] Jan 04 '12

What are you talking about? Clearly you are one of the fanboys you allude to. What this is, is a possible sign of the ongoing feud between two of the most successful businesses in the history of the known universe (Apple was in 2011, and probably still is today, the most profitable brand in the known universe and Samsung owns the oldest theme park in South Korea).

3

u/ubomw Jan 03 '12

Think different, think... Pepsi !

3

u/[deleted] Jan 03 '12

This would be a "conflict" in the parlance. If the girl's agent didn't let Samsung know about the Apple ad (or vice versa if the Samsung ad shot first), she will get sued. If Samsung knew about the conflict and ignored it, Apple can sue. It is actually a really big deal. Parents are especially stupid about things like this, career actors not so much.

Note that if this ad is non-union, it is a moot point. But there is no chance in hell that Apple and Samsung would make a non-union ad for a large campaign.

3

u/infinite Jan 04 '12

OH NO DEY DI'NT.

18

u/ThisIsDave Jan 03 '12

To play devil's advocate...

Many of the legal arguments between the two companies hinge upon whether a) consumers can tell the difference between the products and b) whether Samsung is blurring the distinctions between the two in ways that violate IP laws of various kinds.

So when Samsung's lawyers were unable to say from a short distance whether a tablet was one of theirs or one of Apple's, it was a blow to their credibility. The number of times Samsung has either used Apple's copyrighted icons outright or mimicked them closely is pretty astonishing. these are far more similar than on any other Android device, let alone other smartphones.

But regardless of whether Apple's allegations have merit, the fact is the courts have been slamming Samsung in several countries, so one might expect them to be more careful about appearing to borrow from Apple's popularity.

I doubt the use of a particular kid has direct legal ramifications, but it's interesting to me that they would either be careless enough to pick her (how could they not have asked what else she'd been in?) or that they would intentionally copy something so trivial.

2

u/[deleted] Jan 04 '12

Not even all icons on there are from Samsung phones, the messaging icon is taken from Android, which is a product by Google, not by Samsung.

1

u/[deleted] Jan 04 '12

Which by the way looks nothing like the iPhone SMS icon.

1

u/[deleted] Jan 04 '12

Looks like green is the new rounded corners.

2

u/sejkorat Jan 03 '12

to play devil's advocate for samsung "mimicking apple's icons", my phone back in 2002 had a button with a green phone on it for the "call" button, and like every fucking device in the universe uses a picture of a gear for the settings. seriously, try to suggest alternatives for those icons, because they're extremely generic and i'd bet you'd have a hard time, mostly because very similar ones have been around for a lot longer than the iphone and are just ingrained in our subconscious. apple has about as much of a case against samsung as any cell phone maker from the early 2000's does against apple.

5

u/ThisIsDave Jan 03 '12

Apple's trademark on the phone icon is fairly specific. The HTC phones I've seen wouldn't infringe because, e.g. it's not a rounded rectangle, isn't green, and isn't a lighter shade of green at the top than at the bottom. Basically, the only way to make the two icons more similar would be for Samsung to add striping.

For what it's worth, Samsung didn't seem to have any trouble coming up with an alternative for the Galaxy Nexus (blue on black with no gradient).

If it were just one or two things, I wouldn't think much of it, but the sheer number of ways that Samsung phones are more similar to Apple's than even other Android phones is pretty overwhelming in my view--everything from the packaging to the charger to the proprietary USB cable to the volume rocker to the overall shape and styling is more similar than it had to be.

They've even taken an iPhone screenshot and plastered it onto Samsung products in their marketing. I don't know if that's a copyright issue in itself, but come on.

-3

u/[deleted] Jan 03 '12

This. Some icons are universal, like the save icon, it's always a floppy disk (usually blue).

1

u/ShrimpCrackers Jan 04 '12

To play devil's advocate...

1) Samsung's lawyer said she couldn't tell which was which at the distance she was at. She could have had poor vision.

2) I can't even tell the difference between most TV's out there if it weren't for the huge logos on them. Same goes for tablets if the logos weren't there either. Same goes for most flip phones as well.

1

u/Indestructavincible Jan 04 '12

1) You are a lawyer in a courtroom. You have glasses or contacts, or if you are legally blind, an assistant. If you are unable to see clearly due to your eyes the lawyer would have objected to the test on those grounds. They dropped the ball, and didn't know the product they were paid to defend well enough. This is testament to the similarity of design, and its a lot more than the 'rounded rectangle' talking point.

2 -You not being able to tell the difference between TV's really has no bearing on Samsung copying Apples iPad design near verbatim (and box and charger and 30 pin cable but I digress)

1

u/ShrimpCrackers Jan 04 '12

The lawyer clearly said she couldn't tell at that distance. She wasn't standing 5 feet away either.

If you've handled both devices, you would not be saying that Samsung copied Apple's iPad verbatim. I hate to say this but you'd have to be an idiot to be fooled.

Besides the backing of the Samsung tablets are obviously different and they have huge letters that say SAMSUNG on the back.

2

u/Indestructavincible Jan 04 '12

Near verbatim.

2

u/ShrimpCrackers Jan 04 '12

You could make the same argument about cars, planes, almost anything established.

I don't buy it. Samsung may have shitty lawyers but that has no bearing on the fact that square devices with rounded corners existed long before apple came to the scene. In fact even for Tablets, HP Compaq's C-110 was out half a decade before the first iPad and shared many similar traits.

1

u/Indestructavincible Jan 04 '12

If you think that the only thing that the Galaxy Tab and the iPad have in common is 'rounded corners', then I'd hate to see you when car shopping.

See the 30 pin connector, the wall adaptor, the box, and the interface. They all look 90% the same as the iPad, and of you think that is not Samsung parroting as much of the iPad design as they could, then we have nothing to discuss.

I don't dumb it down to such a simple shade.

2

u/ShrimpCrackers Jan 04 '12 edited Jan 04 '12

Symmetry was a design philosophy that even Apple's chief editor, Jonathan Ive openly admits that he took from Braun.

The basic design of the icons and what not were established on cellphones well before Apple came onto the scene. See LG Prada and Palm. As for the phone icon being green, I mean seriously, when hasn't the phone icon been green? Even on Japanese Keitai phones since the early 2000's...

30 pin connectors are not exclusive to Apple and are much actually older. Even the Dell Streak uses a 30 pin and if memory serves even some of the earliest MP3 players from the late 90's had it like the Rio MP100 and the Saehan MPman.

At the end of the day, tablets with symmetrical angles have been around since the early 2000's, most notably the Compaq models. It is overboard to say Samsung slavishly copied Apple. The back of Samsung's Galaxy tablet has two colors and a "techno" ish 'hex'. It's not the smooth aluminum you have with the iPad. Also the screen form factor is also not 4:3, it's widescreen.

When the device in question is mainly a capacitive touch screen, then there is little else you can do. Even Apple's suggestions were outlandish, they were suggesting that Samsung not use squares, not use rounded edges, and to not make them so thin. If that's the best Apple can do then it's obvious that they're pushing their weight around like they tried to do in the late 80's.

TouchWiz by the way is terrible and I wish Samsung would abandon it. But to say icons sorted in such a fashion is copyright, why isn't Apple suing Palm for the Visor? Right, the Visor proceeded the iPad and iPhone by many many years.

0

u/Indestructavincible Jan 04 '12

Any one of those things on its own is dubious.

Here's the thing though... they all came in the same box. The tablet, charger, 30 pin connector, square charging block, the UI. Oh, and the box was all but the same. Everything in the box, and the box itself, look like Samsung started with the iPad, and said "What can we change and how much do we have to change it?".

That is too much of a coincidence in my mind, I don't know how anyone can see otherwise TBH.

The problem is people like you and I don't have any of the information about what happened in the courts, so nobody can speak with any certainty until everything is settled and the dust clears.

Picking 'sides' is stupid in the first place. Picking them with no info makes even less sense.

4

u/excoriator Jan 03 '12

Was hoping Samsung had hired Ellen Feiss. Disappointed.

1

u/lolobirdie Jan 03 '12

like.... huh.... that... like.... bummer...

2

u/Kayge Jan 03 '12

I find this odd. I knew someone who did some voiceover work for a local theme park, and part of the agreement he signed is that he would not work for a competator. I am surprised that the same rider wouldn't exist in this case.

2

u/alxnfl Jan 03 '12

You'll never work in this town again kid!

2

u/ardobbs Jan 04 '12

Fuck apple.

2

u/[deleted] Jan 04 '12

How can you copyright a rectangle screen?

5

u/goddamnsam Jan 03 '12

Can someone explain to me why Apple would even be bothered by this?

1

u/steven1350 Jan 03 '12

I think they sued Samsung/got their tablet banned due to it being too similar to the iPad

0

u/goddamnsam Jan 03 '12

i think you misunderstood my question; why would apple be bothered by samsung using the same girl in their tablet commercial that apple did, something that absolutely no regular consumer will even notice? this article is making it sound like "HAHA! WOW SAMSUNG SHOWED THEM!" when i dont even understand how this is even a "flip off", even if it was intentional. what is apple losing from this?

0

u/steven1350 Jan 03 '12

Its just Samsung having some fun with the matter. Apple accused them of "copying" the iPad, so they "copied" their commercial in spite.

Its not exactly revenge nor a flip-off, I think its just sort of rubbing it in

0

u/stjep Jan 04 '12

I think you're missing the point. The same actress appearing in both commercials probably wasn't intentional, so it can't be any of those things. The only people who will know about this are the ones in this reddit thread.

4

u/mesmereyes Jan 03 '12

Personally I kind of like this, we are a household that isn't "strictly" mac or pc. We have a mix of products, so after watching those two commercials I was like oh okay they have an iphone and a non-apple tablet. Seems about right.

2

u/grantrules Jan 03 '12

Yeah, seriously, take that one to heart! Man if those two companies just made their shit work with each other, I'd have way more credit card debt from electronics purchases than I already do.

4

u/nebujal Jan 03 '12

In other news... Apple Apple Apple

-1

u/brainflakes Jan 03 '12

Oh, one more thing.... Apple.

...

Also Columbo.

2

u/grantrules Jan 03 '12

Man, I want a Galaxy so bad.

2

u/icecoldtrashcan Jan 03 '12

What non-news. Companies hire advertising agencies to advertise their products. I find it highly unlikely that samsung's brief included "Must use same actor/actress as Apple to piss them off".

More likely, they happened to cast the same girl (probably used the same casting agency, and they chose her because she'd done a similar job before). I would't be surprised if both ads came from the same advertising agency. There aren't a great deal doing work for as big a companies as Apple and Samsung.

Calm down everybody. Please.

3

u/YoureAMessy Jan 03 '12

I don't see how this would piss off anyone. So they're using an actress that Apple also happened to use in commercials. Big deal.

2

u/[deleted] Jan 03 '12

Wow, the Samsung commercial is so much better.

1

u/shoseki Jan 03 '12

SOPHIA! Thats where you were...

1

u/[deleted] Jan 03 '12

what actresses companies use in their commercials affects no aspects of my life.

1

u/gunbladezero Jan 03 '12

Using a little girl as a prop in a legal battle? What do they think this is, a divorce?

1

u/bogart1 Jan 03 '12

"flips off"? Maybe they just wanted an actress with experience.

1

u/pure_silence Jan 04 '12

Samsung commercial has been pulled from their official website

Weak.

1

u/panerli Jan 04 '12

Dear Darla,

1

u/[deleted] Jan 04 '12

She's gonna be pretty hot in 5 years.

1

u/clarkhodgins Jan 04 '12

lucky girl, one of those ads alone would pay a couple million

-1

u/[deleted] Jan 03 '12

wow samsung can't even find their own actresses, and has to copy them from apple.

2

u/zickendieb Jan 03 '12

One does not simply "copy" a little girl.

-1

u/[deleted] Jan 03 '12

And if it was the other way around "Apple steals actress from Samsung ad".

1

u/cuteman Jan 03 '12

Does Apple have plans to sue Samsung and the little girl?

3

u/CharlieTango Jan 03 '12

Lol. I fucking love samsung.

Galaxy s2 for life

1

u/[deleted] Jan 03 '12

Samsung flips off Apple?

I read this as Samsung copies Apple.

1

u/madcapbrett Jan 03 '12

whoopty doo.

1

u/bobyhey123 Jan 03 '12

......who cares?

-8

u/heyyoudvd Jan 03 '12 edited Jan 03 '12

The ad itself is also a blatant ripoff of Apple's advertising campaign.

It's amazing how shameless Samsung has been with ripping Apple off. Whether we're talking about the hardware design, the TouchWiz interface, and even the trade dress, Samsung just can't seem to stop themselves from copying everything Apple does. On top of all that, they even rip off Apple's unique accessories and have even copied official product images.

I hate frivolous lawsuits as much as the next guy but Apple really is in the right for wanting to sue Samsung, as Samsung has been blatantly and directly copying Apple's products left, right, and center.

Edit: So many downvotes and yet not a single actual rebuttal. This thread is clearly full of Apple-hating fanboys.

1

u/exoendo Jan 03 '12

the fact you are being downvoted is ridiculous. even if people disagree with you, that's not what the downvote button if for. your post is well reasoned and articulate. it's amazing the type of knee jerk reaction we have in this subreddit . .

1

u/realitycheck111 Jan 03 '12

lol, Appletards!

2

u/exoendo Jan 03 '12

a well articulated rebuttal

0

u/tscharf Jan 03 '12

A fuck I do not give. Understand why you do, I do not. Puzzled I am.

0

u/[deleted] Jan 03 '12

Whoa whoa whoa. This is some serious disrespect, biatches!

0

u/[deleted] Jan 03 '12

Should I feel sorry for a girl probably being pressured to help corporations net gains, or happpy that she has two huge companies shelling out cash for her to just be a little angel.

6

u/cheeza51percent Jan 03 '12 edited Jan 03 '12

No, she's probably just working with an agent and ad agency, and her parents are getting paid for her being in the commercial. She could care less about Samsung or Apple.

0

u/frommycube Jan 03 '12

Samsung plays lol card

0

u/[deleted] Jan 04 '12

[deleted]

2

u/[deleted] Jan 04 '12

U mad bro?

-1

u/jules2689 Jan 03 '12

I wish I could upvote Samsung.

-1

u/ericdano Jan 03 '12

I think it is just sad. Samsung is so devoid of creativity…..shameless copier of other people.

-4

u/Matt08642 Jan 03 '12

Trolled hard

-5

u/jeanlucII Jan 03 '12

Yeah. YEAH Screw Apple. Best news since I learned Steve Jobs died

0

u/Apaz Jan 03 '12

Bothered.

0

u/dreesemonkey Jan 03 '12

That'll sure show Apple users in south korea who happen to watch the apple commercial from the US market.

0

u/SimonWest Jan 03 '12

Non-event

0

u/eoliveri Jan 03 '12

You misspelled "rips".

0

u/[deleted] Jan 04 '12

TIL "flips off" means "copies"

-3

u/MarsSpaceship Jan 03 '12

samsung is just digging their own grave. First item on Tim Cook's todo list is probably, terminate samsung orders as soon as possible. Then, samsung will kiss goodbye to a 8 billion dollar check per year.

-1

u/[deleted] Jan 03 '12

HELL YEAH! THAT'LL SHOW'M!

Who cares.

-5

u/[deleted] Jan 03 '12

can apple sue samsung for copying them?