The CrunchPad (and its eventual consumer incarnation the JooJoo) is often presented as proof of obviousness in the iPad’s design. For the first time, we have an interesting insider view on this matter – Nik Cubrilovic was involved with Micheal Arrington’s CrunchPad project from the very beginning, and has written a lengthy blog post about how the CrunchPad really is proof the iPad’s design was obvious.
Most of the time, arguments surrounding prior art and obviousness come from lawyers and their drummed up experts in court cases. It’s also pretty common for us regular folk to discuss these matters. What isn’t common, however, is to have someone who actually worked on a product that makes up prior art and/or proof of obviousness in important and possibly far-reaching legal cases provide his or her view.
Nik Cubrilovic worked on the CrunchPad project (he even built prototypes), and thus, can offer interesting insights into this matter. “[The CrunchPad] was an attempt to build a cheap tablet computer and we started the project a full two years before the iPad was announced. Apple is attempting to patent protect features of a design that we had published years before the iPad was announced. Our own designs were inspired by previous tablet designs, and minimalism in a tablet wasn’t first seen with Apple and the iPad,” he details, “We had no idea about the iPad, nor the patents, and I would consider us to be ordinary observers, and the design we came up with is exactly like what iPad became.”
It’s hard to disagree with Cubrilovic’s conclusion here. I had forgotten just how much even the earliest mock-up of the CrunchPad looks like an iPad, and the first mock-up was released a full 18 months before Apple announced the iPad.
Thomas Baekdal has written an excellent article taking apart the iPad’s “design”, based on information coming from the various court cases between Apple and Samsung. Look at the list of options Apple has given to Samsung so Samsung can avoid Apple’s design patent wrath:
- Front surface that isn’t black.
- Overall shape that isn’t rectangular, or doesn’t have rounded corners.
- Display screens that aren’t centered on the front face and have substantial lateral borders.
- Non-horizontal speaker slots.
- No front bezel at all.
- Thick frames rather than a thin rim around the front surface.
- Profiles that aren’t thin.
- Front surfaces with substantial adornment.
- Cluttered appearance.
The funny thing is – all these things, supposedly now the property of Apple, are present in the very first CrunchPad mock-up, and all the prototypes that followed, all the way up to the Joo Joo, which was released four months before the iPad. Sure, the Joo Joo sold like three times, but that doesn’t matter. Success is irrelevant in these matters.
I’m not arguing that Apple copied the CrunchPad or the Joo Joo – no, they where designed at the same time, in the same time frame. And lo and behold, without Apple ever releasing any information about the iPad, a completely separate group of people comes up with the exact same design. Any engineer, software or hardware, will tell you this is not uncommon – give a group of engineers a problem to solve, and many will come up with similar solutions.
All this serves to illustrate why I have so many issues with the way companies like Apple abuse the broken patent system. What if the CrunchPad had been a success? Would the people involved have been able to withstand Apple’s patent wrath?
Is this really the technology world we want to live in?
<…> is often presented as prof of obviousness <…>
prof -> proof
Evolutionary ideas are not unique: http://www.radiolab.org/blogs/radiolab-blog/2010/nov/16/idea-time-c…
Tell that to the judges and lawyers. Can you just imagine how much money is getting tossed to lawyers over all of this?
Long before Apple’s iPhone and iPad saw the light of day, I saw plenty of people describing what the though apple should make on fan sites. There were some that suggested very similar things to what Apple made.
That said… putting it all together in the right way at the right time is really what made made the difference. An original idea is not enough on its own with out the right timing and execution.
Apple proved your point by bringing a compelling product to market first., initially grabbing a lion’s share. The problem is that Apple doesn’t want to have to compete in an open market with increasing competitors so they are trying to close it down.
Edited 2011-12-10 04:08 UTC
Actually, the Crunchpad/JooJoo went to market before the Ipad.
Well, he did say compelling product. The Joojoo was anything but, unlike the iPad.
The JooJoo preceded the Ipad to market and it had rounded corners and a shiny, black, flush bezel, just like the Ipad later had.
What exactly do you mean by compelling? Exactly what was not compelling on the JooJoo that was compelling on the Ipad?
Bnolsen said Apple brought the first compelling tablet to market. You said the Joojoo came before it.
I think it’s pretty obvious the Joojoo wasn’t a compelling product, like all pre-iPad tablets.
As I figured, your statement was based on assumption, not fact.
Compare sales figures and reviews of the Joojoo and iPad.
One was crap and didn’t sell, one is great and does sell.
Your hatred of Apple must be pretty big if you think the Joojoo was a more compelling device than the iPad.
Reviews of the JooJoo were great. Do you have any reviews that show otherwise? If so, be precise and exact about what was better or worse about either item.
Your blind adoration of Apple must be enormous if you can’t back up your assertions with exact points or evidence.
Don’t be silly, the Joojoo was a portable webbrowser and a bad one.
Here’s the first review hit:
http://m.engadget.com/default/article.do?artUrl=http://nexus404.com/Blog/2010/04/28/joojoo-linux-tablet-hits-uk-tod…
Edited 2011-12-11 07:17 UTC
If the Joojoo was just a web browser, what is the iPad? I sold my iPad because it turned out to be nothing but a web browser. Granted, I knew what I was getting into when I bought it, but I didn’t anticipate just how inconvenient Apple’s iron-fist approach to computing would be for me.
My son uses it to play games and watch video.
My wife uses it for surfing, show pictures to friends and banking (not via the webbrowser).
I use it to surf, watch video, stream music, play games, read ebooks, email.
And I forget what I use it most for: reading news (RSS reader, Flipboard, Zite)
Oh, and Facebook & Twitter.
At it’s best, the iPad is just an advertising vector. Those games, some are free and ad supported, others aren’t, and you probably bought them thanks to advertising. I still maintain the only useful function of the iPad is web browsing, and the only way to make the iPad useful for anything else is with apps Apple didn’t make (have you tried using Pages for anything important?).
I read books on mine for a while, and then went back to my e-ink ebook reader that didn’t have an eye-stabbing backlight, and I used to play games on it, but got sick of buying things Android owners got for free, and still being advertised at for the privilege of giving Apple more money. The iPad is frankly useless junk, and the only reason it sold is because of the Apple logo on it. When it was announced, all the pundits were expecting a tablet Mac, what they got was a giant iPod Touch, and just because Apple is more a religion than a tech company, people, including me, handed over fistfulls of cash for it.
Dozens of employees in my enterprise have been issued iPads in place of their Dell laptops. Most would heartily disagree with assertion that the iPad is useless junk.