Regardless of the legal issue, I think the problem with this Apple vs Samsung thing is Samsung did a pretty crappy job by copying Apple’s visual solution. They just copying. Even worse, i think they made a less than equivalent copy of Apple’s visual solution. They copied the essential, changed couple of colours nidi-nada, and that’s that.
Things would be better if they took what’s great from Apple and improve it. That would be stealing, and that’s what I personally see in “good artists copy, great artists steal“: Improvement. Sometimes the improvement looks simple, as easy as stripping down all buttons and left the home button, but most of the time a simple and obvious solution requires the most effort and thought.