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Apple Ordered to Alter Website Statement Acknowledging Samsung Galaxy Tab Did Not Infringe on iPad Design

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Prallethrin

macrumors regular
Jun 8, 2011
104
0
KnightWRX said:
Link was posted about 2 dozen times already in the thread. This is the July 18th ruling, with Apple's quote, etc.. :

http://www.bailii.org/cgi-bin/marku...s/2012/2049.html&query=Samsung&method=boolean
Click to expand...

Thanks. I only skimmed this thread. This fills in a lot of details.

/sigh

Apple should just state the outcome of the case and that they disagree with it - that is clearly permitted by the ruling if I'm not mistaken - and be done with it.

The newspaper ads might be a tad much though, rich as Apple may be they still have to pay signicfiant amount of money for it.

In general, I can't say I agree with points 49-54. It's perfectly legal for Apple to publicly statement that they believe Samsung infringes on their right, whether it affects Samsung's reputation completely depends on how the public takes the statement - out of Apple's control. Samsung should be responsible for defending their own reputation in public. Having Apple pay for the dissemination of the verdict is obscure - it could also be interpreted by the public as wrongdoing on Apple's part; I'm surprised Apple's lawyers didn't bring this up.

Personally I find the judgement controversial.

To be honest, when you think about it, the whole thing is much ado about nothing - the whole thing is about dissemination of a verdict. Guess we have the tech press to thank for the sensationalizing of it again.
 
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linux2mac

linux2mac

macrumors 65816
Aug 29, 2009
1,330
0
"City of Lakes", MN
It doesn't matter. The Galaxy is a hunk of junk compared to the original iPad. Now Apple destroyed the competition with the latest iPad and iPad Mini release. :apple:
 
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muckydoggy1

macrumors newbie
Jan 13, 2008
28
0
SiPat said:
I live in the UK, and we have a saying here:

"The law is an ass", and that applies to this judge in spades.
Click to expand...

If you were really British, you'd have spelt it 'arse' so I'm beginning to speculate over your nationality.

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Prallethrin said:
In general, I can't say I agree with points 49-54. It's perfectly legal for Apple to publicly statement that they believe Samsung infringes on their right
Click to expand...

No it's not legal, it's called Libel and has been illegal since the beginning of the British legal system; a legal system that's made up pretty much every civilised country's legal system since it's inception.
 
spyguy10709

spyguy10709

macrumors 65816
Apr 5, 2010
1,007
658
One Infinite Loop, Cupertino CA
muckydoggy1 said:
If you were really British, you'd have spelt it 'arse' so I'm beginning to speculate over your nationality.

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No it's not legal, it's called Libel and has been illegal since the beginning of the British legal system; a legal system that's made up pretty much every civilised country's legal system since it's inception.
Click to expand...


How is it LIBEL? It's a true statement. It's simply a quote from a judge. From the OS X dictionary - " a published false statement that is damaging to a person's reputation; a written defamation. "
 
kdarling

kdarling

macrumors P6
Jun 9, 2007
17,373
5,924
First university coding class = 47 years ago
There seems to be some confusion on the part of some posters.

The Appeals Court is not worried about Apple quoting the original judge's remarks.

They were concerned that Apple was continuing to try to mislead people, by adding this comment on their website:

"However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple's design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple's far more popular iPad."

- Apple
Click to expand...

In actuality, the German case was NOT about the iPad, but the generic registered Community Design. Moreover, the US jury found that the Samsung tablets did NOT infringe on the same Apple design patent. So the statement was pretty incorrect. Apple even admitted it on their website:

“On 25 October 2012, Apple Inc. published a statement on its UK website in relation to Samsung's Galaxy tablet computers. That statement was inaccurate and did not comply with the order of the Court of Appeal of England and Wales. The correct statement is at Samsung/Apple UK judgement."

- Apple
Click to expand...

Trying to mislead people was the same reason why the judge decided that Apple had to post the ads in the first place:

"(Having created the confusion,) Apple itself must make the position clear: that it acknowledges that the court has decided that that these Samsung products do not infringe its registered design.

"The acknowledgement must come from the horse's mouth."

- High Court
Click to expand...
 
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TAFuk

macrumors newbie
Nov 5, 2012
1
0
United Kingdom
A Forced Apology from a petty Judge = Meaningless

What bollocks! Apple should never say sorry, what's the point... Are they actually sorry, do they mean it even if they publish it?? No! That uk judge is just an idiot!:eek:
 
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samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
TAFuk said:
What bollocks! Apple should never say sorry, what's the point... Are they actually sorry, do they mean it even if they publish it?? No! That uk judge is just an idiot!:eek:
Click to expand...

They weren't ordered (at least originally) to write an apology. They were ordered to issue a statement stating that Samsung didn't infringe.

Do you know anything about the judgement and/or have you read this thread. or did you just skip to the end and post "drivel" ?
 
JForestZ34

JForestZ34

macrumors 6502a
Nov 18, 2007
934
233
TAFuk said:
What bollocks! Apple should never say sorry, what's the point... Are they actually sorry, do they mean it even if they publish it?? No! That uk judge is just an idiot!:eek:
Click to expand...

And I'm sure you'd feel that way if Samsung had to write or type something like this up. Your feeling this way because apple was wrong and you don't like to swallow it


James
 
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chris7777

macrumors 6502
Nov 27, 2008
287
0
So let me get this straight, Judge Robin Jacob, did not have any problem whatsoever with Samsung's blatant copying of Apples products, packaging, and advertising. But, he had a huge problem when Apple copied his ruling verbatim?
 
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samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
chris7777 said:
So let me get this straight, Judge Robin Jacob, did not have any problem whatsoever with Samsung's blatant copying of Apples products, packaging, and advertising. But, he had a huge problem when Apple copied his ruling verbatim?
Click to expand...

Apple didn't copy his ruling verbatim. Try and keep up.
 
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chris7777

macrumors 6502
Nov 27, 2008
287
0
samcraig said:
Apple didn't copy his ruling verbatim. Try and keep up.
Click to expand...
Not in entirety, talk about a nit picking. I assume you must be a Samsung fanboy. I don't necessarily agree with everything in the lawsuit, but when I see Samsung players side by side with ipod touches and the only major differentiation on the boxes is apple and Samsung. Only a few people would sit and argue that one is not trying to cash in on the others popularity.
 
NoMoreSony

NoMoreSony

macrumors member
Apr 18, 2012
97
4
Wow! It was extremely bad idea for Apple to joke about UK court order. And now, they have to pay more -

http://gizmodo.com/5959509/apples-g...l-fees-because-it-didnt-apologize-well-enough

"And Apple's apology to Samsung as order by the UK court just got even messier. After posting an apology they had to rewrite, and then pushing the rewritten one down the page with Javascript, a UK court has ordered Apple to pay Samsung's legal fees in full to even things out.

The Court of Appeal of England and Wales has ordered Apple to pay Samsung's legal fees on an "indemnity basis," saying that Apple's initial apology was "false and misleading" by virtue of referring to other cases outside of the UK (which Apple had won) to spin the whole thing in a sort of positive way. Typically losers already have to pay for the court costs of the winner in the UK, but this ruling takes that to the fullest extent of the law by basically extending it to cover every nickel and dime. It's intended to serve as a little punishment to Apple for being rather snide about the whole thing. This should bring the whole saga to a close. Hopefully. "

It's a right time to find a guilty persons within Apple and let them follow for Forstall and Browett. Childs with their childish jokes have to go home.
 
S

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
chris7777 said:
Not in entirety, talk about a nit picking. I assume you must be a Samsung fanboy. I don't necessarily agree with everything in the lawsuit, but when I see Samsung players side by side with ipod touches and the only major differentiation on the boxes is apple and Samsung. Only a few people would sit and argue that one is not trying to cash in on the others popularity.
Click to expand...

Assume away. It would only indicate you inability to acknowledge that there are people that can be technological agnostic. Fanboy is a terrible hyperbolic statement. And overused to the point cliche. Especially for an opinion that differs from your own. Surely you can argue your point without make the opponent some extreme on some "scale."

Further - My home is almost entirely Apple (2 imacs, 2 apple tv's, an iPad, a few iPods, a MacBook Pro, 2 iPhones). I have a samsung LED-LCD tv and also a Skyrocket phone. We also have 2 kindles.

Clearly I'm an Apple, Samsung and Amazon fanboy. I must be since I own their tech right? :rolleyes:
 
wikus

wikus

macrumors 68000
Jun 1, 2011
1,795
2
Planet earth.
LMFAO! This was the best news story I've read in a long time. Too bad it didnt make headlines elsewhere. Absolutely hilarious to see Apple try and troll the system only to get slapped and forced to abide by the law.

Oh man, I've been waiting a long time for Karma to bite Apple right back in the a$$. Long overdue for their all their shady practices.
 
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