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Australian Retailer Ready for 'Cat and Mouse' Game with Apple over Galaxy Tab Sales

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MacRumors

macrumors bot
Original poster
Apr 12, 2001
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Late last month, we noted that Apple had begun notifying Australian resellers of the Samsung Galaxy Tab 10.1 of the injunction prohibiting the sale of the device in that country. While the injunction applies only to Samsung, Apple's notice of infringement would make it easy for the company to target the retailers with separate suits.

dmavo_galaxy_tab_sales.png



dMavo's note of defiance on its Galaxy Tab 10.1 order page
(Note has been removed since this weekend)​
But The Sydney Morning Herald reports that at least one retailer is prepared to stand up to what it believes is a bluff on Apple's part, taking steps to engage in a cat and mouse game with the company.
At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.

"We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday," dMavo managing director Wojtek Czarnocki said.

"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it."
Click to expand...
Czarnocki notes that the changes imposed very little cost for his company while opening the door for a flood of sales with the injunction against Samsung itself hampering supplies from other channels. dMavo has indeed been experiencing server troubles over the past few days, as interest in the company's offerings and the publicity surrounding its stand against Apple has tested its capacity.

One patent attorney consulted by The Sydney Morning Herald suggests, however, that dMavo may have opened itself up to significantly more risk with the moves demonstrating its open defiance of the injunction. If dMavo's Galaxy Tab revenue is shown to funnel back to Australia in any way or have other connections to Australian companies, the company could be found liable for infringement.
[Patent specialist Mark] Summerfield said Apple might now be compelled to take action to avoid appearing weak. He said Australian judges would not look kindly on dMavo's attempts to bypass the injunction and "are almost obliged to find some way to punish it to ensure that the courts retain their authority".
Click to expand...
For its part, dMavo is banking on a November 25th court date for Samsung's appeal of the injunction, hoping that Samsung can win its case and have the injunction lifted before Apple can come after dMavo.

Article Link: Australian Retailer Ready for 'Cat and Mouse' Game with Apple over Galaxy Tab Sales
 
Article Link
https://www.macrumors.com/2011/11/08/australian-retailer-ready-for-cat-and-mouse-game-with-apple-over-galaxy-tab-sales/
johncrab

johncrab

macrumors 6502
Aug 11, 2011
341
0
Scottsdale, AZ
I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything. I've shared this philosophy because I know what happens to those at the top. They have everyone shooting at them. The one thing human society hates more than a loser is a winner and they seek to bring them down. Look at Microsoft. Without Bush's intervention, it would have been broken up. Martha Stewart made a fortune from nothing and yes, she had to be brought down. Apple is now in the unenviable position of leader in a number of categories with the whole world shooting at it and based on the past, this does not bode well for the future. But what does one do? Hobble one's self?
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
They will, however, bow down to the courts.

. . . of the injunction prohibiting the sale of the device in that country.
 
Abyssgh0st

Abyssgh0st

macrumors 68000
Jan 12, 2009
1,888
8
Colorado
The bravery is respectable, and the stupidity observable. Good luck, retailer v.s. (1st or 2nd) most valuable company in the world.
 
J

jsbaugh

macrumors 6502
Jun 19, 2009
276
0
Hey dMavo, nobody buys Android tablets so don't waste your money fighting Apple on this.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
johncrab said:
I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything.
Click to expand...

Except for sales and profits. Apple is a business.

Try saying that in a shareholders meeting: "Guys, let's not be #1. Let's hang back and be somewhere in the middle. Cool?"

Might as well pick out the cardboard box for your stuff that same night.

Being at the top naturally entails risk. You either manage it and continue innovating and growing, or you don't. That's business.

Let's get real. How many also-rans wouldn't kill to be in Apple's place?



----------
Abyssgh0st said:
The bravery is respectable, and the stupidity observable. Good luck, retailer v.s. (1st or 2nd) most valuable company in the world.
Click to expand...

Looks like an Aussie version of Psystar. We all know how stuff like that turns out.
 
I

ivan2002

macrumors regular
Aug 8, 2010
103
2
johncrab said:
I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything. I've shared this philosophy because I know what happens to those at the top. They have everyone shooting at them. The one thing human society hates more than a loser is a winner and they seek to bring them down. Look at Microsoft. Without Bush's intervention, it would have been broken up. Martha Stewart made a fortune from nothing and yes, she had to be brought down. Apple is now in the unenviable position of leader in a number of categories with the whole world shooting at it and based on the past, this does not bode well for the future. But what does one do? Hobble one's self?
Click to expand...

What a bunch of nonsense. No one "brought down" Martha Stewart. She committed a crime, served her time, and she is now as popular as ever.

As for Microsoft, you need to understand that there is a difference between being #1 in fair competition and becoming a monopoly by stifling the competition. There cannot be #1 if there aren't any rules. Microsoft had to abide, just like everyone else has.

Finally, in this particular case, it's Apple who is trying to bring down Samsung.

Also: who is it that said "I will destroy Android"?
 
acidfast7

acidfast7

macrumors 65816
Nov 22, 2008
1,437
5
EU
johncrab said:
I find it interesting in reading the Steve Jobs book that Wozniak's dad always taught Woz to hang in the middle, never be #1 or at the top of anything. I've shared this philosophy because I know what happens to those at the top. They have everyone shooting at them. The one thing human society hates more than a loser is a winner and they seek to bring them down. Look at Microsoft. Without Bush's intervention, it would have been broken up. Martha Stewart made a fortune from nothing and yes, she had to be brought down. Apple is now in the unenviable position of leader in a number of categories with the whole world shooting at it and based on the past, this does not bode well for the future. But what does one do? Hobble one's self?
Click to expand...

You should read up on Jantelagen.

http://en.wikipedia.org/wiki/Jantelagen
 
RafaelT

RafaelT

macrumors 65816
Jun 9, 2010
1,169
15
NM
I have a feeling that this will not end well for dMavo if they continue to press the issue.
 
acidfast7

acidfast7

macrumors 65816
Nov 22, 2008
1,437
5
EU
Also, this is good for the consumer. Competition is good.

In addition, after playing with both, I have to say that I find the Galaxy tab more useful and configurable than the iPad.

However, even as a diehard apple fan, I still find the whole iPad concept totally useless for 99% of people, especially with the cost of a MBA + USB LTE being not much more than an iPad (949€ vs. 799€).
 
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
Wirelessly posted (Mozilla/5.0 (Linux; U; Android 3.2.1; en-us; Xoom Build/HTK75D) AppleWebKit/534.13 (KHTML, like Gecko) Version/4.0 Safari/534.13)

Successful publicity stunt is successful.

The fact that Samsung has said they will not honour warranty on these imported units would put me off immensely.
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
acidfast7 said:
However, even as a diehard apple fan, I still find the whole iPad concept totally useless for 99% of people,
Click to expand...

If you were a "diehard apple fan", you would have immediately understood its significance, both present and future, when Steve was comfortably swiping around on it in an easy-chair onstage.
 
I

iIngo

macrumors newbie
Jun 9, 2011
2
0
free choice

You all are missing the point. apple is telling YOU what to do and what not to do. Their iproduct is superior. Shouldn't that be enough?
 
S

samcraig

macrumors P6
Jun 22, 2009
16,779
41,982
USA
*LTD* said:
If you were a "diehard apple fan", you would have immediately understood its significance, both present and future, when Steve was comfortably swiping around on it in an easy-chair onstage.
Click to expand...

What a ridiculous statement. Someone can love Apple and what they do and not like every single product.

And who says he doesn't understand anything - he just finds the device, in his opinion, not of much use to 99 percent of the people. Whether he's accurate or not - it's his opinion. That doesn't mean he doesn't get it. Nor does it mean that he's any less of an Apple fan because he doesn't praise the device as the jesus tablet...
 
Shrink

Shrink

macrumors G3
Feb 26, 2011
8,929
1,727
New England, USA
Right or wrong, Apple is going to try to crush the competition - or in this case, someone who wants to challenge them in court. The shareholders, to whom the company has a legal responsibly to maximize profits and minimize competition and legal challenges, would raise holy hell (and all kinds of SEC crap) if Apple didn't respond.

This company challenging Apple will feel the wrath of god fall upon it.

Whether this is good or bad is, IMO, not the point - it is a reality of capitalism.

An argument of the merits or lack of them regarding capitalism is fodder for another thread.
 
Simplicated

Simplicated

macrumors 65816
Sep 20, 2008
1,422
254
Waterloo, Ontario, Canada
iIngo said:
You all are missing the point. apple is telling YOU what to do and what not to do. Their iproduct is superior. Shouldn't that be enough?
Click to expand...

Hi, while banning the product from selling somewhat stifles free choice, let's not forget Samsung completely copied the iPad. Shouldn't violation in copyright be taken into account too?
 
T

ThanksSteve

macrumors member
Oct 19, 2011
66
0
The dMavo site is down.

dMavo should be concentrating on having a server that can handle all this free publicity it received.
 
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