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It appears from the email correspondence and the actual agreement that between the two, the name of the company was changed in the legal agreement from Proview Technology to Proview Electronics, even though it was signed by a representative of Proview Technology. The Chinese subsidiary (Proview Technology), owner of the Chinese trademark, agreed in its emails to sell that trademark to Apple's shell company. However, when it drafted its legal agreement, Proview Technology changed the name on the agreement to Proview Electronics, the Hong Kong subsidiary that did not own the trademark. This was a clear effort to mislead Apple's representative, and in most courts, would be considered fraud. Proview Technology knowingly misrepresented itself on the written agreement as Proview Electronics, fully aware that Apple was intending to purchase the rights from the legal owner, Proview Technology. To me, this looks like signing a legal document with someone else's name, then claiming it is invalid because it is not your signature on the document. It is unfortunate that Apple's lawyers missed the name change on the document, because catching this deception would have left Proview Technology no evidence to support its claim. Essentially, Proview Technology sold Apple a counterfeit trademark agreement, and then sued Apple for stealing the trademark that was the subject of the false agreement. Proview Technology claims that Proview Electronics made the sale without its consent, but it is clear from the correspondence that it was Proview Technology, not Proview Electronics, that Apple's shell company was dealing with. To be honest, I find it amazing that even China's corrupt courts sided with Proview Technology on this matter.

I have been told that in the UK, if you sign a contract using a false name, the contract is nevertheless valid; it is the signing of the contract and not the use of the correct name that makes it valid, and it is the person who signed, and not the person whose name was used, who entered the contract.

It is supposedly also not illegal to do this, except if you used the false name in order to try to breach your contract without consequences. In which case it would be fraud. Which would be the case here.
 
I do wonder how much $2 billion really is to Apple. I mean, they're sitting on something like $90 billion in the bank, does losing 2 billion really mean anything?
 
About 10% of the MIT undergraduate body is international, and 37% of graduate students. Of the international students, 51% are Asian. So maybe 5% of undergraduates and 18% of grad students are Asian international students, more or less.

If you actually were on the MIT campus, perhaps you eyeballed a lot of Americans of Asian descent and assumed they were foreigners. If so, some self-assessment may be in order.

In any case, traditionally most international students have subsequently settled in the US temporarily or permanently, contributing their expertise to the US economy. That's slowed a great deal since 9/11, primarily as a result of a major increase in immigration restrictions and red tape.

WTF? did you just tell us to reasses ourselfs for not knowing the differene between American Asians and Asian Asians? LOL
 
How did you get this!?!?!?! How are you not subject to some NDA?

He linked his source, "AllThingsD" Where they got it, I don't know. But they have some more interesting things on there. Emails from Proview CHINA saying that they accepted the offer. Then another one saying that their parent company has to sign off on it since they own it and it should be done in Taiwan because that is where they are.

Clear cut case of extortion. The CEO of Proview China should be arrested.
 
Long Story Short: The Chinese aren't kicking our butts. You just won't see cheap labor in Engineering in the US because we know our self-worth and most of the folk working in those Manufacturing Plants aren't ABET certified holders of a B.S. in Engineering. They are certified and trained to assemble and test advanced electronic system.

...and the US has a higher standard of living, and cost of living. But mostly because those in the US have a choice; with many employment options more rewarding than in manufacturing.

"Low skill" manufacturing is as good as dead in most 1st world countries, not just in the US.

It appears from the email correspondence and the actual agreement that between the two, the name of the company was changed in the legal agreement from Proview Technology to Proview Electronics, even though it was signed by a representative of Proview Technology. The Chinese subsidiary (Proview Technology), owner of the Chinese trademark, agreed in its emails to sell that trademark to Apple's shell company. However, when it drafted its legal agreement, Proview Technology changed the name on the agreement to Proview Electronics, the Hong Kong subsidiary that did not own the trademark. This was a clear effort to mislead Apple's representative, and in most courts, would be considered fraud. Proview Technology knowingly misrepresented itself on the written agreement as Proview Electronics, fully aware that Apple was intending to purchase the rights from the legal owner, Proview Technology. To me, this looks like signing a legal document with someone else's name, then claiming it is invalid because it is not your signature on the document. It is unfortunate that Apple's lawyers missed the name change on the document, because catching this deception would have left Proview Technology no evidence to support its claim. Essentially, Proview Technology sold Apple a counterfeit trademark agreement, and then sued Apple for stealing the trademark that was the subject of the false agreement. Proview Technology claims that Proview Electronics made the sale without its consent, but it is clear from the correspondence that it was Proview Technology, not Proview Electronics, that Apple's shell company was dealing with. To be honest, I find it amazing that even China's corrupt courts sided with Proview Technology on this matter.

Sounds pretty duplicitous - though from a moral point of view it doesn't strike me as much worse than what Apple was doing. Apple were attempting to hide the buyer, Proview were attempting to hide the seller.
 
I wonder how much the cost of legal crap such this adds to the price we pay for the finished products?
 
Sounds pretty duplicitous - though from a moral point of view it doesn't strike me as much worse than what Apple was doing. Apple were attempting to hide the buyer, Proview were attempting to hide the seller.

Quite different. What Apple was doing was hiding the entity that would eventually end up with ownership. Technically they didn't hide who the buyer was; the buyer was the shell company. The shell company then turns around and transfers ownership to Apple; that is a completely independent process and has nothing to do with the sale. That's what most retailers do; you go to Walmart to buy something, you don't know who they purchased it from, you don't care. You could also buy it from them and resell it to someone else, they don't care.

What Proview did was to mis-represent what they owned. The paper trail shows that Apple tried to acquire it from Proview China, who agreed to the sale. But then told them that they didn't own it, Proview-Taiwan did. So the sale then went on through Proview Taiwan (along with HongKong and China). Afterwards Proview China saying, Opps no, we own it even though we agreed to sell it to you, we signed the contracts, but changed our mind after you paid us.

Sellers regret. But not totally in-different then walking onto a car lot and selling cars, taking the cash for them but, you don't work there and are not authorized to sell them but do so anyway.
 
Unfortunately, it's not just cheep labor. China has tens of thousands of engineers that Apple needs and uses to ensure manufacturing capability and capacity. The USA and other countries don't have this capability.

(Walk the MIT campus some day and note the percentage of American students. It's mostly oriental and Indian students. Our college prep is third rate compared to china and India, and it's getting worse)

did you just say "oriental"? Bhahahahahahahahahahaaa
 
...Also, Apple tried to get out of this cheap with an anonymous shell company. Clever, but it has backfired on them. Perhaps they should have taken that first $10 million offer from Proview Parent.

Apple didn't play any clever tricks. They were trying to keep their plans secret. The name iPad had limited value until apple produced the product, the popularity of that product increased the value of the name.
 
Unfortunately, it's not just cheep labor. China has tens of thousands of engineers that Apple needs and uses to ensure manufacturing capability and capacity. The USA and other countries don't have this capability.

(Walk the MIT campus some day and note the percentage of American students. It's mostly oriental and Indian students. Our college prep is third rate compared to china and India, and it's getting worse)



oriental......
 
Apple should just sue them for the same amount on the imac copy pic another member posted, and they should try to sue for around 2 billion as well let proview sweat a bit.
 
Unfortunately, it's not just cheep labor. China has tens of thousands of engineers that Apple needs and uses to ensure manufacturing capability and capacity. The USA and other countries don't have this capability.

(Walk the MIT campus some day and note the percentage of American students. It's mostly oriental and Indian students. Our college prep is third rate compared to china and India, and it's getting worse)



Not always the case as the nation was built with tens of thousands, but when you start shipping jobs overseas this happens.
 
They should just change the name to daPi for the Chinese market, and be done with the whole thing. :D

----------

Funny, but if the buyer is Acme, the cost is $55K, if it's Apple its $100M. How can you blame Apple for the shell company method?

Exactly, you should read the history of Disney's "Florida Project," and what happened to swamp value when it was finally revealed that Disney was behind all the land purchases.
 
This same crap was said in the 90s. As a Mechanical Engineer and Computer Science recipient I noticed a lot of Asians in the first two years and a considerable drop in the senior year curriculum.

What I did see and watched transpire and subsequently see a few expulsions were Chinese students plagiarizing and cheating on exams.

My Thermal Systems TA caught on when we just had an exam and these students complained they got the same answer but their score was lower than the actual guy who solved the problems for them.

He pulled a 15 stage Thermal System from the book, put it on the board and asked the kid to show him how to solve the same criteria that was on the exam.

The kid kept yapping on about how he got the same score until the TA bluntly said, ``You all cheated. Solve this problem right now and I'll raise your score.''

Each one walked out.

We all laughed.

Come Senior year I had a Chinese kid on my team who couldn't speak a lick of English and his knowledge of Axial Flow Fans [applied Fluid Dynamics] was crap.

He did absolutely nothing on the projects and he was one of the one's who made it to the senior level undergrad status.

The top kids in Machine Design were myself and 6 other Americans. We all decided to form a team ensuring we wouldn't get any free loaders.

My favorite professor, a Pakistani also related stories of his friends back in Pakistan now going to MIT while he himself then the top Nuclear Engineer for Pakistan decided to get his own PhD in Nonlinear Dynamics [at Washington State University] told of the rampant cheating across the board, from all nations. Those same friends with MIT diplomas eventually never entered the Industry.

As our Professor:

He gave us 6 hours to finish our final. Open Book, Open Note. You either got it or you didn't. His class was awesome.

He's still a dear friend and he's the head Nuclear Engineer down in the Tri-Cities. People didn't waste their time cheating in his classes [Machine Design, Kinematics, Nonlinear Dynamics], because he taught it to you 3 ways and gave you lecture notes.

Long Story Short: The Chinese aren't kicking our butts. You just won't see cheap labor in Engineering in the US because we know our self-worth and most of the folk working in those Manufacturing Plants aren't ABET certified holders of a B.S. in Engineering. They are certified and trained to assemble and test advanced electronic system.

If politics were removed from the equation the Chinese would be coming to the bargaining table ready to strike a deal about fair trade hoping we don't entice our corporations to leave in droves.

None of this has a darn thing to do with the Legal case, including your own rant about the Orientals.

Apple has the finest Law Team in the Globe and this company will lose.



You said it best and made lot's of common sense. The U.S can stop it all if the political will was on tap.
 
You said it best and made lot's of common sense. The U.S can stop it all if the political will was on tap.

Don't kid yourselves.

I work in the life sciences and medical research. All I can say is that China is investing amounts of money into their research that would make all western nations googly-eyed. Tons of Chinese scientists who were trained abroad are going back to China to run these labs and get their already excellent educations systems in even higher gear. Now that they have the research institutes they don't have to send their students abroad anymore.

Listening to science big shots in the US, they all hope to be retired by the time China takes over around 2020. Mark my words.
 
Don't kid yourselves.

I work in the life sciences and medical research. All I can say is that China is investing amounts of money into their research that would make all western nations googly-eyed. Tons of Chinese scientists who were trained abroad are going back to China to run these labs and get their already excellent educations systems in even higher gear. Now that they have the research institutes they don't have to send their students abroad anymore.

Listening to science big shots in the US, they all hope to be retired by the time China takes over around 2020. Mark my words.



Really? Takes over what? China has invented not a damn thing!! It's all a tech transfer, then they copy it and sell the product as their own.
 
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0_1 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Version/5.1 Mobile/9A405 Safari/7534.48.3)

Wouldn't it be crazy if Proview turns out to be a shell corp for Pystar? :p
 
I wonder how much tax the Chinese government would get from a payout. I suspect that this is what is behind it.

Apple pays out the 1.5 billion the company is wanting and their government makes 500 million in tax revenue.

Seems like a shake down.
 
Unfortunately, it's not just cheep labor. China has tens of thousands of engineers that Apple needs and uses to ensure manufacturing capability and capacity. The USA and other countries don't have this capability.

(Walk the MIT campus some day and note the percentage of American students. It's mostly oriental and Indian students. Our college prep is third rate compared to china and India, and it's getting worse)

If their systems are so great why are they coming here to our schools. The literacy rate in china is awful below 80%. Some estimates even put it as low as 50-60 percent. Don't take the governments numbers either which is are still significantly lower than the US, Japan, Europe, and other first world countries. They are not accurate and they do not test everyone as is done in the United States.
 
If Proview owes the bank of China cash then its going to cost Apple until that is sorted. Apple should try paying their loan back { if its not to large } and see if the Chinese courts do anything of a change of heart....plus it would screw over Proviews little extortion attempt, depending how much the loan was.
 
It's not exactly . . . kosher.

http://en.wikipedia.org/wiki/Orient

"Because of historical discrimination against Chinese and Japanese, in some parts of the United States, the term is considered derogatory; for example, Washington state prohibits use of the word "Oriental" in legislation and government documentation, preferring the word "Asian" instead."

Really? Asian, can also refer to people form India, Pakistan, Turkey, etc.
Should he have gone with Chinks instead?
 
...and the US has a higher standard of living, and cost of living. But mostly because those in the US have a choice; with many employment options more rewarding than in manufacturing.

"Low skill" manufacturing is as good as dead in most 1st world countries, not just in the US.



Sounds pretty duplicitous - though from a moral point of view it doesn't strike me as much worse than what Apple was doing. Apple were attempting to hide the buyer, Proview were attempting to hide the seller.
Actually, Proview misrepresented who the seller was and who the owner was. Apple did not openly declare itself as the buyer, but this is not misrepresentation, but standard operating procedure in business, attempting to avoid paying a premium above the market value for a purchase. It was probably fairly evident who the buyer was, in any case, given Apple's penchant for iNames.
 
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