Apple Wins One-Week Extension of Galaxy Tab Sales Ban in Australia

[KnightWRX]

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This is getting ridiculous. The Samsung Galaxy Tab isn't an iPad clone. It's also ludicrous to think that consumers would somehow be confused or even choose the Tab over iPad (in substantial quantity). This pointless litigation is retarded.

This litigation is not about the Tab being an iPad clone or not. How many times will this require repeating :

The Australian case is not about Look and Feel.

There now, clearer ? The Australian case is about patents, 2 of which are :

- Capacitive touch screen manufacturing process
- 1 particular Multi-touch Gesture.

How such precise patents that have yet to be ruled on (no one has yet been found in infringement nor have the patents been even ruled on as valid or invalid as neither side as yet to present any arguments on the validity or the infringement of said patents) but warrant an injunction is beyond me. It seems to me the courts should concentrate on the real case rather than this silly injunction.

 

[gnasher729]

While the Apple fan inside me is having a party for this, as an IT manager and a consumer I got to say ouch for Samsung and Australian consumers! If Apple ends up dominating the market not just in sales (as it is now), but also being the only player, some retailers and local shops may start selling iPads way over their suggested prices -which in some countries already are.

Not "ouch" for Australian consumers. If Samsung is forced to do their own product design instead of copying Apple, they will surely come up with some innovative design and actually give Apple some competition.

The thing you say about shops selling iPads way over their suggested price - that wouldn't be about competition between Apple and Samsung, but competition between different shops.

Who says Apple is trying to stop them all? Apple is objecting to outright copying of their patents. While there will be other tablets, they will need to be designed and developed ethically and with originality.

What Apple _actually_ does object to is copying of the iPad design. That is the _reason_ why the try to stop Samsung, and don't try to stop others. The patents that they complain about in Australia is just the tool. I am sure that there are other tablets where Apple _could_ sue (whether successfully or not is another question) but they don't as long as the iPad design isn't copied.

The topic was... Android has more market share... but developers make more money on iOS.

There is a reason for that. Let's say I need to buy a new phone because my old one breaks down. And I don't really want to play games, look at the internet etc., I just want to make phone calls. I looked a bit around, and for £25 I can get a horribly ugly phone that makes phone calls. For £60 (£80 minus £20 in vouchers) I can get a phone that looks a lot nicer, not quite as nice as the iPhone 4, but a lot lot nicer than the £25 phone. And that phone happens to have Android installed. (All prices for pay-as-you-go, no subsidies whatsoever). Since I can afford to pay £35 more to get a phone that looks nice, I'll do that. So Android "market share" has gone up. But I'm not going to buy any apps for that phone; it's there for phone calls.

 

[PlipPlop]

Not "ouch" for Australian consumers. If Samsung is forced to do their own product design instead of copying Apple, they will surely come up with some innovative design and actually give Apple some competition.

The thing you say about shops selling iPads way over their suggested price - that wouldn't be about competition between Apple and Samsung, but competition between different shops.

Read the post above yours.

 

[KnightWRX]

Not "ouch" for Australian consumers. If Samsung is forced to do their own product design instead of copying Apple...

You didn't read my post just above yours ? *sigh*, really, there's nothing to do with some of you, you'll never understand what these cases are about.

Why you feel the need to inject in these conversations when you have no clue about the issues is quite beyond me.

 

[AppleScruff1]

It would be deliciously hilarious if Samsung misses most of the holiday season shopping. Even when Apple seems to be losing a round they're still doing major damage.

I'll bet you'll be rolling on the floor laughing, while you enjoy your Samsung parts in your Apple products.

BS! Apple is just defending their rights. What a lot of people seem to say is, "Goliath doesn't have any rights because he's Goliath."

Their rights to a black rectangle?

I hope that the law requires Apple to pay Samsung for every penny of losses plus cost of enforcing and then some for the injunction.

The losses would be for ever possible loss sale Apple has to pay Samsung for them. If say Samsung would of sold say 100k tablets Apple would need to pay them $40,000,000,000 in damages in just lost sales, and on top of that they would need to add any other cost for Samsung to run it.. That would be $400 per tablet.

Samsung deserves every penny of loss sales if the injunction is not held up and Apple should be the one to pay it.

Absolutely. What's good for the goose is good for the gander.

 

[jca666us]

While the Apple fan inside me is having a party for this, as an IT manager and a consumer I got to say ouch for Samsung and Australian consumers! If Apple ends up dominating the market not just in sales (as it is now), but also being the only player, some retailers and local shops may start selling iPads way over their suggested prices -which in some countries already are.
From a legal perspective this case can indirectly/directly effect all the other legal wars in the EU and USA between Apple and other tablet makers, ending up that "cheaper entry-level" iPad that is rumoured even more distant and unlikely as Apple won't need it if it's the only tablet seller!
Still the fanboy inside me says: GO APPLE!

Or, Samsung could attempt to innovate without blatantly copying apple design elements.

In that case, we all win.

 

[simpleankit]

Or, Samsung could attempt to innovate without blatantly copying apple design elements.

In that case, we all win.

So can you enlighten me what design elements are part of Australian Case.

 

[Sora]

The ban is unwarranted. Hopefully Apple will focus more on innovating and less on lawsuits.

The ban is warranted. Samsung should focus more on innovation and make a Tablet that is unique to their culture based on some good ole fashioned hard work through R&D. Lazy bastards if you ask me to just copy what someone else is doing. Where's the innovation in that?

 

[Oletros]

The ban is warranted. Samsung should focus more on innovation and make a Tablet that is unique to their culture based on some good ole fashioned hard work through R&D. Lazy bastards if you ask me to just copy what someone else is doing. Where's the innovation in that?

Can you enlighten us and tell what has been copied?

 

[Piggie]

The ban is warranted. Samsung should focus more on innovation and make a Tablet that is unique to their culture based on some good ole fashioned hard work through R&D. Lazy bastards if you ask me to just copy what someone else is doing. Where's the innovation in that?

Do you feel the same way about Ford who one could say "tidied up" the motor car, and created one default one for the masses?

You would agree about Ford taking other makers to court for producing a four wheeled people carrying device powered by an internal combustion engine, four wheels, a wheel you turn to change direction and floor pedals to control the engine.

 

[Sora]

I am an Apple user. I like my Apple products. I also like my Samsung products, my Sony products, my Dell products, my HP products. If I didn't, I'd sell them and buy different stuff. Liking one does not mean I have to hate the other because the CEO of the company said so. It also does not mean I need to pick sides. I make far less money in a year than these corporations. If they want me to be a poster boy for them, they can write me a check. Until then, I'm free both criticize and congratulate them as I see fit depending on their actions.

Dude, so am I. I have an iPhone 4S, Mac mini, MacBook Pro. But I also have a Samsung flat screen, receiver, speakers and blu-ray player.

However, I feel the opposite. I love what Apple is doing. Apple is teaching the little red-headed step-child a lesson by beating her in the court room for copying the homework of another student.

Samsung needs to innovate, even if they copy an idea....do not skip the all important step of innovation. Push what you copied to the next level. We would not be here if Samsung decided not to release their product which infringed on Apples patents. That is a fact - not an opinion. Instead of using gestures, use a hand tracking device that plugs into a USB port or something - or have it mounted on the screen.

Bottom line is we are here. They rolled the dice and they got caught. It doesn't matter if sales of the Galaxy Tab aren't going to hurt Apples sales.
With that logic i'm going to create a company called GNUSMAS and i'm going to sell a device that looks like the Galaxy Tab except I'm going to call it the YXALAG Tab. Samsung shouldn't sue me because the sales of my device won't hurt their company. Really? Is that the strength of your logic? Logic Fail.

I understand that you hate big Apple now pushing around Samsung, but the bull was invited to this party when Samsung sent the infringement invitation. Now Samsung needs to deal with the horns.

 

[Piggie]

With that logic i'm going to create a company called GNUSMAS and i'm going to sell a device that looks like the Galaxy Tab except I'm going to call it the YXALAG Tab.

Yes, please do. Customers (That's all of us) benefit from a wider choice of things to select from. Many of us like to pick our own device that does and look the way we like it to.

Just make sure you:

Make it a different shape to the Samsung Tablet.
Make the screen resolution different
Use totally different internal circuitry with a different CPU and GPU unit.
Use a totally different operating system with a different user interface.
Fit different spec camera's on the front and back of the device.
Perhaps even change the speak location.
Oh yes, and print your name on the front and back of it.

I can't see anyone who does not have some mental issues having any problems with you making such a device.

 

[OneOkami]

Because of your hate towards other companies you wrongly think that anything different from your thoughts is hate towards Apple.

By the way, a great example of my previous comment. No one rational can make such claims full of hate and wrong facts

Well said sir/mam. I've been scanning this thread and have noticed a very obvious correlation to posts that defend and/or praise Apple in any way given a net positive vote, but at the same time posts that lack praise of Apple in favor of objective, rational thought are given a net negative vote. In my eyes, that is an big sign of the difference between fans and fanboys. I realize this is a Mac site but I'd still hope there is enough maturity here to respect views that don't necessarily place Apple on such an immaculate pedestal.

And for saying that I fully expect this post to be downvoted as well (but I would love to be proven wrong).

 

[Sora]

Do you feel the same way about Ford who one could say "tidied up" the motor car, and created one default one for the masses?

You would agree about Ford taking other makers to court for producing a four wheeled people carrying device powered by an internal combustion engine, four wheels, a wheel you turn to change direction and floor pedals to control the engine.

With your logic Benz and Daimler would have to sue Ford for using a internal combustion engine because they developed it first.
Where are you going with this?

BMW engines do not infringe upon Fords engines. Yes they are both internal combustion engines, have valves, cylinders, crankshaft, spark plugs etc, but that is about all they have in common. Placement, position, length, material, size etc, are all different and you can see very clearly the craftsmanship of a BMW engine vs that of a Ford.

I'd like to see you get a patent for the "wheel", and for the "fire" that necessary to create a combustion engine.

 

[samcraig]

If the ban fails to "stick" - Apple should be liable for loss of sales. Ethically speaking not legally speaking.

Just like other companies are (in some foreign countries) forced to put up a "bond" - Apple should be held accountable as well.

Again - not legally speaking - but ethically.

And no - this isn't an anti-Apple post. This is an anti-waste-the-courts-time-post-and-interfering-with-a-company-doing-business post.

 

[Sora]

Well said sir/mam. I've been scanning this thread and have noticed a very obvious correlation to posts that defend and/or praise Samsung/Apple in any way given a net positive vote, but at the same time posts that lack praise of Samsung/Apple in favor of objective, rational thought are given a net negative vote. In my eyes, that is an big sign of the difference between fans and fanboys. I realize this is a Mac site but I'd still hope there is enough maturity here to respect views that don't necessarily place Samsung/Apple on such an immaculate pedestal.

And for saying that I fully expect this post to be downvoted as well (but I would love to be proven wrong).

Why would your post be down voted - your logic is undeniable.

I replaced every instance of where you used "Apple" with "Samsung/Apple" - to make your post more "neutral". In the end they are both companies doing what they think is in their best interest according to each respective business plan.

----------

Yes, please do. Customers (That's all of us) benefit from a wider choice of things to select from. Many of us like to pick our own device that does and look the way we like it to.

Just make sure you:

Make it a different shape to the Samsung Tablet.
Make the screen resolution different
Use totally different internal circuitry with a different CPU and GPU unit.
Use a totally different operating system with a different user interface.
Fit different spec camera's on the front and back of the device.
Perhaps even change the speak location.
Oh yes, and print your name on the front and back of it.

I can't see anyone who does not have some mental issues having any problems with you making such a device.

There is a caveat:

Shape will be the same as the Galaxy Tab
Screen will be 1 inch larger
Resolution will be the same
Internal circuitry will be from Samsung Parts
OS will be Android
Interface will be the same
Camera specs will be par with industry standard
Speaker location will be the same
Name will be placed on the front and back.

And last but most importantly - you won't be able to tell the difference between my device and the Samsung Galaxy Tab from 10 feet away.
And I don't want to be sued. If you sue me, you will have to pay me for my loss of sales due to banning my device from potential customers who want my innovative device.
After all, it's the customers who will suffer if Samsung decides to sue me. They won't be given a choice between buying the Galaxy Tab or my YXALAG Tab.

 

[lukarak]

Do you feel the same way about Ford who one could say "tidied up" the motor car, and created one default one for the masses?

You would agree about Ford taking other makers to court for producing a four wheeled people carrying device powered by an internal combustion engine, four wheels, a wheel you turn to change direction and floor pedals to control the engine.

It is not the same thing. But BMW would take to court a car maker that would make a car with design details they introduced. If someone would make a car with bmw's two separated ovals on the front grille, they would sue. That's what their cars look like, and any car that would look not identical, but similar, would be taken to court.
Tablets didn't look like the iPad before it was introduced. Apple pioneered that design. And they have every right to sue. Do they sue for just that, or find something else that is even more effective in stopping that product to market, doesn't matter. It's not like they are asking samsung to make a circular or octogonal tablet, just that they don't blatantly copy. Like they did with GS and that silver rim, or their chargers, or their product packaging. But not only apple has had problems with Samsung and other Koreans. For example the new Chevrolet Aveo's front end is a blatant copy of the Mitsubishi Lancer 08.

 

[OneOkami]

The anti-iOS crowd sounds identical to the anti-Mac, pro-PC crowd. I just had a major victory with my biggest Windows rival. He just bought a Mac and is now developing for iOS. He figures that's where the App Dollars are.

IMO, as a Computer Scientist who also bought Mac to make iOS applications and addition to Windows Phone applications, the App dollars are on the iOS platform, but the superior development tools are on the Windows Phone platform.

 

[lukarak]

Yes, please do. Customers (That's all of us) benefit from a wider choice of things to select from. Many of us like to pick our own device that does and look the way we like it to.

Just make sure you:

Make it a different shape to the Samsung Tablet.
Make the screen resolution different
Use totally different internal circuitry with a different CPU and GPU unit.
Use a totally different operating system with a different user interface.
Fit different spec camera's on the front and back of the device.
Perhaps even change the speak location.
Oh yes, and print your name on the front and back of it.

I can't see anyone who does not have some mental issues having any problems with you making such a device.

So, by your logic, i would be able to take a striped down ford mondeo, attach a lets say BMW body kit, and interior, and sell it? It would be a little longer than the BMW, a little narrower, with all the different OS running the car and the engine. That would be ok by your standards?

 

[oliversl]

There more than one way to make a tablet, but Samsung choses to make one just like the iPad.

 

[Oletros]

There is a caveat:

Shape will be the same as the Galaxy Tab
Screen will be 1 inch larger
Resolution will be the same
Internal circuitry will be from Samsung Parts
OS will be Android
Interface will be the same
Camera specs will be par with industry standard
Speaker location will be the same
Name will be placed on the front and back.

There more than one way to make a tablet, but Samsung choses to make one just like the iPad.

The Australian cas has nothing to do with the fracking design of the tablet.

Why people doesn't read the threads they post in?

 

[simpleankit]

Samsung needs to innovate, even if they copy an idea....do not skip the all important step of innovation. Push what you copied to the next level. We would not be here if Samsung decided not to release their product which infringed on Apples patents. That is a fact - not an opinion. .

What is a Fact? That Samsung infringes on Apple's patent!

It is what Apple is saying and not anyone else.

Appeals court in Australia has clearly stated that primary judge applied faulty logic while banning tab there and that Apple has very weak case of Patent Infringement.

Even US Judge has expressed concerns over validity of Apple's patents.

 

[roasted]

Apple's view is that they are innovating and Samsung is copying. Which means they are violating trademarks and trade dress. And under US law, Apple has to actively act to stop all such violations of all degrees, locations etc or risk losing said protections.

That said, under Australian law, if the Judge feels that a petitioner will win the final case than he/she can agree to an injunction. Bennett's opinion was yes. This new judge disagreed.

And how much effect will this really have on Samsung's sales. Are they all that huge in areas where the Tab is still on sale. Or is all this grossing over a few dozen units

There's your problem.

 

[Oletros]

Samsung needs to innovate, even if they copy an idea....do not skip the all important step of innovation. Push what you copied to the next level. We would not be here if Samsung decided not to release their product which infringed on Apples patents. That is a fact - not an opinion.

Can you show me the sentence that show that is a fact that Samsung infringes Apple patents?

Instead of using gestures, use a hand tracking device that plugs into a USB port or something - or have it mounted on the screen.

Are you claiming that the only that can have a capacitive multi touch screen is Apple?

 

[roasted]

Samsung needs to innovate, even if they copy an idea....do not skip the all important step of innovation. Push what you copied to the next level. We would not be here if Samsung decided not to release their product which infringed on Apples patents. That is a fact - not an opinion.

A company who has traditionally been notorious for copying other ideas and claiming/patenting them as their own really doesn't deserve to do any finger pointing when they decide they want to sit on the other side of the table.

By the way... It is, actually, just your opinion. That is a fact.