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I see. Well, then it boils down to FRAND. But even so, the Nokia case was more about using certain technology in a certain way (easy user interface or so, don't remember exactly) and this case is about the technical part - basically using the chip by addressing it with software. In other words: Samsung says it would be okay to use the Qualcomm (yes sorry not BroadCom) chip as long as your software does not access it. That is silly. If the hardware producer paid the patent costs and sells the chip, that means the use of it is being payed as well and you use a software layer for it.

No, Nokia case was about radio patents
 
So I guess that you're talking without even read what I was answering and what Dutch and Australian courts have said.

Ps, Dutch courts have said that Samsung doesn't steal Apple DESIGNS and Australian courts have said the same. That's what I was answering.

And yes, Australian courts doesn't have side with Apple, they have weighted who will lose more if an injunction is granted or not.

They banned Samsung Galaxy phones in all of Europe because Samsung didn't copy Apple. Gotcha.

And for Australia? I couldn't find anything other than a blurb quoting intellectual property expert Florian Mueller:

"the Australian ruling nevertheless adds to Apple's 'copycat' story and increases the likelihood of an injunction in the U.S."

Yeah, seems the Australian courts do view Samsung as copycats. Sorry about that.

I can't wait til this hits the US. Wasn't it a US judge who held up a Galaxy Tab and an iPad and asked Samsung's lawyers to identify which was which, and they had problems doing so--from ten feet away!

http://allthingsd.com/20111013/how-...d-and-a-galaxy-tab-dont-ask-samsungs-lawyers/

Epic.
 
These are the people Apple is dealing with.

http://www.nytimes.com/2007/11/20/business/worldbusiness/20samsung.html

New Bribery Allegation Roils Samsung

SEOUL, South Korea, Nov. 19 — Samsung, which has vigorously denied bribery charges in a snowballing corruption scandal, sustained another blow to its image on Monday when a former legal adviser to President Roh Moo-hyun said the company had once offered him a cash bribe.

The former aide, Lee Yong-chul, who also served as a presidential monitor against corruption, said that the money — 5 million won ($5,445) — was delivered to him in January 2004 as a holiday gift from a Samsung Electronics executive, but that he immediately returned it.

Before sending it back, Mr. Lee said, he took pictures of the cash package, which were released to the news media on Monday.

“I was outraged by Samsung’s brazenness, by its attempt to bribe a presidential aide in charge of fighting corruption,” Mr. Lee said in a written statement released at a news conference by a civic organization. He did not attend the event.

James Chung, a spokesman for Samsung Electronics, said, “We are trying to find out the facts around these allegations.”

Samsung Electronics is the mainstay of the 59-subsidiary Samsung conglomerate and a world leader in computer chips, flat-panel television screens and cellphones.

Mr. Lee’s accusation appeared to support recent assertions by a former chief lawyer at Samsung, Kim Yong-chul, that the conglomerate had run a vast network that bribed officials, prosecutors, tax collectors, journalists and scholars on behalf of Samsung’s chairman, Lee Kun-hee.

Prosecutors are investigating Mr. Kim’s accusations, and political parties have introduced legislation that would establish an independent counsel.

Opposition political parties say an independent prosecutor is needed because Mr. Kim identified the president’s new chief prosecutor, Lim Chai-jin, as one of many prosecutors to have received bribes from Samsung. Mr. Lim denied the assertion.

President Roh’s office dismissed the call for an independent counsel as an election-year political maneuver. The South Korean presidential election is scheduled on Dec. 19.

As the scandal expanded, the chairman, Lee Kun-hee, was absent Monday from a ceremony commemorating the 20th anniversary of the death of his father, Lee Byung-chul, Samsung’s founder. Company officials cited a “serious cold and illness from fatigue.”

Lee Yong-chul, the former presidential aide, now a partner at a law firm in Seoul, issued his statement and pictures through the National Movement to Unveil Illegal Activities by Samsung and Its Chairman, an organization that was started by civic groups after Mr. Kim’s allegations were made public.

Calls to Mr. Lee’s office were not returned on Monday.

“This is proof that Samsung’s bribery has reached not only prosecutors but the very core of political power, the Blue House,” the group said at the news conference, referring to the South Korean presidential office. President Roh’s office called that assertion “pure speculation.”

Mr. Lee said the bribe he received in 2004 was delivered after an executive at Samsung Electronics asked him whether his company could send him a holiday gift. Mr. Lee said he accepted, thinking that it would be a simple gift.

He said that when he returned the money with a protest, the Samsung executive apologized. The executive said he had simply allowed his company to send the gift in his name and had not known it contained cash, Mr. Lee related.

The executive could not be reached for comment. Samsung said the man left the company in June 2004 and now lived in the United States.

Lee Yong-chul said he decided to go public after reading about the lawyer Kim Yong-chul’s whistle-blowing. He said he believed Mr. Kim’s assertion that Samsung had run a systematic bribery effort.

Samsung has denied Mr. Kim’s allegations as “groundless.” A couple of Samsung executives Mr. Kim accused of delivering bribes have sued him.

In his statement, Lee Yong-chul said the cash was delivered to him while prosecutors were investigating assertions that Samsung and other conglomerates had provided large amounts of illegal campaign funds to presidential candidates during the 2002 election, which Mr. Roh won.

Several campaign officials for Mr. Roh and his opponent, Lee Hoi-chang, as well as Samsung executives, were convicted of playing major roles in raising slush funds in that campaign.


--------------------------------------------------------------------------------------------------

More recent:

http://www.fastcompany.com/1627411/...-expose-accuses-samsung-of-massive-corruption

Bribery, Massive Corruption at Samsung, Says Exposé by Former S. Korean Prosecutor

. . . In addition, a lawmaker said she had once been offered a golf bag full of cash from Samsung, and a former presidential aide said he had received and returned a cash gift from the company.

Lee Kun-hee, the chairman of Samsung, was convicted of hiding more than $42 million from tax collection, and received nothing more than a suspended sentence. The media decided not to mention the whistle-blowing book at all, despite it achieving remarkable sales for a non-fiction book in that country. (Not a single newspaper published a review, and the only discussion of the book mentioned its sales--but not its title or author. Yeah, you read that right. They left out the title.) Even worse, the media refused to print any op-eds or articles explaining, let alone backing, Kim Yong-chul's side, out of fear that Samsung would pull advertisements from their TV shows and newspapers.

--------------------------------------------

http://news.techeye.net/business/south-korea-makes-example-of-samsung-corruption

South Korea makes example of Samsung corruption

Samsung has been publicly forced to get its act together to stamp out corruption, with the South Korean government choosing to make an example of it.

According to a top industry consultant familiar with the company, Samsung's legal "philanderings" are no secret. While other companies are also at it, the South Korean government is keeping them safe as it looks to drive revenue and reputation to the country.

The comments come as news of shadiness inside Samsung spreads, after an inspection found that elements of the company were involved in corruption.

The findings led to CEO Oh Chang-Suk stepping down and Lee Kun-Hee, chairman of the company, claiming there would be some managerial changes.

However, he would not specify what the investigation had uncovered - only saying that it included taking bribes and enjoying hospitality from suppliers. He said the "worst type" of abuse was pressure on junior staff to commit corrupt acts.

"Corruption and fraud" at Samsung Techwin came about accidentally, and was a result of a "complacent attitude during the past decade", he told reporters

This isn't the first time Samsung has been alleged to have its hands in the till. In 2007 the company's former executives accused it of bribing police and politicians to stop probes into its management, while in 2009 the chairman, along with nine other senior executives, were indicted on tax dodging charges.

According to our analyst, speaking under condition of anonymity, these are well known facts.

"Let's be honest, Samsung's philanderings are not a secret, the company has been at it for years," he said.

---------------------------------------------------------


This is the sort of (criminal) organization Apple is dealing with.

Put nothing past them.
 
I mean

Ad nauseam...
 

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They banned Samsung Galaxy phones in all of Europe because Samsung didn't copy Apple. Gotcha.

My God, another time? Dutch COURTS stated that Samsung didn't infringed Apple designs. That was what was answering

Dutch court stated that Samsung ONLY infringed ONE claim of one patent and dismissed all the other claims from Apple and the infringing thing in the gallery app was so little that Dutch court give Samsung 3 months to change it and in practice didn't ban anything.


And for Australia? I couldn't find anything other than a blurb quoting intellectual property expert Florian Mueller:

Yap, Florian Mueller, a gret source for this, like Fox News talinkg about President Obama

you haven't search so much, the information was in this same forum:

http://www.austlii.edu.au/au/cases/cth/FCA/2011/1164.html#_Ref306261607

https://forums.macrumors.com/threads/1264511/


Read it, I think Florian Mueller didn't did
 
Europe needs to realize Apple is their master and accord them the proper respect and protection.

Samsung should be careful as I suspect Apple could fund a proper invasion by North Korea.
 
Blah blah blah


So courts in your world ban the winning side's products? Here on Earth, if one side copied another, the copying side gets banned or at least loses in court. It doesn't matter if Samsung was found to have copied one thing or a hundred thousand things. They copied. That's the point. And aren't they still banned in Australia?

I think I know why your profile picture is of a hand sprouting tiny hands. It's because you're constantly grasping at straws.
 
Samsung is SO Guilty!

EU needs the money.....

This is all part of the Eurozone bailout..
 
It's not so easy, chipset makers AND phone makers pays licensing fees for radio patents to the 3G pool. Do you remember that in the Apple-Nokia case was also said that why Apple has to pay when the chipset maker was paying?

NOPE. It's the same deal.

Nokia tried to get Apple to pay way above industry prices. Apple didn't pay until Nokia come down to normal prices.

Samsung is trying the same things, except it's now facing antitrust investigation.
 
[/COLOR]
MacRumors said:
Originally Posted by *LTD*

This is the sort of (criminal) organization Apple is dealing with.

Put nothing past them.
Originally Posted by MH01

oww please, if people believed stories based on a few links... things would not look to good for Apple eh.....


http://www.dailymail.co.uk/news/arti...t-suicide.html

http://www.guardian.co.uk/technology...es-humiliation

http://www.telegraph.co.uk/technolog...ld-labour.html

http://www.dailymail.co.uk/sciencete...-suicides.html

You spamming of those links in Samsung threads is... well spam... News Flash corruptions happens at all levels and all companies!

Why you even reply to LTD rofl.
 
Nokia tried to get Apple to pay way above industry prices. Apple didn't pay until Nokia come down to normal prices.

If Nokia lowered the price why Apple didn't wanted that a court set the price as Nokia offered? Perhaps because the argument that they asked more was only a defense and not the reality?
 
Anyone else smell a EU fine coming given their current financial issues?



a few billion Euro fine would go a long way (ok not so long) with helping Greece
 

Probably because we're talking about Samsung, who has been found time and again by several courts around the world to have copied Apple. So why bring up a company that a court found didn't copy?

Kinda pointless and a waste of everyone's time if you ask me.
 
This crap needs to end, there has to be some kind of resolution they both can agree to.

It's turned into "You hurt me, so I'll hurt you back".

*facepalm*

Facepalm indeed. You should really try following these news stories from the beginning, then you'd see how grossly inaccurate your characterization of it is and how unintentionally amusing it is to those of us who are keeping up with it. :rolleyes:
 
My God, another time? Dutch COURTS stated that Samsung didn't infringed Apple designs. That was what was answering

Dutch court stated that Samsung ONLY infringed ONE claim of one patent and dismissed all the other claims from Apple and the infringing thing in the gallery app was so little that Dutch court give Samsung 3 months to change it and in practice didn't ban anything.

Erm, no.

The Dutch court was a preliminary hearing for the case. The preliminary hearing could only uphold 1 patent of 10 at the preliminary hearing. They then let the whole case pass to a full hearing.

However, here is the point, and I'll repeat it, as it does seem to get lost - The Preliminary Hearing upheld 1 complaint without the need for a full hearing.

They did NOT however strike out the other 9 points of contention, they merely passed that for the full hearing.

The key word here is PRELIMINARY.

So far from Samsung being in the clear, Samsung have so blatantly violated 1 patent that the PRELIMINARY court hearing found it valid. And the experts reckon that if the PRELIMINARY hearing is striking out claims, then Samsung is probably going to be in a world of hurt when it comes to the FULL HEARING.

HTH

----------

Anyone else smell a EU fine coming given their current financial issues?

Yes, I reckon the Microsoft fine has been long since spent, they turned over the monitor guys a few weeks ago, now it's time for Samsung.

And Samsung have only themselves to blame considering their legal team seems to be run by 4 year olds.
 
So far from Samsung being in the clear, Samsung have so blatantly violated 1 patent that the PRELIMINARY court hearing found it valid. And the experts reckon that if the PRELIMINARY hearing is striking out claims, then Samsung is probably going to be in a world of hurt when it comes to the FULL HEARING.

Can you post a link to those experts?

----------

Nope:

The List of IPR Thefts of Apple iPhone – Claimed by Nokia

Multi tasking
Datasynchronization
Use of Bluetooth
Positioning
Calling quality

See here!

Do you have looked at the date of the link you have posted? Those patents are not essential patents

And yes, the patents that Nokia sued Apple for in 2.009 were radio patents

http://www.engadget.com/2009/10/29/nokia-vs-apple-the-in-depth-analysis/
 
I know this is gonna get downrated but Samsung are being jerks. They think they can just copy stuff and get away with it because they supply or used to supply Apple with their parts...

That is like me letting someone else copy my paintings because they sell me their paint...

Grow up Samsung you cannot win.. it is too logically against you.

Do something on your own for once Samsung. Such an immoral company.

Have fun downrating people who cannot see logically.

It's too deep. Korea and China no longer have the Honor component in their societies. Japan is the only Technology Driven Asian Culture that still has Honor.

Do you see Korea giving work to the displaced (flooding) Thai workers from their plants back in Korea? Japan is. Why, because it is an Honorable Act.

Think of Korea as China, only their products are not all a POS without Western Management. They are very good at spinning their sponge like need to absorb not innovate.

People that really want to affect S. Korea should become involved in the Reunification Movement. Take down the border, and forget about Samsung for 20 years. ;)
 
I will give up. You doesn't want to read what is said.

I'll try this again. I think maybe there's a language barrier between us, so I'll go with a quick question and answer thing to maybe make what I'm saying clear.

In Dutch and Australian courts (preliminary hearings and otherwise), was Samsung found to have copied from Apple?

The answer is yes.

In those same Dutch and Australian courts, was Samsung threatened with a ban on selling their violating products in Europe and Australia?

Again, the answer is yes.

That's my argument. I provided the answers to my questions to save time. I'm sure you'll have plenty of "yeah but" responses, so have fun swatting at those strawmen.

Erm, no.

The Dutch court was a preliminary hearing for the case. The preliminary hearing could only uphold 1 patent of 10 at the preliminary hearing. They then let the whole case pass to a full hearing.

However, here is the point, and I'll repeat it, as it does seem to get lost - The Preliminary Hearing upheld 1 complaint without the need for a full hearing.

They did NOT however strike out the other 9 points of contention, they merely passed that for the full hearing.

The key word here is PRELIMINARY.

So far from Samsung being in the clear, Samsung have so blatantly violated 1 patent that the PRELIMINARY court hearing found it valid. And the experts reckon that if the PRELIMINARY hearing is striking out claims, then Samsung is probably going to be in a world of hurt when it comes to the FULL HEARING.

Thank you! Good luck convincing him with cold, hard fact that can be verified with a quick internet search.

Can you post a link to those experts?

*Sigh*

You just can't be satisfied, can you?

http://www.mobiledia.com/news/104469.html

Quote: "The Netherlands' decision may influence other world courts to follow suit in banning Samsung's devices, pending a verdict on patent violations. If this happens, the Korean company will face serious monetary troubles. "

http://macdailynews.com/2011/10/14/...ied-injunction-against-apple-over-3g-patents/

Quote (which contains a quote from a patent expert): "'Regardless of whatever Google’s CEO may say in an effort to assuage investors’ concerns, this week may very well go down in history as the one in which Apple’s intellectual property enforcement against Android reached a tipping point in Cupertino’s favor,' Florian Mueller reports for FOSS Patents. 'Apple has not yet dealt a fatal blow to Samsung, but it’s on an impressive winning streak and making headway at a breathtaking rate. I expected Apple to do well, but the results have exceeded even my expectations.'"

Call me crazy, but it sure sounds like they're saying Samsung (and by extension, Android) is in a world of hurt after just a few preliminary hearings, with many more hearings to come.
 
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