Samsung Galaxy Tablet Ban in Australia Lifted, Apple to Appeal

[Peace]

And this clearly shows why I'm asking those questions, to show how people like you, the OP and more don't know anything about the case of about the laws and only are jus taking a position because some loved company says so.

The vast majority of users posting to these Samsung vs. Apple discussions are clueless about the true nature of the lawsuits.

So most posts are based on pro-Apple or anti-Apple sentiment.

Typical forum babble from people with nothing better to do .

Life goes on.

 

[thenerdal]

Lets take it step by step, please.


Submission? The last time we discussed, you said the tab looks nothing like an iPad. But yes, it does. It does look a lot like an iPad.

It looks similar, but not the same.

Again, you really don't know what you're talking about. Months it has been, but people still don't know the case.
Apple's lawsuit base on a community design from 2004, 2 years before the Samsung picture frame you are referring to.

EDIT: It was from 2004, sorry. Going to research on this a bit.

EDIT #2: Just checked the Sketches from the Community Design and it just looks like a sketch of a screen to me.

Android is a cheap copy of iOS. Period.
My opinion. Facts definitely prove this; but whatever! There is never going to be any consensus on this.

Please provide evidence. From what I've seen, they look nothing alike.

Oh they do. Period. Period. Twice as strong as yours.

Again, please provide evidence.

 

[Oletros]

It looks similar, but not the same.



EDIT: It was from 2004, sorry. Going to research on this a bit.



Please provide evidence. From what I've seen, they look nothing alike.



Again, please provide evidence.

The community design was filed in 2.004 but has nothing to do with Australian case

 

[dethmaShine]

The community design was filed in 2.004 but has nothing to do with Australian case

That is true though.

My reply was basically based on the existence of the design instead of where Apple sued or not. But I guess, I just want to clear that out noting that you quoted him and not me.

Cheers!

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And this clearly shows why I'm asking those questions, to show how people like you, the OP and more don't know anything about the case of about the laws and only are jus taking a position because some loved company says so.

OK. To be honest, I am taking a position based on my opinions.

But basically my reply was based on your post asking the same question again and again. What I was trying to say that if it was so clear that Samsung never stole anything, the case(s) would have been dismissed by now.

But again, I'm an engineer and I don't know much about the IP law and especially not in Germany or Australia. So I don't really have much context to add instead of my opinions which I guess we all do including you.

 

[EiriasEmrys]

You know reading through these responses, I now know what people mean by the words "fanboy" or "blind follower." Honestly, when people say you lot are of a different breed, they weren't kidding. For you, when the courts rule in Apple's favor, they are absolutely correct in doing so. When they rule against Apple, it's considered a completely botched decision and the competitor is still considered to be the pathetic "copycat."
Just because this is an Apple centric forum, doesn't mean it is a forum void of any logic or common sense thinking. For some of you, it almost seems like the second you buy an Apple product, you become like the borg. You lose all individual thought and use words like, "We", "Us", "Them", etc...
Apple doesn't care what happens to you or your family. So why act like they are your family?

Totally agree, though I must point out that you used the words "you lot," placing us in an out-group, different from you. This is confusing because what you are witnessing is just human nature, no different than you or I or my neighbor would act under similar circumstances. You see, many of us who participate in this forum don't read all the facts, don't comprehend most of what they read, and champion their own opinions no matter what logic is given - all with little civil endeavor. However, this is not a trait common only to Apple Fanboys, this can be seen on any forum wherein you have multiple parties. It's just that humans aren't ever big enough to see the larger picture. So instead, we call people labels (the more derogatory, the better) and then we place them in an out-group, as if to say "BTW, I'm nothing like THEM." You're human too, stop condescending. Insult us, fine, but don't throw in self-indulgent flattery as if we might say in return, "Gee, mister, I hope I can be like you someday."

 

[Jerome Morrow]

Apple doesn't care what happens to you or your family. So why act like they are your family?

Not in that way of course, but it cares enough no to feed your kids a 3rd rate tablet.

 

[kockgunner]

Apple's minimalistic tablet design is as difficult to make as those bulky 'tablet PCs' that came before. Apple were the first to figure out that you don't have to cram all these ports in and a tablet isn't just a laptop without the keyboard half. They were bold enough to not put a 'full' OS and they trusted that the apps would follow good software+hardware.

Before the iPad, 'tablet's had ports everywhere, removable batteries, styluses, fans, and non-touch OSs, and somehow you guys say Apple is copying or just did the obvious?

 

[Jerome Morrow]

and somehow you guys say Apple is copying or just did the obvious?

It's obvious ... after Apple did it.

 

[thenerdal]

Apple's minimalistic tablet design is as difficult to make as those bulky 'tablet PCs' that came before. Apple were the first to figure out that you don't have to cram all these ports in and a tablet isn't just a laptop without the keyboard half. They were bold enough to not put a 'full' OS and they trusted that the apps would follow good software+hardware.

Before the iPad, 'tablet's had ports everywhere, removable batteries, styluses, fans, and non-touch OSs, and somehow you guys say Apple is copying or just did the obvious?

Tablet PC's are not the same as Tablets we have now a days. There were tablets that had a minimal design before the iPad came out. There were a very few though.

 

[Oletros]

Apple's minimalistic tablet design is as difficult to make as those bulky 'tablet PCs' that came before. Apple were the first to figure out that you don't have to cram all these ports in and a tablet isn't just a laptop without the keyboard half. They were bold enough to not put a 'full' OS and they trusted that the apps would follow good software+hardware.

Before the iPad, 'tablet's had ports everywhere, removable batteries, styluses, fans, and non-touch OSs, and somehow you guys say Apple is copying or just did the obvious?

iPad design is irrelevant because the Australian case is not about the design.

By the way, Apple didn't copy no one but they also wasn't the first making this tablet design

 

[joelhinchAUS]

Apples poison filled tentacles have a very long reach. Long known as a polarizing company this elevates them to the worlds most nefarious bully.

Despite the claims against Samsung, the reality is Apple has already won this war. Why continue to fight an underdog that poses no threat anyway?

It's not like Apple is losing business to them, or is struggling to survive.

Why not use the time and energy in a positive way? It's this vindictive vicious side of Apple that's rather disgusting.

Got to give the lawyers something to do!

But IMO, the Galaxy Tab is too much like the iPad, and is a fair enough ban.

 

[RichardBeer]

Well it's good to know that competition isn't being suppressed there, for now.
All of this lawsuit ban seeking seems rather silly.

 

[Xeem]

I was under the impression that this lawsuit is really more about the interface than the tablet's physical appearance. When shown an iPhone/iPad on its home screen and then a Galaxy Phone/Tab on its app screen, many consumers simply won't notice a difference (they even ripped off the dots to signify which page you're on...).

If I was going to go Android on my next phone or tablet, I would go with Samsung BECAUSE they offer the next closest quality and the most similarities to Apple devices, and I think that is why Apple has been so vicious in its legal proceedings against them.

That said, I really have my doubts about the worth of the lawsuits. Apple's reputation is getting absolutely thrashed all over the internet, and the last thing they needed was to seem like even more of a tech bully.

 

[HiRez]

Well, I'll tell you one way this is hurting Apple and its investors. Every time Samsung or anyone else wins any of these millions of small decisions (not even necessarily cases), for the next few days all the headlines related to Apple will be about how they lost. It doesn't matter what the impact of the loss is, or even if it's truly a loss at all. The press and analysts desperate for a story pounce on these things and to anyone not digging into the details (most people), Apple is painted as a "loser", which plays right into the fears many have about how Apple will surely lose its way and won't be able to stay on top.

The investment community being the panicky bunch they are, punishes AAPL and it buries whatever other good news there might be, keeping the stock price depressed. Even when they win these cases, they look like an anticompetitive bully -- again, I'm not saying that's he case, but perception is everything. Sorry, but I just don't think this is a winning strategy for them regardless of the legal merits. When they win, they lose, and when they lose, they lose. I'm hoping Tim Cook re-evaluates this path, but I fear they're now in too deep and can only double down.

If you don't believe me, take a look at what all the Apple stories are tomorrow. I assure you they will not be about how Apple is dominating industry profits, they'll be about how Apple has "lost" to Samsung.

 

[evilblob]

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)

Well, I'm just going to pitch in on the whole Andriod iOS copying, losing sales etc., with a view from a non technical, regular consumer, even though that doesnt describe me.

A few people I know say that they only got an Andriod phone because it does everything that an iPhone does, but is cheaper. So basically, they're buying it because it's so similar to the iPhone.

 

[Renzatic]

Tell that to apple.

Apple fears Samsung tablet will 'seduce' customers, court told

Ha! I love it!

"Your honor. We believe that if that if a competitor offers up another similar product, then people might buy it. And if people buy their stuff, then they're not buying our stuff. And we just don't think that's very fair."

It's a fairly brilliant argument when you think about it. I mean it could work with any company in any industry. Ford could sue Nissan because, comeon, they're losing sales cuz Nissan is selling cars also! What a crappy thing for them to do! Taking money out of poor old Ford's pocket by offering up a competitive product on the market. WHY THE NERVE OF SOME PEOPLE!

 

[Oletros]

But basically my reply was based on your post asking the same question again and again. What I was trying to say that if it was so clear that Samsung never stole anything, the case(s) would have been dismissed by now.

And there is a big gray area between company X blatantly copied Y and it is clear that company X hasn't copied Y. So the lawsuits.

I was under the impression that this lawsuit is really more about the interface than the tablet's physical appearance.

And is not about interface or design.

A few people I know say that they only got an Andriod phone because it does everything that an iPhone does, but is cheaper. So basically, they're buying it because it's so similar to the iPhone.

No, doing the same things is not the same as being similar

 

[thenerdal]

A few people I know say that they only got an Andriod phone because it does everything that an iPhone does, but is cheaper. So basically, they're buying it because it's so similar to the iPhone.

My laptop does the same thing as an iPhone, but cheaper.

 

[gnasher729]

The community design was filed in 2.004 but has nothing to do with Australian case

It has one thing to do with the Australian case: The _reason_ why Apple is fighting Samsung is that Samsung is copying the iPad design. Once Apple has a _reason_ to fight Samsung, they use whatever means they can. If Sony or Toshiba with their looking-nothing-like-an-iPad tablets infringed on the same patents, Apple would most likely not care.

"Your honor. We believe that if that if a competitor offers up another similar product, then people might buy it. And if people buy their stuff, then they're not buying our stuff. And we just don't think that's very fair."

It's a fairly brilliant argument when you think about it. I mean it could work with any company in any industry. Ford could sue Nissan because, comeon, they're losing sales cuz Nissan is selling cars also! What a crappy thing for them to do! Taking money out of poor old Ford's pocket by offering up a competitive product on the market. WHY THE NERVE OF SOME PEOPLE!

You leave out an important thing: Copying is not competition. Nissan is not copying Ford cars. If they did, Ford would sue them and use exactly the arguments that you are laughing about. It is not about a "similar product". Sony and Toshiba make "similar products" that are just fine. It is about copying the iPad design.

My laptop does the same thing as an iPhone, but cheaper.

I doubt it If you wanted to say that your laptop does the same thing as an iPad, but cheaper, then yes, a laptop is totally legitimate competition to an iPad, and if someone convinces you to buy a laptop instead of an iPad, that is fair competition and nothing that anybody could object to. Which again makes "Renzatic"s argument ridiculous: Your laptop maker took one sale away from Apple, but Apple is not complaining and couldn't complain, because it is just fair competition.

 

[Oletros]

It has one thing to do with the Australian case: The _reason_ why Apple is fighting Samsung is that Samsung is copying the iPad design. Once Apple has a _reason_ to fight Samsung, they use whatever means they can. If Sony or Toshiba with their looking-nothing-like-an-iPad tablets infringed on the same patents, Apple would most likely not care.

I repeat, talking about the community design in the Australian case is irrelevant because it is not involved anything about design or trade dress in Apple filings.

 

[Winni]

If you don't get serious about defending your IP, then others will get serious about infringing it.

Apple loses absolutely nothing at all by continuing to pursue this.

Oh, they do lose a lot of sympathy over their bullying behavior. Not everybody is a die hard Apple fan, and I know bunch of people who would never buy an Apple product because of the company's disgusting arrogance.

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A few people I know say that they only got an Andriod phone because it does everything that an iPhone does, but is cheaper. So basically, they're buying it because it's so similar to the iPhone.

Actually, I bought my Galaxy S2 not because it was cheaper than the iPhone 4 (which was not even really the case, it was only a 70 Euro price difference) but because in my judgment it was - and still is - the far SUPERIOR product.

 

[pkson]

Design wise, they look similar, but not identical. the iPad wasn't the first to have the design. Samsung had a digital frame that looks a whole lot like the iPad in the front. It came out before the iPad did. Sure, they are not the same kind of device, but all that matters should be "Which company had the design first?" and that's Samsung.

Android looks nothing like iOS. Period.

Samsung doesn't market the same way Apple does. Period.

I just wanted to showcase the never-ending remarks on Samsung's photo-frame design on the iPad threads. Just as an example of people just arguing for the sake of arguing.

It's just annoying. <-- That little dot at the end of a sentence, that's a "period." No need to say it. You know, question mark

 

[inkswamp]

Tell that to apple.

Apple fears Samsung tablet will 'seduce' customers, court told

You're quoting it out of context. Apple's point is that Samsung is using Apple's good ideas to steal away customers. The way you quote it, it sounds like Apple is fearful of competition per se which is not accurate.

...customers were "seduced" or "sapped away by the Galaxy Tab and its infringements."

My emphasis. IOW, Apple doesn't think another company should have the right to steal Apple's ideas and force Aple to compete against them. If Samsung wants to play, they need to bring their own original ideas.

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Oh, they do lose a lot of sympathy over their bullying behavior. Not everybody is a die hard Apple fan, and I know bunch of people who would never buy an Apple product because of the company's disgusting arrogance.

Which only proves how ignorant most people are, given that it was Samsung's bullying and arrogance that started all this.

What do your well-informed friends think of Samsung misusing their FRAND patents and trying to push Apple around? Any opinions on that?

 

[divinox]

Not quite.

Apple appealed it, and this will cause further delay.

In context:

1) Apple has already had courts side with them on injunction matters.
2) None of Apple's products have been successfully banned for any length of time.
3) Apple has already done damage to Samsung, and with the granting of the stay, will continue to do damage.
4) Meanwhile Apple's case has legs enough for an appeal.

http://www.zdnet.com.au/galaxy-tab-ban-overturned-in-australia-339327063.htm

Samsung Galaxy Tab ban overturned in Australia; Apple granted stay


“The Federal Court of Australia has overturned the preliminary injunction against the Samsung Galaxy Tab 10.1 in a stunning verdict read to the Federal Court this afternoon,” Luke Hopewell reports for ZDNet Ausitralia.

“The unanimous decision made by Federal Court Justices John Dowsett, Lindsay Foster and David Yates ordered that the injunction made by Justice Annabelle Bennett be overturned, allowing the Samsung Galaxy Tab 10.1 to be released in Australia,” Hopewell reports. “In a surprise move, however, Apple legal counsel Stephen Burley SC then sought a stay of the orders handed down by Justice Foster so that an appeal against the overturning of the injunction could be heard before the High Court of Australia.”

“Naturally, Samsung had strong objections to the stay of orders. ‘This order serves to prolong the injustice held against Samsung,’ the Korean gadget-maker’s representatives told Justice Foster today, adding that any stay or appeal to the High Court would see Samsung crippled in the upcoming Christmas shopping season. ‘Any stay, no matter how short, given the [impending] … Christmas season would prove further hardship to Samsung,’” Hopewell reports. “Justice Foster conceded to the orders proposed by Apple and issued a stay of orders until 4pm (AEDST) on Friday so that Apple could file its appeal in the High Court of Australia.”

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Who?

There's no evidence that they're selling out in other markets. There is no US ban on the product.

Point 4 is an unsupported claim. Or rather, as it reads it is meaningless as you are always entitled to appeal. Whether or not the High Court will accept your appeal or not is a different story, and one that we know nothing about.

 

[Oletros]

My emphasis. IOW, Apple doesn't think another company should have the right to steal Apple's ideas and force Aple to compete against them. If Samsung wants to play, they need to bring their own original ideas.

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Which only proves how ignorant most people are, given that it was Samsung's bullying and arrogance that started all this.

What do your well-informed friends think of Samsung misusing their FRAND patents and trying to push Apple around? Any opinions on that?

You call others ignorants and then you make such claims as facts when they're only opinion?