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Flawed Evidence In EU Apple vs. Samsung Case
An anonymous reader writes "The Dutch site webwereld.nl has found incorrect evidence submitted by Apple (Google translation of Dutch original) in the EU design-right case against Samsung. In the ex-parte case, a German judge recently issued a temporary injunction against the sale of the Galaxy Tab 10.1 in the whole EU except the Netherlands. The faulty evidence is a side-by-side picture of an iPad 2 and the Galaxy Tab. The Tab is scaled to fit the iPad2, and the aspect ratio is changed from 1.46 to 1.36, which more closely matches the iPad 2 aspect ratio of 1.3, according to webwereld.nl."
They also made the surround on the Tab darker to make it look more like the iPad. Submitting photoshoped images to the court should cost them their case.
...nice and polite topic.. "Flawed"? It is "FAKE", "FALSE" evidence.
If it is negligible, why go through the trouble to change it?
"Sacrifice for the good of The State" - The State
Prosecution: The man before you murdered ten people in cold blood, and we have a witness to prove it!
Defense: Your honor, witness claims the man he was was 5 ft 11, weights 130lbs, had a handlebar moustache and had blond hair. My client is 6 ft 3, weighs 330 lbs, is clean shaven and has brown hair. The police photos were intentionally doctored to make my client look like that man.
Prosecution: Your honor, we've merely altered the image to make it clearer that the accused is obviously the same man! Any sensible person would see the two are the same man!
The world's burning. Moped Jesus spotted on I50. Details at 11.
Let's just sum up how badly Apple lied to the court:
* Altered the aspect ratio
* Changed the colour of the device
* Rotated the device 90 degrees from its standard
* Fabricated screen contents to look like an iPad instead of the standard Android OS
Judges have little tolerance for crap like this.
Probably. If you read TFA, it was an 'ex parte" decision. Samsung wasn't even allowed to respond to or see the complaint before the ruling was issued, and Apple's complaint was the basis for the decision. It is also temporary, and this sort of thing bodes very (very very) badly for Apple. Hopefully they get slapped silly for this. Accident or not, it clearly indicates a contempt of the legal system.
Then again, it should have been obvious Apple had no true respect for the legal system when they sued Samsung for making a thin rounded-edge rectangle.
"None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
It is either an altered/retouched image of a Galaxy Tab or it isn't. There is no reason to alter the image to look more like an iPad if it already looks too much like an iPad.
Disclaimer: Mac & iPhone owner.
There is no default. Its designed to work both ways. Portrait or landscape is irrelevant, both devices care not about their orientation. WTF kind of argument is that?
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Its not about a less that 7% change or an "almost 10% change" Its about an attempt to fool the court into believing that the Galaxy Tab is a copy of the Ipad using doctored evidence. Such as manipulating the aspect ratio in order to make the dimesions of the products more similar, Its about removing the Samsung logo from the evidence submitted to the court. Its about changing the color, also taking a picture with the Android app window open and depicting that as the home screen which is not true. etc. All of these things display a deliberate attempt to mislead the court and play the judge for a fool. I'm not sure if you would be amused if you were a Judge in a situation like this.
At least Slashdot could have mentioned the other 20 photographs in the complaint. All of which clearly depict the appropriate aspect ratio. Oh well. Independent thought really is dead.