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More Photoshopped Evidence In Apple v. Samsung

Posted by timothy on from the artist's-conception dept.

jfruhlinger writes "It seems that Apple can't stop Photoshopping evidence in its EU lawsuit against Samsung. We already saw that the company used trickery in its side-by-side comparison of the iPad and Galaxy Tab; now it appears that it's fudging the comparison between the iPhone and Galaxy S as well."

23 of 345 comments (clear)

  1. Dear Apple by Kagetsuki · · Score: 5, Informative

    It is a flat screen with icons. No, you didn't think it up first. Now sit back down.

    1. Re:Dear Apple by elsurexiste · · Score: 4, Funny

      That's right. My Windows 95 desktop was full of icons well before the iPhone arrived.

      --
      I rarely respond to comments. Also, don't ask for clarifications: a brain and Google are faster, believe me!
    2. Re:Dear Apple by syousef · · Score: 4, Funny

      It is a flat screen with icons. No, you didn't think it up first. Now sit back down.

      This is the successor to their last slogan "Think different". It's called "See different". It will be followed by "Hear different", "Touch Different" and "Taste Different". They were going to do "Smell Different" but RMS already has a patent on that.

      --
      These posts express my own personal views, not those of my employer
    3. Re:Dear Apple by Riceballsan · · Score: 5, Funny

      No RMS didn't patent smell different, he licensed it under GPL so that all hard core OS enthusiasts can use it.

    4. Re:Dear Apple by aevan · · Score: 4, Funny

      My desk had wheels. With the UPS I had a good 5 minutes of mobile!!

    5. Re:Dear Apple by mysidia · · Score: 5, Funny

      For some reason... I think it would be more funny if Apple tried to photoshop evidence in a suit against Adobe.

      You know what i'm saying? Using their own product against them <EG>

    6. Re:Dear Apple by sjames · · Score: 4, Insightful

      The Samsung F700 was introduced so close to the same time as the iPhone that neither could actually be a copy, you just can't rush out a finished phone in a month, no matter how good you are.

      The simple fact is that everything is a derivative of what came before. Both companies were exposed to the same precursors, had the same goal and the same markets. They had the same components available for use in their product. They existed in the same societies with the same sense of aesthetics. It's hardly a surprise that they came up with very similar designs.

      The same argument applies to the pads. The pad design has been envisioned a bazillion times, including the thing that Captain Kirk would periodically sign on the bridge of the enterprise. We then saw an update to the vision on TNG (it was even called a PADD) The only thing preventing them was the basic technology behind them. We needed cheap enough and large enough touchscreens, powerful and thin batteries, and components that were efficient enough to allow decent battery life and not overheat in spite of having no room for airflow. It's no surprise that when those base elements became practical one by one, that the aesthetic of the time, the desires of the market, and the constraints of technology would come together to produce similar devices.

      Interestingly, if we are to believe ANY of Apple's marketing claims, we must conclude that the devices are worlds apart. Apple claims that their product is the one and only everywhere but in court where they claim that there is another product just like theirs.

    7. Re:Dear Apple by TheRaven64 · · Score: 5, Funny

      It just goes to show something that we've known for a long time, but people on Slashdot like to deny. Apple users really are creative professionals...

      --
      I am TheRaven on Soylent News
  2. That's also not the default home screen by Anonymous Coward · · Score: 5, Informative

    They also rearranged the Galaxy S's home screen so that it'd look more like the iPhone. Apple, I mean, not Samsung.

    Go ahead, take a look at the real thing. That looks nothing like an iPhone.

    For one thing, it supports widgets, which the iPhone doesn't. (Apparently the idea that people might want to get weather information on their phone still evades Apple.)

    Another good hint is the home button on the screen Apple's using, which probably doesn't appear on the home screen.

    1. Re:That's also not the default home screen by im_thatoneguy · · Score: 5, Informative

      I did the lighting for a number of the TV commercials for the Galaxy S. The apple screen shots are pretty close to the 'official' home screen layout approved by T-Mobile and Samsung.

      e.g. http://galaxy-s.t-mobile.com/

      I think the lawsuit is stupid but Apple didn't really game the homescreen in any way. That's an approved Samsung screenshot.

  3. Re:the two pictures were to show features, not siz by Anonymous Coward · · Score: 5, Insightful

    But you're not trying to prove that the sequoia copied the fiat. This is the equivalent of fiat making their small, cheap car look as spacious as the largest toyota in an add. Except, there it'd be false advertising, here, its falsifying evidence.

  4. Re:the two pictures were to show features, not siz by ArsonSmith · · Score: 4, Insightful

    If you're claiming that two items are nearly identical and then to do so you show a picture of them the same size when they are significantly different sizes. then yes it is a problem.

    --
    Paying taxes to buy civilization is like paying a hooker to buy love.
  5. The judges get to see *actual* devices... by Space+cowboy · · Score: 4, Informative

    When the judge made his decision, he had a powered-up iPad and a powered-up Galaxy tab in front of him, so he could see for himself whether they were similar - at least according to the BBC. If he thinks Samsung is in the wrong after playing with a physical working device, what does it matter if one image shows the aspect ratio incorrectly ? (all of the other images in the brief clearly showed the different aspect ratios).

    Oh, it makes good link-bait ? You don't say!

    Simon.

    --
    Physicists get Hadrons!
    1. Re:The judges get to see *actual* devices... by Derekloffin · · Score: 4, Insightful

      Being a judge doesn't magically make a person immune to subconscious bias.

  6. Sueing others for being copycats... by Anonymous Coward · · Score: 4, Interesting

    So they are saying they've "innovated" the mobile device sector for inventing handhelds with rounded corners and big screens. Well, how does that hold up to their first iPhone looking strikingly similar to Nokia's MID (at that time already being their third generation handheld none the less!)?

    Apple is not that innovative, they just have better marketing - which they now can leverage for sueing their competition (I'm sure every judge has heard of the iPhone, I doubt the same is true for Nokia's Maemo devices)

    1. Re:Sueing others for being copycats... by timeOday · · Score: 4, Interesting

      I'm always reminded of the Sony Clie TH55 from 2004. It had WiFi, an SD slot, a camera... it always drove me nuts how they simply refused to harness all the potential of that hardware. Sony, you were Apple 20 years ago, and now look at you. What happened?

  7. Re:WARNING! VIRUS LINK! by Jello+B. · · Score: 4, Funny

    thanks for the info kdawson. didnt know what a virus was until now. your the best.

  8. Re:the two pictures were to show features, not siz by Anonymous Coward · · Score: 5, Informative

    +4 Misinformative?

    From TFA for those that can't be bothered to read:

    But the picture of purported Galaxy S has been resized about 6%, making the Galaxy S appear smaller and more similar to Apple's phone. The height of the purported Galaxy S that Apple displays matches the iPhone exactly. The aspect ratio has not been measurably altered.

  9. Re:What is the world coming to? by Dyinobal · · Score: 5, Insightful

    No apple is just terrified of the same thing happening to them in their new markets as what happened with PCs vs Macs. I'd be afraid of superior cheaper products as well if I was them. Rather than innovate and try to stay ahead of the competition they'd rather throw lawyers at the problem.

  10. woo by nomadic · · Score: 4, Insightful

    Finally an objective test to see if you're an Apple fanboi. If you think there is nothing wrong with skewing the aspect ration in a court filing, you're a fanboi, period.

    1. Re:woo by itsdapead · · Score: 4, Insightful

      And anybody who thinks that the current spate of "black slab" touchscreen tablets and phones were original creations and not derivative in any way from the iPad/iPhone has a bigger reality distortion field than Steve Jobs. Whether it makes sense for the courts to try and draw the line here is another matter - there doesnt seem to be much evidence of people going out to buy an iPad and coming home with a Galaxy.

      Also, anybody who thinks that re-sizing two images out of dozens (when the sizes of the devices are given accurately elsewhere and the claims dont even hinge on size) - or showing a screen one click away from the homescreen - will get Apple's case thrown out should go and read Groklaw to see how much piss can be extracted from a court without repercussions.

      Finally (note to the editors) anybody who describes merely re-sizing an image as "Photoshopping" is in no position to lecture people about overstating their claim.

      NB: Lion Server is a joke, 100% mark up to get Lion on physical media is a ripoff, I'm not ready to give up my DVD drive just yet, and I'd like to be able to upgrade my own hard drive please. So don't call me a fanboi.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  11. Re:the two pictures were to show features, not siz by tibman · · Score: 5, Interesting

    That picture is selective. Not all tablets looked like that pre-ipad. For example, take a look at my old visionplate: http://i4.photobucket.com/albums/y104/tibman/VisionPlate/DSCN0921.jpg

    Looks almost exactly like an Ipad.. except it predates the ipad by many years.

    --
    http://soylentnews.org/~tibman
  12. Re:if the Fiat were a smaller dupe of the Sequoia by mysidia · · Score: 5, Informative

    Then yes, Toyota would have a case. The relative size doesn't matter really. If it's similar, it's similar.

    When we are talking about design patents, yes, Scale does matter.

    In addition, if it can be shown that the design has certain utility, the patent of the design is invalid. Design patents can be invalidated if the design has practical utility (e.g. the shape of a gear).