Slashdot Mirror


Australian Court Blocks Sales of Samsung Galaxy Tablet

jimboh2k writes "Apple has succeeded in blocking the sale of Samsung's Galaxy Tab 10.1 tablet in Australia until a final hearing can be heard in the case down under. The judgment on Thursday could effectively kill chances of the tablet ever launching properly in Australia after Samsung claimed further delays to the product would threaten hopes of gaining traction."

22 of 158 comments (clear)

  1. This may not be so good for Apple... by NimbleSquirrel · · Score: 4, Interesting

    This could potentially work against Apple if Samsung go after the iPhone 4S on Oz. Precedent has been set, and it would be quite difficult for Apple to argue that an injunction shouldn't block the iPhone4S if Samsung decide to assert their hardware patents.

    1. Re:This may not be so good for Apple... by beelsebob · · Score: 4, Insightful

      Uhh, there's no precedent set here... It's the norm that if you're found to violate a patent that an injunction is given. Apple wouldn't argue that in injunction shouldn't block the iPhone 4S because that would be mean... they would argue that an injunction shouldn't block the iPhone 4S because they already licensed samsung's patents when they took out a RAND license on the 3G patent pool.

    2. Re:This may not be so good for Apple... by dbIII · · Score: 2

      I think Slashdot needs more categories than foes, friend and freaks so that we can put somebody in a pigeonhole and remember it's the guy that said "but with good review the reviews of the latest windows phones, knowing MS will protect from any lawsuits". Fair enough, they may be just a normal fan and not paid for the irrelevant fawning post (are there even any MS windows phone for sale in Australia at all?), but it would be nice if we can see they make a habit of it.

    3. Re:This may not be so good for Apple... by JasterBobaMereel · · Score: 3, Insightful

      Not losing ... Apple are winning an injunction which as long as they supply a valid looking case is automatic, this does not mean the actual case will stand up in court later ...Apple will have to prove that Samsung were trying to steal market share by copying

      By the way Samsung do make money from Apple .... the iPad screen, processor, memory etc .etc is made by .... Samsung which is why Samsung hold patents on most of the technology, they designed it ...

      Apple designed the iPad, but other people make it from mostly, off the shelf parts, most of them are made by Samsung, so unsurprisingly the Samsung Tab is made from mostly the same parts ... The only thing unique about the iPad is the physical shape and the desktop layout (which are protected with Design patents)

      --
      Puteulanus fenestra mortis
    4. Re:This may not be so good for Apple... by Loadmaster · · Score: 2

      I don't know how law works in Australia, so take this as an answer to your question that is applicable in the US but maybe not AUS. First, there is no "innocent until proven guilty" well anywhere except TV and armchair attorneys. It's "burden of going forward" and "burden of persuasion." But it's irrelevant here anyway. There is no "guilty" in civil court. It's liable not liable. Second, an injunction is not relief. An injunction is merely to maintain the status quo to prevent any irreparable harm while the court sorts out the case. Here, if Samsung could sell the tablet then what's the point of the case? If it gets released then even if an infringement ruling came down the damage is already done. You can't take back the Tabs. So the judge granted the injunction (which is not indicative of future rulings) to keep the status quo which was no Galaxy Tab in AUS.

      HTH.

  2. Gov't - because nothing is too small to screw with by roman_mir · · Score: 4, Insightful

    All of these patent laws and copyright laws - all they do is promote innovation and competition, don't they?

  3. Judgement could be used to ban ANY android device by dell623 · · Score: 5, Insightful

    The judgement is based on broad patents that would be violated by any Android touchscreen based phone or tablet in Australia This goes way beyond the German ruling as it is not based on a design patent. Apple can now ask for a ban on any android device in Australia and it will most likely be granted. You can't blame Samsung for asserting FRAND patents, this ruling has equal anti trust/monopoly implications as it grants Apple a monopoly on tablet devices in Australia and could be used to do the same with smartphones. Apple have refused to license these patents. Software patents are now hurting consumers directly, beyond the tax we have been paying on devices that goes to play patent trolls and patent lawyers e.g. the $5-10 on every android device that goes to Microsoft. Now they are being used to kill consumer choice.

  4. Re:Gov't - because nothing is too small to screw w by Errol+backfiring · · Score: 4, Funny

    Yes. Don't you see them competing fiercely in court?

    --
    Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  5. Re:Not quite the effect Apple might want but by hedleyroos · · Score: 2

    I already did. I specifically chose the Galaxy because of Apple's antics.

  6. Re:Leverage by slydder · · Score: 3, Informative

    Actually no. The situation was stable and acceptable to all involved until Apple bought their way into the mobile industry. Standard practice was to, more or less, do what one wanted as long as the others could too. Certain licensing was required and the big boys held to that, but Apple doesn't want to play with/like the rest. Which more or less means that either they all get together and put a stop to Apple or they wait it out and let Apple deal with all of them one after the other.

    Either way it's a lose lose situation for us.

  7. Re:Ugh. by pipedwho · · Score: 2

    I'd like to see the Patent Office held liable for granting such ridiculous patents in the first place. The lawyers are just playing the game that they've been trained to play, and corporations being corporations are doing the same.

    At least this is two big companies that can afford the legal costs to fight. Smaller players don't stand a chance. The real enemy here is the game that's being played.

  8. Nice rant by SmallFurryCreature · · Score: 4, Insightful

    Small detail... this has nothing to do with Android. Apple has a beef with the design of the physical phone, the packaging, the cabling AND Samsungs skin for Android. In this suit at least, they got no complaint against Android itself.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Nice rant by recoiledsnake · · Score: 3, Informative

      A big detail you missed, that's true for Germany and Netherlands, not Australia.

      This has to do with two multitouch patents that have everything to do with Android and nothing to do with Samsung. Mobile phones are also vulnerable.

      http://pericles.ipaustralia.gov.au/ols/auspat/applicationDetails.do?applicationNo=2005246219
      http://pericles.ipaustralia.gov.au/ols/auspat/applicationDetails.do?applicationNo=2009233675

      --
      This space for rent.
  9. I don't care who just died by AbRASiON · · Score: 3, Insightful

    This company needs to be knocked off their perch. ESPECIALLY as Australian people have a penchant for strongly following the rules of tall poppy syndrome.
    Anecdotal comment: Out of the 50 staff I work with in my team in the office, we have had the following phone purchases in the past 12 months

    1x iphone 4
    5x galaxy S2
    1x galaxy 1 series
    3x HTC Android phones
    2x Acer Android phones (surprisingly good, Liquid Metal phone - 120$ AUD outright!)
    1xAsus Transformer
    0xipads

    Also of note, 2 of those Android purchases were directly moving FROM iphones to Android. If I increase that threshold to 18 months*, I can add another iphone 4.
    The sentiment in the office and amongst all the nerds I know except 2 die hards is that "Apple is evil" and generally to be avoided. It's basically 'not cool' to own an iphone at the moment, at least with the people I speak with. (If you can't tell, I'm one of the converts)

    I have in the past 12 months though, recommended an iphone for someone surprisingly. A girl who had an iphone 3gs she dropped it and shattered it, she's not tech savvy and already has an iphone with itunes backup, it would be silly to push my 'Android agenda' on the girl when clearly an iphone would suit here.
    Flame comment begin: and to be genuinely honest, I see the iphone as the 'dumbest' of the smartphones, it's perfect for people like her because it's like the old Nokia 6110 of smartphones, simple and basic. You can't do much but you can't break much either. (Yes I genuinely believe that and I owned 3 of the things)

    * and the guy who got his iphone 18 months ago is envious of everyones Galaxy S2, he's switching to Android at the end of his 24 month contract.

    1. Re:I don't care who just died by demon93 · · Score: 2

      I don't know what it's offering that the iPhone isn't.

      It's not an Apple product.

      --
      demon
      -----
      Nothing is ever a total loss; it can always serve as a bad example.
    2. Re:I don't care who just died by FireFury03 · · Score: 2

      For us, it comes down to personal preference and nothing else. The Android seems just as dumb as iOS and I honestly don't see the advantages of Android over iOS, at all.

      My partner has a Samsung Galaxy S2, I have an iPhone 4. The Android unit is nice, but I don't see any advantages of it over what Apple is offering, we tried using the alternative app stores on the Android and we found them lacking anything worth getting, aside from that I don't know what it's offering that the iPhone isn't.

      My fiancee has just bought a Nexus-S to replace her lost iPhone 3GS. what it came down to was basically price. For what she uses it for, which I imagine is what *most* people use their smartphone for (making phone calls, sending text messages, a bit of web browsing, calendaring, the occasional silly app) there really wasn't a lot of difference between an iOS device and an Android device. The iPhone 4 is about £500 whilst the Nexus-S is £300 - the hardware is pretty much identical (the only bits of note are that the iphone 4 has a higher res screen, whilst the Nexus-S has a bigger screen, and the Nexus-S has NFC) which makes the iPhone outrageously overpriced.

      Personally, I wouldn't buy an iPhone because I don't want to have a locked-down device, but for most people this probably isn't an issue. But £200 just to get an Apple logo on the back seems a bit steep and with that in mind I'd question the sanity of anyone who bought an iPhone without some specific reasons why they need an iOS device (such as requiring some obscure app that isn't available for Android).

    3. Re:I don't care who just died by Kielistic · · Score: 2

      I'm not sure if I can trust the opinion of someone who's solution to a wet piece of electronics is "give it more power" (there's definitely an Apple user joke in there). You can say all the same things about an iphone. I hate the UI, don't want to take the time to jailbreak it. Unfortunately for your argument iphonehacks.com actually exists.

      The amount of things you have to hack to get an iphone to do what you want is just as much as for an android phone. Maybe a little more for an iphone. The only difference here is you are defining "how the iphone ships" as what you want. But I would say the same about my android (and I don't even have a good one). All I've done is put a different launcher on it, which is just a matter of starting up the market. Neither are actual junk.

  10. Re:Madness by msobkow · · Score: 4, Insightful

    Until there's a way to put a corporation in jail, they should not have the same rights as people.

    --
    I do not fail; I succeed at finding out what does not work.
  11. Re:Gov't - because nothing is too small to screw w by roman_mir · · Score: 2

    Free market capitalist is not given any opportunities to run government or to buy government but also he is by definition not ruled by government.

    Free market is by definition free of government intervention.

    Once there is government intervention, then BY DEFINITION there is NO free market capitalism anymore. So at any moment that government starts regulating businesses, they stop being free market oriented businesses, their obvious response is to compete not by creating a better product at a lower price, but instead by compete by buying power.

  12. Re:Boycott Apple by msobkow · · Score: 2

    It was all conceived at Xerox PARC decades ago. Read up on Alan Kay's work there. All Apple did is BUILD something like the tablet devices envisioned all those years ago. There are also clear examples to the tablet designs throughout science fiction, particularly the Star Trek PADD devices, so Apple didn't even invent the idea of shiny surfaces or rectangular form factors.

    They didn't invent the multi-touch screen; they just used it.

    They didn't invent the icon; they used them.

    The didn't invent the rectangular form factor.

    They didn't invent the touch screen.

    Stop trying to claim that using technology the way it was designed is in some way "innovative" or "creative."

    Apple is a patent troll.

    --
    I do not fail; I succeed at finding out what does not work.
  13. Re:Madness by Nadaka · · Score: 2

    I refuse to accept that corporations are people until Texas executes one.

  14. Re:Gov't - because nothing is too small to screw w by roman_mir · · Score: 2

    A business within free market competes with other businesses for the customers based on product quality/price.

    A business within a non-free market can obviously compete with other businesses based on buying politicians, this is absolutely normal and to be expected (and I would do exactly that, presented an opportunity).

    As I always contend - there is only one thing that is reliable, it's human greed. This is a good thing, not a bad thing.

    Human greed can be a positive, constructive thing, when it's bound by the free market limitations of what competition is.

    Human greed can be totally devastating, if it is allowed to get various powers that have nothing to do with free market, but instead are types of powers that governments have over individuals. That's why we want free market - market free of government intervention, so that the greed would be used for constructive, productive, wealth creating things and not for destructive, anti-competitive, power-buying activities that lead to market distortion and economy destruction.

    I love the fact that people greedy - they build things for me and they want me to buy those things and they compete with each other based on quality and price.

    I hate politicians and I hate all governments. Governments in my eyes are ALWAYS wrong. There is NO good that comes from government. Nothing good comes from government. Anything and everything that governments do is always bad.

    That's because they also are full of people who are greedy, but individuals are captive audience, not customers but are prisoners of that system and they don't have to provide me with anything I would want to buy at prices I would be willing to pay.

    Capice?