Apple Faces Temporary iPhone, iPad Ban In Germany
An anonymous reader writes "A regional court has temporarily banned Apple from marketing or supplying iPhones and iPads in Germany, following a suit brought about by Motorola. However, Apple said that the judgement 'does not affect our ability to do business or sell products in Germany at this time.' This may have something to do with the respondent in the case being Apple Inc, the US parent company, and not Apple GmbH, the company's local subsidiary."
Seriously, the fewer of these iProducts we have out there, the more intelligent as a society we will be.
So much for Google's do no evil. At the same time while they're talking how patents are bad, they use their proxy companies to attack competitors. They get what they want and Google keeps it white clean image.
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This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
iBan
There's some saying. It was something about reaping and sowing I think. Or was it some bed you sleep in after making it?
Trust the Computer. The Computer is your friend.
This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court. Read morehere
This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
polite to bri8g
Apple is faced with the prospect of "live by the sword, die by the sword".
This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
Apple didn't bother to show up, so they had a summary judgment made against them. They'll likely appeal and argue over the merits of the patents in question during the appeal. In the meantime, it's doubtful that any injunction will actually get enforced.
This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
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This is not a court decision. Its only an initial decision that this subject is allowed to be discussed in court.
Read more here
contact to 55e if
I just had my iPhone nuked over the weekend because of a SIM-unlock that went wrong. According to the engineer I talked to (3rd level support) via another phone, this is not uncommon (no, it isn't fixed yet).
He then told me that I'm lucky not to have a 4S as there appear to be massive problems with them like dropping Net connections for no reason. Apparently the combination of iOS5 and iPhone 4S is *not* a happy one..
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Totally sensational headline. The Injunction was against Apple Inc. and Apple Inc. can appeal and introduce new evidence. Apple Germany sells iStuff in Germany, not Apple inc. There has been no ruling against Apple Germany. how about /. deals with some facts instead of troll feeding?
Watch those corners
'sfunny. US summary judgement against a UK company in the USA is held up as the fault of the UK company, not the US court system being fubar. And that UK company execs are in danger of being slammed in Jail if they pass through or over US airspace.
Yet here it's not a problem because it's Apple.
Maybe it's because Apple Gmbh doesn't use the same hardware that is under the Motorola suit? It would be news if this were so...
Apple used to be a great company. Now, Apple is just a patent parasite. If iProducts are banned, Apple will only have themselves to blame. You can blame other companies for defending themselves against an aggressive scammer, like Apple.
Engadget ran this story with what I presume is the same misinformation in it last week. I haven't been able to reach ZD Net UK. They might be slashdotted.
It isn't an injunction, legal term Verfuegung, it is a default judgment of infringement. They will now appeal it.
Nothing to see here. (And the server in the UK seems to have fallen down on the job as well.)
Since when is it “evil’ to defend yourself against scummy patent parasite, like Apple.
These lawsuits are absolutely 100% Apple’s fault.
These lawsuits would have never happened were it not for Apple’s aggressive IP scamming. Apple is worse than Microsoft in this regard.
Payback is a bitch.
Religion is what happens when nature strikes and groupthink goes wrong.
here it comes...
muahahahahaaaaa... patents... HAHAHAHA...
who is next?
Apple shills at at work here?
Apple shills at work?
Seriously? You are criticizing Samsung for "dodging" scam patents like rounded corners? Why not criticize Apple for filing lawsuits based on scam patents? The JooJoo/Crunchpad had rounded corners before the iPad. Apple is just a patent parasite. We all know it.
is also sauce for the gander.
> Indeed. We should totally let you make purchasing decisions for other people.
Apple seems to think it is okay to ban competitors products from sale in some countries. Why should Apple products be able to be banned? Apple's argument was that if people could buy Android tablets then there was a danger that they would become "Android people". OMG it's the march of the undead Android People! Quick, duck and cover!
So why is this any less dangerous that the iProducts turning people into iPhanboys?
Steve Wozniac said Steve Jobs had given mankind tools unlike any the world had ever seen. Someone replied: yes and they're called Apple fanboys.
I'll see your senator, and I'll raise you two judges.
Engadget ran this story with what I presume is the same misinformation in it last week. I haven't been able to reach ZD Net UK. They might be slashdotted.
It isn't an injunction, legal term Verfuegung, it is a default judgment of infringement. They will now appeal it.
Nothing to see here. (And the server in the UK seems to have fallen down on the job as well.)
There is a lot to see here. Because of the default judgment, Motorola can move to have the infringing products banned from sale immediately despite a certain appeal by Apple. This is how it works in Germany. In the United States, the infringing products can still be sold while the appeal is ongoing.
Much of the reporting I have seen stems from a Florian Mueller posting on his blog. Florian received the judgment from someone and nobody knew if it was fake of not. Florian's post was complete speculation on why Apple never showed up to the hearing. Since that original post, a number of German lawyers have contacted him with more information and now Florian has a number of additional posts up confirming that this is indeed a BIG DEAL for Apple.
Now, this exposes a big problem. I don't know where Florian lives. But he seems to not live anywhere near where patents are being fought. He writes as a bystander. I have never seen him write "I was in court today and watched the hearing in the case of XYZ against 123". There were a lot of people in the Mannheim Regional Court on Friday. Everybody there saw what happened. Motorola filed two suits against Apple. There were two hearings scheduled in the Mannheim court - about an hour apart. Apple's lawyers arrived half an hour before the 2nd hearing and looked very confused when they saw two hearings on the docketing board. Motorola's lawyers were already there and Apple's lawyers approached and said that there must be some mistake - there are two cases listed today. Motorola's lawyers said no, there was no mistake. You lost the first case. We got a default judgment because you didn't show up.
Because there's a shitload of twofaced when it comes to Apple products. The fanbois brains turn off in the presence of the Next Apple Thing (or is that iThing?). Therefore without the next Apple thing, they will have operating brains for more time.
Increasing the average intelligence of the world.
Well, not much. This is primarily going to hurt German retailers which is why you probably will not see an outright ban on the sale of iPhones and iPods. If you don't think people will be driving to, riding to, flying to, or ordering from other countries to get their Apple gadgets, think again. Apple products draw a lot of water and it's something people are buying regardless of the relatively poor state of the western economy.
Stupider like a fox! - H.S.
"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong," Jobs said. "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." Steve Jobs
Jobs also called everything Google made "shit," (with the exception of its search engine), and unfavourably compared the web giant to Microsoft.
http://www.cbsnews.com/stories/2011/10/20/scitech/main20123421.shtml
No, I think you won that "dumbest thing said" award. I mean, it had absolutely NOTHING in it!
E.g. what makes you call it dumb? That fanbois for Apple exists? That people do allow Apple to do things that they're really hating others to do? That they think Apple invented the smartphone, rectangles, or whatever they're suing for at the moment?
Or was the reason you thought it was dumb was because your brain turned off because you love apple and you're a fanboi?
... I reported this and more about 6 hours ago.
just so you know. Apple must, according to the judgement that I read through, has to pay Moto damages dating back to as early as the beginning of 2002.
And, as some have most assuradely already noted, this ruling is against Apple Inc. which many believe doesn't actually sell anything in Germany. The problem is the German Apple sites are owned directly by Apple Inc. and so the Lawyers are still discussing if they may have to be shutdown or whatever. Still waiting to see.
IT Admins Group: Where you decide the content
"If you can't beat 'em, sue 'em." Thanks for being frivolous, Motorola.
It completely ignores human nature. People get hypocritical and cut breaks for things they like all the time. If it isn't Apple, it will express itself somewhere else.
Besides, my overall point is that you are completely oblivious to you are as bad, if not worse, as any fanboy I've ever encountered. Apple reducing the overall intelligence of humanity... seriously?
Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
Yup, I was expecting someone would suggest I'd jailbroken the thing.
Guess what - I didn't. I never even tried, for a number of reasons I don't plan to go into. The phone is standard, kept up to date with a few days delay so I could check an update wouldn't screw up (I guess those years suffering Windows updates were good for something after all), and no apps that try to do something with hardware either.
Translated: the baseband code is as it came with the phone, and I intend it to stay that way. It now had 3 full rebuilds which made zero difference, and tomorrow I'll start round two where I will kick this upstairs properly.
What has happened here was direct consequence of a SIM unlock, and the suspicion is that Apple screwed up. I have no idea how they do an unlock, but this was supposed to be an official process and it went seriously wrong.
Oh, and before anyone else throws other suggestions in: I actually worked on mobile systems. That's one of the lesser reasons I keep the baseband code standard..
So, in summary: nope - it's all of Apple's own making.. It's a shame, I like the phone. I am not that fond of the Android phone I have as replacement, but that's simply personal taste.
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It's quite entertaining which conclusions people jump to on the basis of no information whatsoever.
A few basics.
AFAIK, the baseband code is made by Apple, and *ought* to conform to a number of standards. Which it doesn't always do. That same provider has no issues with all the other phones on their network, which kinda identifies the culprit pretty accurately. The statement was not made by an Apple engineer.
Secondly, you may not notice that your phone drops connection, it may simply appear a bit slower while it is working to reconnect and recover the link time after time. You have no way of knowing this - you're on the wrong side of the link.
Thirdly, I have been with this provider for the last 5 years EXACTLY because they are so good. Not only the service, but also the support. They don't bullshit anyone, and they do their best to chose the right tariff for everyone because, quite simply, that's how they keep their customers.
You might want to accumulate some facts before you comment.
Insert
Ah, the "but mooom, he started it!". I get it.
Apple: "It's not fair! He hit me back!"
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
And how different it is from Samsung? You think there is no Samsung Germany hence they've banned all Samsung or violating "community design" of rectangular shape with rounded corners is punished harder, than violating Motorola's hardware patents?