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Apple Tells Retailers To Stop Selling Certain Samsung Devices
walterbyrd writes with news that Apple has been sending out letters to carriers and retailers who sell the Samsung Galaxy Tab 10.1 and the Galaxy Nexus, informing them of a court-mandated ban on sales and warning them against continuing to market the devices. The court order for the patent case on the Galaxy Tab says Samsung and "those acting in concert" with them are enjoined from selling the devices, and Apple has used the letters to point this out. Samsung, of course, disagrees: "Apple’s menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not."
I own a mbp, 2 iPhones, and an iPad... but this is getting annoying. think I'll go buy a
galaxy s3 today.
... and leave the law to the authorities.
Mmmmk?
EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
If you hadn't made such a fuss about the Samsung Tabs they would not be so popular today, Here in Australia they are very hard to find, you have to pre-order it while the ipads sit in the shops. I am not suggesting that they are outselling the ipad, but there is a real demand which, in part, has been created by the market leader. What a weird world we are in today!
Common sense is not so common
It's almost like in this sector, patents are hurting innovation. No wait, that can't be right...
The USA, with its abyssmal right wing social and economic policies will mean the USA will fall to second rate status in the world. By then China, Brazil, Korea, India, etc will grow wise to this lame "intellectual property" scam, and the next American Steve Jobs wont stand a chance.
When that day comes, and other countries say it was us who invtented this aggressive international enforcememt of this completely bullshit monopoly maintenance technique, just be happy there is and was an alternative strand of thought on the concept of intellectual property: no.
Then maybe we can fnally rid the world of this abomination. It is not ised to protect small inventors, it is used to enforce anti-market monopolistic practices.
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Why does Apple need to complain and whine about all these stupid patents? It's already the largest and most profitable technology company, and its cash reserves are insane. Everything it's doing is just like the Microsoft of the 1990's. And Steve Jobs was possibly a bigger asshole than Gates and Ballmer. Except, for some reason, people actually liked Jobs.
....and more Samsung Androids in the streets. Really smart tactics Apple. Obsessive as your former master. In fact, insane. But who cares if shiny is there.
Just one simple promise - I will never buy any Apple product in my life. Sorry, you simply can't have it both ways.
user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
Ya, no. Retailers that have already purchased product and have them in inventory are free to sell those items. Samsung and it's distributors are no longer allowed to sell the devices to retailers or end-users. If a retailer is holding inventory on behalf of Samsung or it's distributors in a form of consignment, then no, they can't sell them.
You see it the way Apple does; that ALL sales must stop and that's not the case. Selling inventory you've already paid for is not working in concert with the manufacturer. Samsung listing your website or store as a place to get the product, is.
Except there is no injunction against the Nexus, just the Tab 10.1 (the old version noone sells anymore). The Nexus was cleared for US sale last week. This is not only overreaching but blatantly fraudulent. Samsung needs to get their lawyers warmed up.
Personally I'd rather have my idiots at home glued to the TV than out doing idiotic things
Fuck Apple. I've been thinking about replacing the 3 year old Mac Pro that I use for music production with a new one, but I'm about done with Apple's stormtrooper bullshit.
Seriously. Fuck Apple. You know fads come and go, and nerds and geeks carried Apple through some bad spots. Let's see how long Apple's dominant position in the market lasts when people start to realize that the corporation behind those snappy ads and shiny products are greedy, heavy-handed scum.
I've just decided Apple products are no longer cool. The Apple logo is not cool and owning anything Apple is not cool. Since I was among the first who decided that Apple was cool, decades ago, I feel I have the responsibility now end this thing.
It doesn't matter if I'm the only one. When I see someone with an iPhone or iPad, I'm going to see them as particularly uncool. I will tell them.
Watch and see if it doesn't start a trend. Not because I'm special, but because I'm NOT special. If this is how I feel, it's almost certain that there are lots of other people who feel this way because I am not special. The not-special people who made Apple cool to begin with will be the ones to remove their cool status.
You are welcome on my lawn.
Worth pointing out that this article was written by Florian Mueller of "Top Anti-Android Blogger Florian Mueller is Being Paid by Oracle" fame. He has been proven wrong before, and so we should probably wait for some better reporting on this story. That said, I would say he is right about the ban on Samsung extending to third parties that "act in concert" with Samsung to continue selling the Galaxy Tab 10.1, but he is wrong that the ban applies to really independent third parties who are selling the Tab 10.1 without "acting in concert" with Samsung (i.e. third party importers etc.). To stop those guys, Apple needs to take them to court.
Except for this part: Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them
Especially considering that there's no ban on Galaxy Nexus. Apple's going the way of 90's era Microsoft, and that's sad.
I don't recall Microsoft using the courts to uphold patents to prevent copycat competition.
Did the injunction specifically refer to that? From what I remember, the injunction used language to the effect of "barring all U.S. Galaxy Tab sales", and was not directed at any particular entity.... just general prohibition against sale of the device anywhere within the the US. I would hope that if somebody knows otherwise, they can refer me to the specific text of the ruling that indicates it.
File under 'M' for 'Manic ranting'
It's Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them who are banned from selling, importing, making and using gTabs in US.
"Using" part is funny, will Apple next conduct searches at Samsung's officers, directors, employees etc. homes to enforce the injunction in full? "He's taking the Tab from his desk drawer... He's turning it on! Team Bravo, move out!"
Except there is no injunction against the Nexus, just the Tab 10.1
Except there was http://yro.slashdot.org/story/12/06/30/028234/sale-of-galaxy-nexus-banned-in-the-us.
Unfortunately, it appears as if some of the countries you've mentioned are suffering from even more regressive political and economic policies. Take for instance, Korea. Samsung dominates Korea in a manner that would put shame any claims that Microsoft or Apple are monopolies. China's government and private sector partnerships make US defense contractors seem like angels. And note how the income disparity between China's billionaires and the peasant poor is greater than that of the US.
But aren't retailers that sell the device "acting in concert" with them?
I'f I buy 1000 widgets from you, then 1 month later turn around and sell those widgets in my store, how am I acting in concert with you? Our transaction ended completely as soon as I handed you the money and you handed me the widgets.
As long as we have an arrangement where you can return any unsold widgets back to me for a refund, I'm not sure how you would *NOT* be acting in concert with me. If I did not stipulate such a return policy with you, however, then yeah... we wouldn't be acting in concert.
Retailers can, typically, return unsold product back to the distributor.
File under 'M' for 'Manic ranting'
Wrong. Retailers are almost always independent parties who are simply reselling a product. The transaction with the OEM is already completed and any business has been tidied up. Once I have the product, I am free to sell it independently unless I have an injunction placed against me directly.
Return policy in this case falls under as an extension of Uniform Commercial Code, and while it may be listed in the contract, the primary body of the contract has most likely already been executed.
Except there is no injunction against the Nexus, just the Tab 10.1
Except there was http://yro.slashdot.org/story/12/06/30/028234/sale-of-galaxy-nexus-banned-in-the-us.
Keyword: was. Your slashdot article is dated June 30. This engadget article is dated July 6. So, as GP said, there is no ban on the Nexus.
http://www.engadget.com/2012/07/06/samsung-gets-temporary-stay-on-galaxy-nexus-ban/
:(){
Don't kid yourself. These actions by Apple drive up prices, kill innovation, and limit choice.
If there's no opportunity for returning unsold product back to the distributor, then I'd fully agree that the distributor and the retailer are not acting "in concert" with eachother. Even if the retailer offers a return policy themselves, note that A having a contract with B and B having a similar contract with C does not imply that A has a contract with C. So third parties are safe, as are any independent sales.
File under 'M' for 'Manic ranting'
You realize this link is a satire/joke site right????
Fuck you Apple!
The last link to fosspatents.com - that's Florian Mueller's blog. The "FOSS" label serves to give him the appearance of an independent party, while he is in fact a paid lobbyist.
Apple's rise to prominence is because they managed to become a fashion company. Normally consumer electronics is quite price sensitive. You don't become the biggest charging premium pricing, consumers just won't have it, even if you are offering something that justifies the cost. However fashion doesn't work like that, expensive is ok, even good. People will pay more to be fashionable.
Well that's what Apple did starting with the iPod. They didn't invent MP3 players, you could get them long before the iPod, however few people did. Like walkmen and so on only some people were interested. However Apple made them not a tech device, but a fashion accessory. You were cool if you owned one, complete with the white earbuds, cord hanging out in front to show you had one. Suddenly Shure and Etymotic had demand for white earbuds, something nobody had ever wanted before (because people wanted better sound but still the status symbol). People didn't buy MP3 players, they bought iPods because it was the fashionable thing.
This continues. People buy Apple because they think it is cool to do. Some people buy it for other reasons, as some people have bought Apple in the past, but the majority buy it to be one of the "in crowd". We just saw this at work, one of the secretaries just had to have an iMac for her new computer. She could not give a coherent reason, particularly since all the software she needs is for Windows (sometimes Windows exclusively). Indeed it has Fusion on it and she basically uses Windows exclusively with it. But she had to have a Mac. The real reason was, of course, because the Mac is "cool" and a PC is not. There was no technical reason or business case for it (and indeed reasons not to do it) it was all about fashion.
Apple is in a world of hurt the day that ends. When that day will be, who knows? It could be tomorrow, it could be in 500 years. However when it happens their profitability will take a massive hit. People will stop buying their devices not for any good reason, but just because they are no longer the cool thing to own.
Hey guys, remember when some of you thought Apple was the good guys? That was real cute, you guys. When do we get an Apple borg icon?