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Apple Must Publicly Post That Samsung Did Not Copy iPad

Posted by Soulskill on from the wearing-a-sign-in-public dept.

microcars writes "A judge in the U.K. has ordered Apple to post a notice on its website and in British newspapers alerting people to a ruling that Samsung Electronics Co. didn't copy designs for the iPad. This is the same Judge who ruled earlier that Samsung's Galaxy Tab was not as cool as Apple's iPad."

38 of 278 comments (clear)

  1. A patent troll public shaming. Interesting by crazyjj · · Score: 5, Insightful

    I wouldn't mind seeing this happen to a few more patent trolls. Not only should the U.S. adopt a European style "loser pays" system for cases like this, but a "loser has to publicly admit he's an ass" policy wouldn't hurt either.

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    1. Re:A patent troll public shaming. Interesting by crazyjj · · Score: 5, Insightful

      hey protect their own innovations to an extent they deem reasonable

      I'm pretty sure they didn't "innovate" a rectangle with rounded corners.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    2. Re:A patent troll public shaming. Interesting by ewanm89 · · Score: 5, Insightful

      So which lawsuit did Google initiate? Plenty where suits have been bought against Google. I don't know of any where Google was the initiator.

    3. Re:A patent troll public shaming. Interesting by oakgrove · · Score: 5, Insightful

      They protect their own innovations to an extent they deem reasonable.

      What innovations? Apple is an imitator, marketer, and polisher of other people's products. Did they invent the cellphone? Did they invent tablets? Did they invent mp3 players, touch screens, gridded icons, rounded corners or anything else of substance? Have they ever actually created a new product category? The best people can say is that Samsung imitated an imitator. At best.

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    4. Re:A patent troll public shaming. Interesting by Anonymous Coward · · Score: 5, Interesting

      Yes. Apple innovated the shit out of that rounded rectangle.
      /sarcasm

    5. Re:A patent troll public shaming. Interesting by Anonymous Coward · · Score: 3, Informative

      Here's an idea: Follow the links in the summary. Or even to the previous /. article, where the judge cites over FIFTY cases of prior art in the last twenty+ years.

      Or you could keep spouting off random crap that you feel strongly about. Who cares if it's factual.

    6. Re:A patent troll public shaming. Interesting by Anonymous Coward · · Score: 3, Informative

      Where's the rounded rectangle phone YOU invented, huh bub? To say that it was easy suggests that it could have been done 10 years prior.

      The patented design had been show previously in sci-fi classics such as Star Trek (all of them) and 2001:A Space Odyssey as well as others.

      Considering your rather pathetic argument I take it that you have not been paying attention or you are trolling for a response like this.

    7. Re:A patent troll public shaming. Interesting by AmiMoJo · · Score: 4, Insightful

      The reason Apple have to do this is because they tried to trash Samsung's name publicly. Apple is not being punished here, merely made to undo the wrong that they did.

      We have restorative justice, meaning the goal is always to put things back the way they were before the matter under consideration happened. Monetary damages are awarded based on lost income, and in cases like this where one party has damaged the other's reputation steps must be taken to restore it.

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    8. Re:A patent troll public shaming. Interesting by sootman · · Score: 3, Insightful

      How does "loser pays" work when a little guy goes after a big company like Apple, Google, or Microsoft with a legitimate complaint but gets defeated because the big company was able to spend 100,000x more on their lawyers?

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    9. Re:A patent troll public shaming. Interesting by oakgrove · · Score: 5, Informative

      Have you even looked at the patent in question? Here it is in all its rounded corner glory. They patented rounded freaking corners. If you want to get specific, 4 rounded corners on a rectangle. Like the world has never seen that before.

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    10. Re:A patent troll public shaming. Interesting by OWJones · · Score: 4, Insightful

      By "in the middle of" you mean "not yet in control of and had no power over," right?

    11. Re:A patent troll public shaming. Interesting by Nyder · · Score: 4, Interesting

      hey protect their own innovations to an extent they deem reasonable

      I'm pretty sure they didn't "innovate" a rectangle with rounded corners.

      Hell no, Chiclets http://en.wikipedia.org/wiki/Chiclets are rectangular and have rounded corners, and have been around since 1906.

      --
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    12. Re:A patent troll public shaming. Interesting by amRadioHed · · Score: 3, Interesting

      Those examples are all of Google using it's patent portfolio to fight back against companies that struck first with patent suites. They are keeping a clean image by actually staying clean.

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    13. Re:A patent troll public shaming. Interesting by thetoadwarrior · · Score: 4, Interesting

      I'm not sure I can call an exceptionally wealthy company going after Nokia who's knocking on death's door a defensive move especially when they could have always filed the antitrust suit against MS which would have made more sense given it's MS that is benefiting much more by going after Android hardware companies. But that would mean going after someone who is equally as strong and it's much easier to try and bankrupt Nokia and kill of a WP manufacturer. Just as MS should go after Google but they pick on the weaker guys.

      And quite frankly allowing HTC continue the whole problem of patent lawsuits rather than actively trying to fix it doesn't help anyone but themselves (and HTC) and they could have kept those patents and went after Apple but they didn't. They're trying to have their cake and eat it too imo to keep their image clean, imo so yes I'll admit there isn't *that* much at the moment but I think that's going to change.

    14. Re:A patent troll public shaming. Interesting by dyingtolive · · Score: 4, Insightful

      That was a very lengthy way to type "I'm incapible of performing research on products before buying them."

      Did you also buy a coupe expecting to be able to fit your kids in the backseat?

      "Well... I mean... it's a car! It SHOULD have a backseat, right? Someone should do something to protect me from this! DERP!"

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    15. Re:A patent troll public shaming. Interesting by drkstr1 · · Score: 3, Informative

      I have no beef with Nintendo ever since I took my broken DS (which I bought used, although not broken at the time) into their Redmond office, and they swapped it out for a brand new one. No questions asked, no paperwork, nothing but pure customer satisfaction.

      I wish more companies were like Nintendo.

      --
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    16. Re:A patent troll public shaming. Interesting by jo_ham · · Score: 3, Insightful

      The point is not whether or not Apple was legally right in doing this. The point is they were assholes for doing so. And I don't like doing business with corporations that are not nice.

      No, the point (as put forth by the OP) was that Apple patented rounded corners, and meant "method patent", which is not what Apple did.

      The point wasn't anywhere near whether Apple was being an asshole about it - yes, they were - the whole lawsuit has got way out of hand, but that doesn't mean we shouldn't correct false statements.

    17. Re:A patent troll public shaming. Interesting by steveha · · Score: 4, Informative

      How does "loser pays" work when a little guy goes after a big company like Apple, Google, or Microsoft with a legitimate complaint

      You are saying that $BIG_COMPANY can afford to hire $BIG_LAW_FIRM_A (or else has its own lawyers that are effectively its own big law firm). $LITTLE_GUY has no chance.

      But under "loser pays", $BIG_LAW_FIRM_B can take the case; since you stipulated that it is a legitimate complaint, odds are good that $BIG_LAW_FIRM_B will be paid by the loser ($BIG_COMPANY). $BIG_LAW_FIRM_B is not guaranteed to be paid but the odds are good, since they are as big as $BIG_LAW_FIRM_A and the complaint is legitimate. Contrast to the current situation in America, where $LITTLE_GUY cannot afford to pay any big law firm, so if any big law firm agrees to take his case, they are doing it knowing they won't get paid very much.

      So, you have brought up one of the major reasons why "loser pays" is better: the defense can automatically scale if needed to match the offense.

      The other major reason why "loser pays" is better: filing lawsuits without merit now actually costs money. Maybe $BIG_COMPANY doesn't even file the lawsuit against $LITTLE_GUY in the first place, which is an even better situation for $LITTLE_GUY than having a big law firm handling his defense.

      There, that's two ways that "loser pays" helps in the situation you describe.

      steveha

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  2. YES! by MickyTheIdiot · · Score: 5, Insightful

    One of my biggest issues with corporate culture is the ending to so many disputes where the misbehaving corporation "admits no fault" for the situation.

    They should always have to post a "we did wrong" letter after they get shown the door.

    1. Re:YES! by Genda · · Score: 5, Insightful

      I find it particularly egregious when a corporation has committed a truly heinous act, like dumping toxic waste resulting in some number of deaths and injuries, and to keep face, they agree to settle out quickly (so the remaining survivors can get expensive medical care) on the agreement that they "Admit to no wrong doing", and nobody can talk about the atrocity they committed.

      Perhaps there will be a time when people place the value of human dignity above the value of personal wealth. Sadly, I'm not holding my breath.

  3. Why do they have to do it on their own website? by Krishnoid · · Score: 4, Funny

    This is the Internet age, after all.

  4. Way cooler by Ant2 · · Score: 5, Funny

    I could see how Apple could turn this around to their benefit.

    "Samsung did not copy design from the iPad for the Galaxy Tab. The iPad is WAY cooler! Even the judge thinks so."

    1. Re:Way cooler by game+kid · · Score: 3, Funny

      POM Wonderful did something like this very recently. It felt a bit bizarre to read that, via a NYTimes banner that showed on that day.

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  5. And we can expect by AliasMarlowe · · Score: 4, Interesting

    We can expect that Apple will wriggle to avoid doing this in any meaningful way. What's the smallest size ad they can place? What's the smallest typeface? Do all elements need equal prominance?
    They'd likely put a huge ad saying "Buy Apple iPad, the judge said it's cool" in a large font with the "Samsung did not copy" message in a tiny font in a corner of the ad (maybe even upside-down text). They'll go as far as they think they can while avoiding a contempt finding.

    --
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    1. Re:And we can expect by Ynot_82 · · Score: 5, Insightful

      I think the media coverage alone of this story will do all the work
      Apple cannot control that
      I think what Apple actually does to comply with this will be largely irrelevant when it's being talked about on the news.

    2. Re:And we can expect by anagama · · Score: 4, Insightful

      It isn't just some newspaper ads:

      Now, Birss says Apple must post a notice to its UK website that outlines the July 9 decision, and the notice must remain on the site for six months. ... Unsurprisingly, Apple's lawyer in the case, Richard Hacon, pushed back on the order by arguing that Apple would essentially be forced to advertise for Samsung. "No company likes to refer to a rival on its website," ...

      http://arstechnica.com/apple/2012/07/judge-to-apple-tell-uk-consumers-samsung-didnt-infringe-on-ipad-design/

      The Streisand effect was designed in California too, correct?

      --
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    3. Re:And we can expect by ColdWetDog · · Score: 4, Funny

      I'm sure at this very moment, there are dozens of staffers from ad agencies employed by Apple quaffing quad shot lattes and bouncing all manner of story arcs off of each other, the walls and the urinals at Starbucks.

      This is an advertising executives dream job.

      --
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    4. Re:And we can expect by erroneus · · Score: 3, Insightful

      But like the climategate thing, people aren't interested in hearing that the accusers were wrong in the end. The damage is done. This judge is probably attempting to undo the damage by forcing the damagers to make the statement. It is not enough that a judge makes the statement. It has to come from Apple -- the accuser, the damager. Even so, people won't be inclined to believe as that requires people to change their beliefs and there is a very long and significant list of things that people will change before they change their beliefs.

    5. Re:And we can expect by Ynot_82 · · Score: 4, Interesting

      This is all over the front pages of the major UK news outlets
      People know about this, regardless of what Apple put on their website

    6. Re:And we can expect by Divebus · · Score: 3, Interesting

      One way to spin it: "OUR MISTAKE! Sorry, but the Samsung tablet is NOTHING like the iPad. Nothing at all. If you can find any similarities in the two products, they would merely be a coincidence. That's what we get for buying components from Samsung. Who knew they were already going to make a tablet and we're just using their parts? That's why the parts were so cheap - they were already making them. It was us who was late to the game. Besides, it's a COMPLETELY different shape than the iPad. Totally different. The Galaxy Tab is actually more similar to the other dozen counterfeit iPads... er... original tablet ideas independently developed a year or two later on the market today."

      I spent over a year in Korea and they fucking copy EVERYTHING. Ever notice how the entire lineup of Hyundai copycat cars make you do a double take? There's one that looks like a BMW, a Mercedes, a Jaguar, a Bentley... you name it, they copy it. I almost bought a beautiful camera in Yongsan for an unbelievable price until I double checked the real spelling of Hasselblad. Korea is home to the finest counterfeit luxury goods in the world. No surprise here. Move along.

      --

      Most of the stuff on /. won't survive first contact with facts.
  6. The punch line by OhHellWithIt · · Score: 5, Informative

    The punch line is in TFA (emphasis added):

    Birss said in his July 9 ruling that Samsung’s tablets were unlikely to be confused with the iPad because they are “not as cool.” He declined today to grant Samsung’s bid for an injunction blocking Apple from making public statements that the Galaxy infringed its design rights.

    “They are entitled to their opinion,” he said.

    It looks like they have to run the ads, but they can still say Samsung copied them.

    --
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  7. Apple's conduct is reprehensible by execthis · · Score: 4

    Samsung said in their statement: "Should Apple continue to make excessive legal claims based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited."

    Apple is like the #1 enemy in the tech industry. I remember that ad from years ago with all those drone-like people in front of the screen obeying their overlord. Well, can't people see that that's exactly what Apple and its users are like now?

  8. Publicly by Anonymous Coward · · Score: 4, Funny

    It will be posted publicly.
    In a public cellar.
    With no stairs.
    In the dark.
    In the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'.

  9. Re:If it's Apple, it'll be in the most obscure pla by OldSport · · Score: 3, Informative

    Maybe not. Citibank screwed something up in Japan -- not sure what, some violation of information disclosure laws -- and it was on the main page for three months -- you had to click a little box acknowledging you'd read it before you could access your account. Hopefully this will be something similar.

  10. He's British by Kupfernigk · · Score: 3, Informative

    I doubt he's ever heard of it. In the UK, no, and I really mean no, US car has the slightest cool factor whatsoever. The coolest judgemobile ever was Scott's bicycle at the Scott enquiry (into illegal arms sales to Iraq).

    --
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  11. This is going to backfire so hard by maccodemonkey · · Score: 3, Funny

    "We're legally obligated to inform you that the courts have found that the Galaxy Tab is not as cool as the iPad, and also found by the courts to not be an iPad substitute."

  12. Sorry, in order to see this confession... by tlambert · · Score: 4, Funny

    ...you must install iTunes and the following optional QuickTime components: X, Y, Z, Q, ...

    Sorry, it looks like your platform is not supported. Please try again with the latest version of Mac OS X or Windows.

  13. Finally by stephanruby · · Score: 3, Funny

    Finally, Apple has a reason for using Adobe Flash.