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In UK, Apple Must Run Ad Apologizing to Samsung
sfcrazy writes "Apple has lost is appeal in a UK court against Samsung's Galaxy Tab. The court of appeals has upheld its previous judgment that Samsung did not infringe on any Apple design. According to the order Apple will have to run an ads in leading UK newspapers as well its own website stating that Samsung did not infringes its products. To ensure that the ad is visible the court also ordered that the text of the ad must not be in a font size smaller than Ariel 14. Apple will have to run the ad on its site for a period of one month."
Britannia rules!
Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
I just came here after finishing reading the ruling itself, [2012] EWCA Civ 1339. I find UK legalese rather easier to read than US legalese (not being a lawyer), and it's interestingly informal in some parts. It's also quite informative (the judges pointed out specifically which differences they found to be relevant, such as the iPad's registered design being intentionally symmetrical, and the Galaxy Tab having an obvious intended orientation due to the addition of the word "SAMSUNG").
(1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
Never heard of that font...
The apology message will render like wingding symbols for most...
the court forgot to specify that Apple could not use the same text & background colours!
Apple did win a concession: they were originally ordered to have it on the web site for 6 months, this was reduced to 1 month.
This is awesome, but I'd never expect this in a million years
this needs to happen in the US as well.
Next Steve Ballmer needs to apologize to Linux Tovalds for calling his works a "virus"
So, it would look like the Slashdot logo?
Crap, it ate my first comment.... ok, trying again.
I am curious, if anyone knows, how common of a stipulation is this in the UK? This is the first I have heard about such a thing. If it is not common (which I suspect) I wonder what made this particular case worthy of it... did the judge hate Apple? Did Samsung have someone with political clout in their pocket?
While it was high profile and fed into the technie anti-Apple attitude, this really was not an outrageous case by a long shot. If nothing else it was a trial between equals, two companies that had the experience and resources to go through with it.. neither is really all that deserving of a special apology or shaming. Where are the court mandated apologies from transnationals that use their armies of lawyers to crush smaller opponents by bankrupting them with legal costs? Where are the court mandated apologies from patent trolls that prey on companies too small to even have a legal team and have to 'settle' to be left alone? Where are the apologies from companies that use local political leverage to twist the laws around their business and make the environment inhospitable to competition? Seems there is a long list of apologies that should happen before this joke.
Assuming they meant "Arial", isn't that particular font family Windows-only? Just some additional insult to injury that they didn't specify "Helvetica".
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Now that Apple has been slapped down for lying, it might put an end to all the BS with these patent infringements.
-- By all means let's be open-minded, but not so open-minded that our brains drop out.
Lets not forget which party started the lawsuit here.
You think it'd be fair for Apple to just be able to walk away after falsely (proven in court) accusing Samsung of patent infringement and causing negative publicity for Samsung?
If Apple could walk away freely, what would prevent Apple from filing court cases against every single competing product?
It's an issue of balance:
Scenario 1: "Banned from selling a product" vs. "Nothing changes"
Scenario 2: "Banned from selling a product" vs. "Public apology"
Which do you think is most fair?
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I am not an Apple fan, but since the judge himsef said at that Samsung's devices were not as "cool" because they lacked Apple's "extreme simplicity" I think Apple can come up with an apology that will not hurt. I imagine they will apologise for "overestimating the Samsung device but now rightly see that it lacks the superiour design aspects of the iPad".
Scenario 3: "Banned from selling a product" vs. "Restitution for lost sales from product ban"
You must gather your party before venturing forth.
I would love to see Apple try that as it would be a clear contempt of court. Any attempt to defend it would be likely to insult the judge even more and get more damages against them. Lets see some heads roll :-D
I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
I try to be fair. One way I do that is to do exactly as you asked. Look at the situation as if the facts were the same and the parties were reversed. Then how do you feel?
If Samsung had gone on a rampage in public stating untrue things about Apple, then Yes, I would feel like the court had come up with a reasonable and unpleasant remedy.
Just earlier, in another forum, I pointed something out. Someone talked about Office365 cloud owning your business, etc. I said that as much as I am a Google fan and Microsoft hater, the same could be said for letting Google Apps own your business and rent it back to you. So yes, despite your own biases, always try to see it from the other perspective.
Having done that, I think Apple is the next dangerous monopolist wannabe that absolutely must be stopped at any and all cost. Microsoft's patent aggression against Linux and all things open wants merely money. Apple wants to stop all forms of competition. That is as bad as Microsoft ever was.
I'll see your senator, and I'll raise you two judges.
"The judge actually criticized Samsung's design by stating that they 'do not have the same understated and extreme simplicity which is possessed by the Apple design.'"
Ever since the first iPods became popular I haven't understood this obsession with simplicity. I do get it that there are more non-geeks than geeks out there and that the non-geeks don't want to have to work to learn how to use anything. Still.. I want my stuff to actually do something, doesn't everyone? How can it be easier to accomplish a task of a certain complexity with fewer and fewer controls? For example, going back to MP3 players, if I want to pick a playlist from my music collection of just the songs I am in the mood for at this time how do I do this with just one rotating control? I'm guessing what is really happening is that people have a low expectation of what their devices should do but also don't have the imagination to realize that expectation is low
What I really don't get is that the rest of the industry just tries to copy it rather than attack it. Yes, Apple has a huge market of simplicity hungry people with money to spend. Guess what... imitate that simplicity, through copying or through your own desings and you still aren't Apple! Nobody is going to out Apple Apple because even if you do the inertia is all Apple's anyway.
Instead, why hasn't anybody tried building the market for non simlistic devices? I can imagine there being some pretty great marketing campaign opportunities in that. For example.. how about a commercial where a hipster looking guy is showing off his shiny new car with it's sexy extreme simplicity elegance to his friends and the girl he obviously wants to impress. It's so simple, there is just one button. He presses the button and the car promply crashes because there is no wheel to steer it! At the end you hear an announcer say "Android - because it's not TOO simple" or some similar but more polished tag line.
Hey now, I have it on good authority that over half of the /. editorial staff can now say their ABC's without even humming the song.
What political party do you join when you don't like Bible-thumpers *or* hippies?
"We're Sorry. We thought that Samsung had copied our patented design, but according to a ruling by a court of law, Samsung's devices have been found to not be cool enough to be considered copies of ours. We sincerely apologize to Samsung and their uncool products." In 32 point font on the front page.
I browse on +1 so AC's need not respond, I won't see it.
I wasn't aware Samsung had a temporary ban during the trial.
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He who lives by the silly lawsuit, shall die by the silly lawsuit.
It's not just a defeat but a humiliating defeat. Good. (I like and use Apple products but they deserved to lose this one).
Oolite: Elite-like game. For Mac, Linux and Windows
That will work about as well as Microsoft "get the facts" campaign which just was free advertising for Linux and good advertising, because Linux must be really good to have MS so worried about it.
The top dog NEVER does negative advertising on its smaller competitors, at best you just look pathetic and at worst, everyone will check out your competitor to see what got you running scared.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Actually, that typo is copied directly from TFA... So Mucktware doesn't proofread.....
Free Pie! The Pie is Also Evil!
And then get fined 10% of EU revenue for contempt of court and continuing to traduce the good name of Samsung that they were ordered to reverse earlier.
This would not be a good move.
It would have been so much better if the judge had specified comic sans 24 pt.
It's not the size of the install base that counts, but how well you serve their needs, you insensitive clod !
-- arielCo
This post contains no rudeness or derision of any kind. All arguments are friendly. Terms and exclusions may apply.
Somebody ought to patent this method of punishment!
Lets not forget which party started the lawsuit here. You think it'd be fair for Apple to just be able to walk away after falsely (proven in court) accusing Samsung of patent infringement and causing negative publicity for Samsung?
Except that they successfully (proven in court) accused Samsung of patent infringement in Germany. That's why this ruling is a little odd. Sure, jurisdictions have different standards and the patents involved here are slightly different, but requiring a public statement that can be interpreted to be cross-jurisdictional is unusual.
It would depend on whether Samsung had published incorrect assumptions about Apple before the outcome of the trial. The whole reason Apple had to apologise is because Apple publicly stated that Samsung had copied them. The judge had ruled that as incorrrect and so Apple has to make amends.
Seems sensible to me.
You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
They can only do that by using the redefined meaning of the word "copy".
If Apple does something, it, by definition, is original. They cannot be copying. If you accuse them of it, you obviously do not know what the word means.
If you are a competitor, you are copying their stuff. If you say you are not because you were using the idea 10 years before Apple did, you still do not correctly understand the word.
Copying means doing anything that may affect their profits - nothing else. You could make a spherical phone with 32 hexagonal buttons, a crescent shaped screen, had a UI based on Lcars and Apple would still sue for copying you if it was faster, cheaper and easier to use and outsold them.
The more traditional meaning of "copying" is being phased out by apple now then?
I'll see your Constitution and raise you a Queen.